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Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
.... University order1973 having provided for an appeal to the chancellor the finding of the learned Judges of the High Court Division that the election petition being purely on law points the alternative remedy under Article 52 is not a bar to invoke writ jurisdiction for is interpret...... (Civil) Present: Mohmudul Amin Choudhury CJ Mahammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Dhaka University represented by Professor A. K. Azad Chowdhury, Vice Chancellor Dhaka University and others.....................Appell......res of outside Dhaka. Their further case is the in view of Article 52 of the Dhaka University Order, 1973 the writ petition is not maintainable as this Article provides for efficacious alternative remedy which has not been availed of by the writ petitioners. 4. The High Court Division on..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......Mad 567; Sukhendra Chandra Das, 42 DLR 79, Bashu Dev Chatterjee V. Umme Salma and others, 51 DLR (AD) 238. Lawyers Involved: Probir Haider, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the appellant (Appeared with leave of the Court). Abdul Awal, Deputy Attorney General, i......tion 491 of the Code of Criminal Procedure is quite independent and empowers the Court to issue the rule in the nature of Habeas Corpus in an appropriate caser for efficacious, speedy and appropriate remedy irrespective of tendency of a case in a Court. He next submits that detention of a minor vict..Category: Criminal Law | Date: | Hits: 34
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ...... Judgment July 28, 2008. Case Referred To- Prof. Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakkhya and others. Lawyers Involved: Khondker Mahbubuddin Ahmed Senior Advocate, instructed, by S.R. Khoshnabish, Advocate-on-Record-For the appellant. A.K.M. ...... an appeal therein. In the instant case the appellant has not availed the said provision of appeal instead filed the suit which is not maintainable as the special provision provides a special remedy for the purpose and the person being the satisfied with any order of RAJUK could pre&sh..Category: Property Law | Date: | Hits: 40
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ....................Respondents Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of......ay of March, 1917, by or on behalf of an evacuee, or by or on behalf of a person who has become an evacuee after the date of such creation or transfer, shall be effective so as to confer any right or remedy on any party thereto or on any person claiming under any such party, unless it is confirmed b..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ...... 30, 2008. Cases Referred To- Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19; Sk. Abdus Sabur Vs. Returning officer; 41 DLR (AD) 30. Lawyers Involved: Mahmudul Islam, Senior Advocate, Roub Chowdhury, Senior Advocate, Probir Neogi, Advocate & Asaduzzaman, Advocate wi......tioners being government servants were not competent to file the aforesaid writ petition and as such the writ petition was not maintainable being hit by Article 117 of the Constitution as the remedy sought for lay before the Administrative Tribunal. It is further contended that the wri..Category: Employment/Service Law | Date: | Hits: 122
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Safiuddin Ahmed ...........................Petitioner Vs. The Administrator of Waqf and others.........Respondents Judgment December 11, 2007. Cases Re......r Section 32 (2) of the Waqf Ordinance, 1962 with inflexible precondition does not stand as bar to an application under Article 102 of the Constitution of the Peoples Republic of Bangladesh; as the remedy thereunder is interpreted as not efficacious; that Section 21 of the Waqf Ordinance, 1962 p..Category: Trust/Waqf Law | Date: | Hits: 173
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....nd but in October, 2005, the respondents Nos.1 and 2, disregarding the order of status quo, tried to get possession of the suit land through Title Execution Case No. 5 of 1993 and finding no other alternative they on 20.10.2005, filed an application in Title Execution Case No.5 of 1993 praying f...... Vs. Md. Rafiq alias Abdur Rafiq Khan and others….Respondents (In both Cases) Judgment June 2, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner (In both cases). Abul Kalam Mainuddin, Advocate, instructed by Mrs. S......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) 153. ..Category: Property Law | Date: | Hits: 18
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....llowing the pre-emption. 2. The facts, in short, are that the respondent Nos.1-4 as pre-emptors filed an application under Section 96 of the State Acquisition and Tenancy Act and in the alternative under Section 24 of the Non-agricultural Tenancy Act against the petitioner and op......others……............Respondents Judgment December 5, 2007. Lawyers Involved: Harendra Nath Nandy, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-3. ......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....e plaintiff petitioner to deposit the balance cost of Tk.1,500/- before 4.30 P.M. on 15.07.1997. The plaintiff petitioner having failed to deposit the same in such a short span of time had no other alternative but to apply once more for time to deposit the rest of the C.P. cost but the clerk of t......ana Nirbahi Officer, Sreepur, P.O. Sreepur, Gazipur and others............... Respondents Judgment January 10, 2008. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record- For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For Respondent No. 3. ......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ..Category: Civil Law | Date: | Hits: 85
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......…..Petitioner Vs. The United Commercial Bank Limited and others….Respondents Judgment April 21, 2008. Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Mahmudul ......tition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that after a final decree was passed against the petitioners they had specific remedy under the law but instead they filed a petition under Sections 151/152 of the Code of Civil..Category: Property Law | Date: | Hits: 37
