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Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......to- Rabi-S Naik Vs. Union of India AIR 1994(SC) 1558; Brundaban Nayak Vs. Election Commission of India, AIR 1965 page 1892, Para 12; Golam Mustafa Khair Vs. Chief Election Commission, PLD 1969 (Lahore) 602; Fazlul Kader Chowdhury Vs. Md. Abdul Hoque PLD 1963(SC) 486; Bradlaugh Vs. Gossett 1884 (1......nstitution (Fifty-Second Amendment) Act, 1985, which become known as anti-defection law, has been the subject matter of raising controversy from the very beginning. Fears have been expressed that the remedy provided by the amendment might prove worse than the disease. “Defection, it has been argue..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ......rs.….Respondents. Judgment October 25, 2009. Case Referred to- Budhan Vs. State of Bihar AIR 195 (SC) 191. Lawyers Involved: A.H.M. Kamruzzaman, Advocate-For the Petitioners. Karuna Moy Chakma, Deputy Attorney General with Eunus Ali, Assistant Atto......ons to have their job. The petitioners have not been working since 01.01.2004. Thus, the respondents are not liable for absorption of the petitioners to the revenue budget and they should not get any remedy in this regard and since the petitioners are not employees of the Government of Bangladesh, t..Category: Employment/Service Law | Date: | Hits: 106
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
.... that due to the cause of pressure, threatening of life to the local people and the witnesses given by the accused persons no body dare to proceed towards the accused persons; that finding on other alternative, not within the knowledge of accused persons, the wife of the informant, namely, Parvi...... 2009) Alamgir and another…………….Respondents (In Criminal Petition No. 264 of 2009) Order July 30, 2009. Lawyers Involved: Nazrul Islam Talukder, Deputy Attorney General, instructed by B. Hossain, Advocate-On-Record-For the Petitioners (In all the petition......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ..Category: Others | Date: | Hits: 66
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......0) 349. ...... serving the sentence, and issuing ad interim order of stay of the non-existent proceeding inasmuch as the High Court Division does not possess any inherent power to pass such order. The petitioner's remedy lies in filing of appeal under section 10 of Criminal Law Amendment Act, 1958 and an applicat..Category: Others | Date: | Hits: 106
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
.... State, 28 DLR (AD) 38. In this case it has been reiterated that the inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by section 561A is not an alternative or an additional jurisdiction but it is a jurisdiction preserved in the interest of just......sions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......us or vexatious. The Inherent power of the High Court Division, an extraordinary power to be exercised in extraordinary circumstances in the interest of justice, is generally exercised where no other remedy is available for obtaining justice in the cause and should not be invoked where another remed..Category: Anti-Corruption Laws | Date: | Hits: 195
....allotment, he could have preferred an appeal but without seeking redress to the proper authority in accordance with law moved the writ petition challenging the allotment. Without resorting to the alternative remedy available, the writ petition is not legally maintainable.
13. In view ......Tafazzul Islam CJ
Md. Abdul Matin J
ABM Khairul Haque J
Surendra Kumar Sinha J
A.B.M. Asgar………………………………Appellant
Vs.
The Administrator and the Chairman of the Allotment Committee, Dhaka and others………………….......Responde......e could have preferred an appeal but without seeking redress to the proper authority in accordance with law moved the writ petition challenging the allotment. Without resorting to the alternative remedy available, the writ petition is not legally maintainable.
13. In view of the above..
Category: Property Law | Date: | Hits: 29
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....4.11.1980 is false, collusive and without consideration. On receipt of a letter of the defendant No.1 dated 27.09.1985 the plaintiffs came to know about the alleged heba deed. Then finding no other alternative the plaintiff instituted the instant suit for declaring that the alleged Heba-bil-Ewaz d.............................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Syed Amirul Is......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... This Case is also Reported in: 62 DLR (AD) (2010) 225. ......petition and obtained the Rule Nisi. This Court repeatedly argued that a fugitive from justice is not entitled to obtain a judicial order defying the process of the Court. When a person wants to seek remedy from a Court of law, he is required to submit to the due process of the Court and unless he s..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
....cer or authority concerned, and shall give such officer or authority an opportunity to show cause why the appeal should not be entertained. But the respondent No.1 without invoking and exhausting the alternative forum of appeal as provided in the aforesaid Article 52 of the University Order, 1973, f......sity Order, 1973 (President's Order 11 of 1973), Article 52 An appointment made by a legally constituted committee under Dhaka University Order, 1973, can be reviewed and set aside only by a superior committee legally constituted when such appointment is terminated with stigma attached. Case R......sion of the Appellate Division passed in the case of Controller of Examinations, University of Dhaka vs Mahinuddin reported in 44 DLR (AD) 305, the instant writ petition is not maintainable and the remedy lies in an appeal to the Chancellor under Article 52 of PO 11 of 1973." 4. Dr. Rafiqur Rah..Category: Employment/Service Law | Date: | Hits: 68
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....a fugitive from justice and without surrendering before the concerned Court, the writ petition is not legally maintainable. It is further contended by the learned Counsel that the writ petitioner has alternative remedy under section 10 of the Criminal Law Amendment Act, 1958 and therefore, the writ ......ed in: 15 BLC (AD) (2010) 44. ...... seeks the interference of the sovereign to obtain revision of a judicial order must submit to the Court instead of engaging himself in setting that judicial order at naught . . . When a person seeks remedy from a court of law, either in writ jurisdiction or criminal appellate, revisional or miscell..Category: Anti-Corruption Laws | Date: | Hits: 211
