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Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ......ellip;……..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provisi......t provide such jurisdiction to the High Court Division to exercise such power under Arbitration Act........ (17) Remedy prescribed by special law shall prevail over general law If any legal remedy is ordinarily available under both general law and special law, the remedy prescribed by the ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......inal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has b......e proposition of law. 35. In the case of Anti-Corruption Commission Vs. Dr. HBM Iqbal Alamgir, reported in 15 BLC (AD) 44 it has been held that; "It is well settled that when a person seeks remedy from a Court of law either in writ jurisdiction or criminal appellate, revisional or miscel..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
.... to release the imported goods of the petitioner within 2 (two) days from assessment, but the office of respondent No.1 failed to act as per provisions of laws and hence the petitioner had no other alternative, but to file the writ petition. 4. Rule was issued in terms of the prayer. 5....... Faridul Alam..................................Respondent Judgment April 11, 2012. Result: The appeal is allowed. Lawyers Involved: SM Moniruzzman, Deputy Attorney-General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....That the District Education Officer, Bagerhat sent letter to the respondent No. 2 on 19-5-2010 with recommendation to include the madrasha in the list of MPO, but there was no reply. Finding no other alternative the petitioners filed the writ petition. 4. In Writ Petition No. 7740 of 2010 the c......llip;…………………………… Respondents Judgment April 10, 2012. Result: All the Petitions are dismissed. Opportunity to educational institutions of being heard complying the demand of natural justice. ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
....quot;to elect Directors' of the 9th AGM and then in the subsequent AGMs which have already been held in the meantime as submitted by Mr. Rokanuddin Mahmud. In the above backdrop, we find no other alternative, but to direct respondent No.1 bank to hold its 9th AGM afresh to transact Agenda No.4 &......ha J
Md. Abdul Wahhab Miah J
Muhammad Imman Ali J
Md. Mazakat Ali Harun and Others……………………….Petitioners
Vs.
Export Import Bank of Bangladesh Limited and Others……….Respondent
Judgment
...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......neous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Shyzuddin and others…………………Petitioners Vs. Md. Babul Gorapi and another…………………Opposite Parties Judgm......etition of complaint, wherein the petitioners have taken the grounds that the allegation of infringement of design is a civil dispute and does not constitute any criminal offence. The complainant has remedy in a suit for perpetual injunction or that for damages, if any. 8. To arrive at a corre..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......ilkusha C/A, Dhaka and other …................Defendant-Respondents
Judgment
March 19, 2012.
Result:
The appeal is allowed.
Following the circumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil dispute a......diction to the Civil Court to try all civil disputes unless they are expressly or impliedly barred. Expressly barred means barred by any enactment passed by legislature and impliedly barred means the remedy is available in the statute itself for the right or obligation it has created and as such sam..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ...... in: 18 BLC (HCD) (2013) 124. ......with their expressed or implied consent and if the co-shares out of possession are dissatisfied with the manner in which the said common land was being used by the said co-sharer in possession, their remedy or separate possession of their share of the common land is to bring a suit for partition. If..Category: Others | Date: 18 Mar, 2012 | Hits: 5
....g was convened by the said committee. Since this particular BSc in Animal Husbandry (Hons) course was included under Unit-A despite suspension order of UGC by the impugned memo, the PSTU had no other alternative but to complete the admission process of the students under Unit-A to save the lives of ......ssion (UGC) and others........Respondents
Judgment
March 14, 2012.
Result:
The rule is made absolute
Lawyers Involved:
Md. Badruddoza, Advocate—For the Petitioners.
Mahbubey Alam with ABM Bayezid—For the Respondents No.1, 4 & 6.
......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......so Reported in: 18 BLC (HCD) (2013) 12. ......tiff was cancelled whimsically, capriciously without giving any notice to the plaintiff. But, law is otherwise, if any allotment be cancelled even illegally then the allottee under the lease deed has remedy in appeal, which is as follows:— আপিল অনুমোদন প্রস..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......ct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......of Aylmerton said that the explanatory note attached to a statutory instrument, although it was not of course part of the instrument, could be used to identify the mischief which it was attempting to remedy.”