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....t No.1 as writ petitioner was that while serving in Bangladesh Army he applied for allotment of a plot in Johar-sahara residential project on 10.12.1991. Thereafter, at his request he was allotted an alternative Plot No. 281/C at Mohakhali D.O.H.S on 23.05.1993. Vacant possession was delivÂered and......lso Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ...... Cases Referred To- Abdul Quddus vs. the State in 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Suppleme......he name of inherent power conferred under section 561A of the Code of Criminal Procedure. The High Court Division can exercise this power to do justice in a matter in criminal justice system where no remedy is provided by law. The Appellate Division however exercises its plenary power under article ..Category: Criminal Law | Date: | Hits: 62
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
....t No.1 as plaintiff filed Other Class Suit No. 180 of 1996 in the court of the learned Senior Assistant Judge, Sadar, Mymensingh for correction of two registered deed dated 5.6.1986 or in the alternative for declaration of title in the suit land alleging, inter alia, that the suit land...... This Case is also Reported in: V ADC (2008) 952. ...... 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: V ADC (2008) 952. ..Category: Property Law | Date: | Hits: 24
Anti-Corruption CommiÂssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....Advocate for the accused appellant took it back and filed the aforesaid writ petition. The learned Judges of the High Court Division having summarily rejected the writ petition held that there was an alternative remedy of appeal under section 30 of the Special Powers Act and the writ petitioner not ......upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption CommiÂssion and others……………Appellants Vs. Mahmud Hossain and others…â€...... the accused appellant took it back and filed the aforesaid writ petition. The learned Judges of the High Court Division having summarily rejected the writ petition held that there was an alternative remedy of appeal under section 30 of the Special Powers Act and the writ petitioner not having avail..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)
....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......s. Md. Ijab Uddin and others........Respondents Judgment May 22, 2008. Lawyers Involved: Shah Miron Alam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave ......ating that the decree obtained after a long fight of 41 years in Other Class Suit No. 105 of 1998 is not liable to be stayed when the plaintiffs of the Other Class Suit No.15 of 2004 will have the remedy under section 144 of the code of Civil Procedure for getting back their property if it is so..Category: Property Law | Date: | Hits: 22
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......vernment of Bangladesh and others 44 DLR (AD) 111; Bangladesh, represented by the Secretary, Ministry of Establishment vs. Shafiuddin Ahmed and 2 others 50 DLR (AD) 27; Serajul Islam vs. The Director General of Food 42 DLR (AD) 199; SP Sampath Kumar vs. Union of India AIR 1937 SC 386; JB Chopra ......trike down any law or rule on the ground of its constitutionality. A person in the service of the Republic who intends to invoke fundamental right for challenging the vires of a law will seek his remedy under Article 102(1), but in all other cases he will be required to seek remedy under Artic..Category: Employment/Service Law | Date: | Hits: 104
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......, 2005. Case Referred to- Gazi M Towfic Vs. Agrani Bank and others, 54 DLR (AD) 6. Lawyers Involved: Najibur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented – the Respondents. Civil Petition for L......petitioner in the reported case. 8. The High Court Division rejected the writ petition on the finding that Artha Rin Adalat is a special law and that has made special provision for seeking remedy against the decree passed by the said Adalat and as such an application under Article 102(2)..Category: Civil Law | Date: | Hits: 73
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....ngineer) department of the 2nd party to negotiate and arrange payment of compensation to them. But the General Manager utterly failed to negotiate the matter. The 1st party contended t there was no alternative than to refer the matter to arbitration. Accordingly the 1st party under Clause 28 of .........Respondents Judgment March 27, 2008. Case Referred to- Coal Controller Vs. Ventura Industries, 45 DLR (AD) 184. Lawyers Involved: Fida M. Kamal, Senior Advocate instructed by Abu Sams Khalequzzaman, Advocate-on-Record-For the Petitioner Rafi......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..Category: Business or Commercial Law | Date: | Hits: 129
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
....y an Officer (respondent No.2) of the Bureau of Anti-Corruption, Dhaka containing allegation of mis-appropriation of crores of government funds resorting to illegal activities by way of setting up an alternative T&T and by the said notice petitioner was asked to appear with the papers mentioned ......t Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ziaur Rahman…………………………..Petitioner Vs. DG, Bureau of Anti-Corruption & another…………….Respondents Judgment August 8, 2004. Case Referred T...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ......sh Ranjan Das vs Chairman, 2nd Labour Court, Dhaka and others, 29 DLR (SC) 280 ref; 29 DLR (SC) 280 Lawyers Involved: MA Mannan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. ASM Khalequzzaman, Advocate-on-Record—For Respondent No.......sing him from his service. The respondent No.2 being aggrieved filed a grievance petition in due time and thereafter, he filed an application before the 1st Labour Court, Chittagong for appropriate remedy. 4. The respondent No. 1, the Labour Court, Chittagong, considered the materials on r..Category: Labour and Industrial Law | Date: | Hits: 117
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