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....ngth of the said deeds of gift, rather as successors of late Badruzzaman they have been jointly possessing the land left by him without any partition or demarcation. The High Court Division has no alternative but to find that the deeds in question are nothing but forged, fraudulent, those are no......hellip;…………Respondents Judgment August 22, 2007. Lawyers Involved: J. B. M. Hassan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. A .J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, A...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..Category: Property Law | Date: | Hits: 92
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......wyers Involved: Advocate Kh. Mahbub Uddin Ahmed, Dr. Kamal Hussain, Rafiq-ul Huq, Abdul Malek, Mahmudul Islam, Abdul Wadud Bhuiyan, Md. Rawshan Ali, A. Hasib-Amicus Curie. Abdul Matin Khasru-For the petitioners. Salahuddin Ahmed, Additional Attorney General with Abdur Rouf, Deputy Attorn......ramers of the law as under: 19E. The nature of the order of the courts or tribunals.- In the period of enforcement of the declaration of the state of emergency, it is not permitted to ask for any remedy or to dispute any injunction, except the final verdict, in any higher court or tribunal durin..Category: Criminal Law | Date: | Hits: 101
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......in Ahmad and others.............Respondents (In both cases.) Judgment August 23, 2009. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate and Khondker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advoc......nd other papers on record. 7. It appears that the High Court Division in the judgment and order passed in Criminal Revision No.573 of 2004 observed that the petitioner of that revision had a remedy before the writ jurisdiction and accordingly the respondents moved the High Court Division ..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......he Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. the Province of East Pakistan (1968) 20 DLR (SC) 144 = PLD 1968 SC 185. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For the Petitioners (In all the......ny person on behalf of so-called Bhawal Raj Court of Wards Estate or Bhawal Raj Estate is still aggrieved he can go to a Civil Court of competent jurisdiction for vindication. He does not have any remedy under the State Acquisition and Tenancy Act, 1950. They have already exercised their choice ..Category: Property Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....rivolous or vexation or not even wrongly attracted in the case and asked to be a ground so that great value of the right given under Article 102( 1) is not frittered away or misused on the pretext of alternative remedy. The question of enforcement of fundamental right is not available in the case as......IR 1977 (SC) 1673; Mriganka Prashad Barua Vs. Bangladesh 5 BLC (2000)112; Himayetullay V. Pakistan, PLD 1969 SC 407; Shoib v. Bangladesh 27 DLR 315; Shahbaz v. Crown PLD 1956 FC 46; Alembic Chemical Works Co. v. The Workmen AIR 1961 SC 647. Lawyers Involved: AJ Mohammad Ali, Additional Attorne......t and is guaranteed by Article 44(1), the right of judicial review under Article 102(1) is neither a fundamental right nor a guaranteed one. And the right of judicial review is neither an all weather remedy nor a remedy for all wrongs. It is available only when "no other equally efficacious remedy..Category: Employment/Service Law | Date: | Hits: 118
....eged "the disputes to be from ceaser to ceaser". Further, if there be any dispute against the named arbitrator, the Arbitration Act, 2001 provides for moving the relevant Court for appointment of alternative arbitrator by the Court and as such the reason given by the High Court Division in meeti......Petition No. 01 of 2005)
Judgment
July 19, 2009.
Result:
The petition under Article 104 of the Constitution is rejected. The Contempt Petition No.1 of 2005 is rejected. The appellant is ordered to refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of ...... further submitted that the parties having agreed to the arbitration clause, the High Court Division upon a misinterpretation of the arbitration clause held that arbitration is not an efficacious remedy. The learned Counsel further submitted that the High Court Division failed to notice that the..
Category: Civil Law | Date: | Hits: 212
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......Md. Nazrul Islam and others ........ Petitioners. Vs. Md. Abdur Rouf....... Respondent. Judgment March 9, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Resp......or the petitioners submits that the High Court Division committed error of law in failing to consider that the agreement dated 10.11.2002 being a loan agreement for Tk.3,50,000.00, the appropriate remedy was a suit for recovery of money and so the suit for specific performance was not maintainab..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....of mutiny and in case of murder not being the same and the difference is to the advantage of the appellants in a trial by Court Martial since in the case of punishment for murder there is only one alternative of death penalty to imprisonment for life. He has argued that under Section 31 of the A......ngs are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....ive service’ as defined under Section 8(1) of the Army Act. Accordingly, the accused persons cannot be tried under the Army Act in view of Sub-Section (2) of Section 59 inasmuch as the three alternative conditions enumerated therein have not been satisfied. 503. Furthermore,......he cases where there is a difference of opinion between the judges of the Division Bench. From a long series of cases, it has come to our notice that the Supreme Court of the Sub-continent has categorized the cases into two broad groups. Firstly, where there is difference of opinion in respect o......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....iable to pay its dues with interest, etc. but they failed to pay the same and "since the money is not forthcoming either from the opposite party No.1 or 6, the petitioner Sangstha has no alternative but to file this application for the recovery of its dues for which the opposite p...... Bangladesh Shilpa Rin Sangstha and others.....................Respondents Judgment November 19, 1994. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (AJ Mohammad Ali, Advocate) with him), instructed by M Nawab Ali Advocate-on-Record&md......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..Category: Business or Commercial Law | Date: | Hits: 311
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