46. In the case of D.G. Mahajan Vs. State of Maharashtra, AIR 1977 SC 915, it is held:
..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....use in the revalidated licence agreement of 2004 and even in the original agreement of 1996, the writ petition is not maintainable as the petitioner has come before this court without availing of the alternative remedy as agreed by the parties and provided by the law, namely the Arbitration Act......ginal Jurisdiction)
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgment
......evalidated licence agreement of 2004 and even in the original agreement of 1996, the writ petition is not maintainable as the petitioner has come before this court without availing of the alternative remedy as agreed by the parties and provided by the law, namely the Arbitration Act, 2001. He s..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....to commute the sentence of death to life imprisonment when the High Court Division has exercised its discretion on the question of sentence, in the absence of extenuating circumstances or in the alternative, if it is found that the sentence of death is apparently perverse. The learned counsel h......ip;…............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Divi......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....or of Waqfs can accord sanction for transferring any part of the Waqf property by way of lease exceeding 5(five) years in exercise of its power under section 56 of the Waqfs Ordinance, 1962 or in the alternative, a mutawalli of a waqf estate can transfer by lease in perpetuity any part of the waqf p......s Judgment February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mut......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
..... The learned Deputy Attorney General further submits that High Court's inherent power is a residuary power and must be very sparingly used only to prevent abuse of the process of court and where alternative remedy is available inherent power 561A should not to be invoked. 16. Heard the lea......…………………………Opposite parties Judgment January 26, 2012 Result: The Rule is discharged. When First Information Report discloses a prima-facie case against the petitioner, no application under section 56......d Deputy Attorney General further submits that High Court's inherent power is a residuary power and must be very sparingly used only to prevent abuse of the process of court and where alternative remedy is available inherent power 561A should not to be invoked. 16. Heard the learned Counsel..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....t file the said application under any provision of CPC. Therefore, their application for setting-aside for sale under inherent power of the said execution court is not maintainable when there is alternative remedy. The appellants could have availed the provision of Order XXI Rule 90 or could ha......Code of Civil Procedure, 1908, Order XXI, rule 9, Order XXXIV, rule 5 Absence of reference of Review Committee in final decree- In the final decree there is no reference of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Revie......he sale is confirmed- It is settle principle of law that after drawing final decree the right of redemption of the mortgagor does survive any more. After final decree the mortgagor has only remedy under Order XXXIV Rule 5 of CPC. But such remedy under order XXXIV Rule 5 of CPC can be avail..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....nment the petitioner immediately preferred arbitration proceeding as per the lease agreement and obtained an Arbitral award with an order to restore the said land in favour of the petitioner or as an alternative to allocate a new land pursuant to the commitment of the Bangladesh Railway. The petitio......nder Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....fficient fund. As a result, the complainant-petitioner issued a notice under section 138(1)(b) of the Negotiable Instruments Act but the accused-petitioner did not respond for which having no other alternative the complainant-opposite-party filed all these CR cases in order to secure the trial of ......eque/ Account Payee cheque as negotiable instrument Cross-cheque/ Account Payee cheque is also cheque as contemplated in section 138(1) of the Negotiable Instruments Act but only changes its normal character by ceasing its negotiability but it does not lose its character as negotiable inst......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....he legal notice dated 8.7.93 stated inter alia as follows: “If you are unable or fail to pay the balance purchase price along with the interest lost by my client, my client would have no other alternative but to regard the sale agreement as cancelled and sell the property to another buyer. ......spahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
....equired by law, simply recommended for discharge on the basis of the statements of the accused persons, recorded under section 161 of the Code of Criminal Procedure where the prosecution had no other alternative but to pass an order for further investigation asking him to unearth facts and to collec......
Present:
Md. Anwarul Hoque J
Md. Mozibur Rahman Miah J
Moulana Motiur Rahman Nizami………………….Accused-petitioner
Vs.
Anti-Corruption Commission and another……………………&hel......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
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