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Special Reference No.1 of 2009, 38 CLC (AD)
....n of law as contemplated under Article 106 of the Constitution but he merely sought a legal opinion and as such the questions asked deserve no answer by this court. Mr. Huq nonetheless submits in the alternative that careful examination of the relevant provisions of the Army Act, 1952 and the fact f......s. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wal......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....the plaintiff did not take rent when the defendants tendered the rent for the month of July, 1995 and the defendant thereafter did not pay rent and became defaulter. The plaintiff finding no other alternative served a notice upon the defendant under Section 106 of the Transfer of Property Act te...... Vs. Abdul Latif being dead his heirs: Rajia Begum and others.....Respondents Judgment April 12, 2009. Lawyers Involved: A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners. Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advoca......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..Category: Property Law | Date: | Hits: 57
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....s the legitimate expectation of the writ-petitioners that as their land would no longer be required by the requiring body they would be allowed to remain in possession of their land or in the alternative they would be provided with alternative plot or that the would get compensation in resp......il Appeal No. 120 of 2004) Md. Rashidul Hasan...............Respondent (In Civil Appeal No.121 of 2004) Judgment August 11, 2008. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Walilul Islam, Advocate-on-Record-For the Appellants (In all the cases) ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....nviction under Section 302/34 of the Penal Code is not sustainable in law and as such, the impugned judgment and order needs to be reviewed for the interest of justice. 4. Review is not and alternative to an appeal. In order to invoke the provision of review, cogent sufficient cause has t......;……………………............Respondent Judgment December 4, 2008. Lawyers Involved: Syed Mahabubur Rahman, Advocate-on-Record-For the Petitioners. None represented- For Respondents. Criminal Review Petition ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ..Category: Criminal Law | Date: | Hits: 47
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....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: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......o.1088 of 2007) 3. Md.Enamul Hoque Mollah........Petitioner (In Civil Petition No.1089 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 20......a series of cases has taken a consistent view that a person in the service of the Republic who intends to challenge the vires of a law on the ground of violation of fundamental right may seek his remedy under Article102 of the Constitution but in all other cases he will seek remedy under Article..Category: Criminal Law | Date: | Hits: 78
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....he date of determining right of duty on the imports, the High Court Division further considered the question of maintainability of the writ petitions and arrived at a finding that by not availing the alternative remedy provided under section 193 of the Customs Act, there is no bar under the facts an...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Commissioner of Customs, Customs House, Benapole, Jessore...........Petitioner Vs. Cab Express (BD) Limited and others…...............................etermining right of duty on the imports, the High Court Division further considered the question of maintainability of the writ petitions and arrived at a finding that by not availing the alternative remedy provided under section 193 of the Customs Act, there is no bar under the facts and circumstan..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
....to the post of Assistant Professor. But the Education Ministry without accepting the recommendation of the Governing Body most illegally refused to give promotion to the teachers. Finding no other alternative and efficacious remedy the petitioner moved the High Court Division and obtained rule. ......ry of Education, Secretariat Building, Ramna, Dhaka and others......Respondents (In both cases) Judgment October 26, 2008. Lawyers Involved: Syed Mahbubar Advocate-on-Record-For the Petitioner (In both the cases). Md. Taufique Hossain, Advocate-on-Record-For the......fessor. But the Education Ministry without accepting the recommendation of the Governing Body most illegally refused to give promotion to the teachers. Finding no other alternative and efficacious remedy the petitioner moved the High Court Division and obtained rule. 4. In Civil Petition..Category: Employment/Service Law | Date: | Hits: 57
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ......Feroz Alam……………………….........Respondent Judgment October 15, 2008. Lawyers Involved: Naima Haider, Deputy Attorney General, instructed by Zainul Abedin, Advocate-on- Record-For the Petitioners Mahbubey......t in the impugned order No.70, the provision of preferring appeals has been mentioned but the writ petitioner-respondent did not avail of the forum of appeal and did not exhaust the statutory remedy before the customs authority, the High Court Division thus committed error of law in making ..Category: Business or Commercial Law | Date: | Hits: 163
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ............Appellants Vs. Pirpur Fishermen's Co-operative Society Limited........Respondent Judgment August18, 2008. Lawyers Involved: Nahida Yeasmin, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants. Mah...... No.1 was not required to pursue the remedy provided the PDR Act; that no notice under section 7 of the PDR Act having been issued and served on respondent No. 1, the question of pursuing the remedy under the PDR Act does not arise. The learned Counsel finally submitted that in the peculiar..Category: Civil Law | Date: | Hits: 101
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......thers...........Appellants Vs. Shafukuddin Ahmed and others...............Respondents Judgment August 28, 1996. Lawyers Involved: Moksudur Rahman, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Khandk......ff or his vendors Bashirullah and Hafizullah were never owners and possessors of more than .31/2 acres of land in plot No. 202. The plaintiff is not entitled to any decree in the present suit. His remedy lies in a suit for partition seeking separate saham of his own portion of plot No. 202. The ..Category: Property Law | Date: | Hits: 33
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....ds to the presumption that the original papers might have been given to the petitioner and he might have lost the same during this long period of one year and six months and further since there is alternative process for running the car in absence of original papers the petitioner could take rec......dhury and another…….....Respondents Judgment July17, 2008. Lawyers Involved: Md. Asaduzzaman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on- Record-For the Petitioner. Mahbube......here 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: VI ADC (2009) 449. ..Category: Criminal Law | Date: | Hits: 47
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....pears that the right of adverse possession can not stand since the defendant claims that he took settlement of the land from his landlord but on his failure to prove his claim he can not raise the alternative plea. 8. The High Court Division held that on misreading of evidences and on con......ellip;….Petitioners Vs. Md. Fazlul Karim and others .....................Respondents Judgment February 4, 2008. Lawyers Involved: Abdul Quayum, Senior Advocate, with J.N. Deb, Advocate, instructed by A.K.M Shahidul Huq, Advo......ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ..Category: Property Law | Date: | Hits: 31
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
.... of the Limitation Act provides for dismissal of a suit if filed beyond the period of limitation. Admittedly the suit having field beyond the prescribed period of limitation there is no other alternative but to dismiss the suit as barred by limitation. The High Court Division on considerati...... Anwar Hossain @ Anu………………….Respondents Judgment September 13, 2007. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-Record-For the petitioner. ......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
.... could not avail it but however he, under the scheme and policy of the Government, had been diligently pursuing the matter for releasing the above property from the malafide requisition and in the alternative to have a plot of land for his rehabilitation as recommended by the respondent No. 3 in...... Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Reform and Land Administ......Sarwarjan Bhuiyan and others vs. Government of Bangladesh and others, 44 DLR (HCD)447, the High Court Division, while considering laches on part of the writ petitioner, observed that extraordinary remedy provided in writ jurisdiction is for the vigilant and not for the indolent ones and relief i..Category: Property Law | Date: | Hits: 50
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......spondent No. 3- Petitioner Vs. Md. Shah Alam and others........Respondents Judgment October 4, 2007. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No.1 ......avour of the present petitioner was found as a genuine one, the High Court Division committed error is not vacating the order of status-quo; that the interim order of this court is a discretionary remedy providing protection to a person who has bonafide established his case but in the ..Category: Property Law | Date: | Hits: 25
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....n that the situation differs from that which was taken for granted at the time of hearing of the appeal or the petitions for leave to appeal the decision in a review petition may be different. But no alternative situations were presented before us at the hearing of the review petitions. On the oth......t Appellate Division (Civil) Present KM Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J M/s. Supermax International Private Ltd...............Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- ......r may hereafter grant, to nationals; all without prejudice to the rights specially provided for by this Convention. Consequently, they shall have the same protection as the latter, and the same legal remedy against any infringement of their rights, provided that the conditions and formalities impose..Category: Intellectual Property Law | Date: | Hits: 233
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
.... writ of mandamus upon the respondent to restore the appellant, as ordered by the Government, to the office of Accountant in the Pay Scale of Rs. 500/- to 700/- with usual allowance or in the alternative to place him as a Branch Manager of Multan Co-operative Bank Limited in the pay scale o......ondents Judgment August 17, 1997. Cases Referred to- Ziaul Huq Vs. East Pakistan Co-operative Society Limited and others, PLD 1969 (Dhaka) 105; Deputy Managing Director and Chairman, National Bank of Pakistan and others Vs. Ataul Haque 17 DLR (SC) 74; Foiz Ahmed vs......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ..Category: Others | Date: | Hits: 224
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ................Respondents (In Civil Appeal No. 80 of 1998) Judgment July 21, 1999. Case Referred to- 43 DLR (AD) 128. Lawyers Involved: M. A. Wahhab Miah, Senior Advocate, instructed by Azra Ali, Advocate-on-Record – Appellant (In both the appeals). ......f order 41 Rule 19 of the Code of Civil Procedure. 6. Mr. M.A Wahhab Miah, learned Advocate on behalf of the appellant submits that the decision of the learned District Judge is final, the remedy available to appellant respondent is in the forum of an application under section 115 of the..Category: Trust/Waqf Law | Date: | Hits: 226
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred...... C.A. No.88 of 1994 of the Appellate Division reported in 16 BLD (AD)253, wherein it has been observed by their Lordship of the Appellate Division that: "We now find that no remedy is available to the appellant, though a gross injustice has been done to him for no fault o..Category: Property Law | Date: | Hits: 34
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ...... Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Chairman, B.R.T.C. ....................Appellant (In all the appeals) Vs. Nooruddin & Ors. ..................Respondents (In Civil Appeal No. 65 of 1997) Abdul Azi......lared the orders .of voluntary retirement of the writ petitioners unlawful. 9. In the facts and circumstanc.es of the case at best there may a case of violation of contract for which proper remedy may be sought in the civil court and not under the extra ordinary writ jurisdiction. ..Category: Employment/Service Law | Date: | Hits: 66
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