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Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ......dris Ali and another.........Respondents Judgment October 23, 2005. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by A.SM. Khalequzzaman, Advocate-on-record- For the Petitioner. Not represented- the Respondents. Criminal Petition for leave ......essions asserted since she could not file-appeal as per provision of section 417(2) of the Cr.P.C within the time prescribed by section 417(3) of the Cr.P.C and consequently she having had no other remedy filed the application under section 561A of the Cr.P.C. 3. The High Court Division d..Category: Criminal Law | Date: | Hits: 36
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ...... Judgment December 10, 2007. Case Referred To- Md. Sanu Miah Vs. the Government of Bangladesh and others, 1 MLR (AD) 354. Lawyers Involved: M.A. Samad, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner None...... by any Court of law. If the plaintiff has suffered anything due to the activities of the Government in leasing out the suit fishery afresh to 3rd party by putting it into auction. The plaintiff's remedy lies elsewhere but not by way of injunction. 10. In view of the above, we find no sub..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
....riminated in the matter of fixation of pay scale and granting of selection grade and their fundamental right of the equal treatment as enshrined in the Constitution being violated they had no other alternative but to move the High Court Division in its writ jurisdiction as they could not ventilat......ner Vs. Md. Abdur Rashid and others ....................................Respondents Judgment: February 2, 2006 Lawyers Involved: A. Azim Khair, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record- For the Petitioners. C......however, appearing on behalf of the writ respondents contended that the petitioners being Government servants their petition under Article 102 of the Constitution was not maintainable having their remedy, if any, in the Administrative Tribunal. 6. The High Court Division after hearing th..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector & others..............................Respondents (in all the cases) Judgment ......ard but there is no provision in the Ordinance enabling such a person to file review Miscellaneous Petition under Order 47 Rules 1 & 2 read with section 151 of the Code of Civil Procedure for remedy. Section 34 of the Ordinance provides for the filing of appeal against an award made by the ..Category: Property Law | Date: | Hits: 27
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......p;…………Appellant Vs. Bangladesh and others................Respondent Judgment March 01, 1978. Lawyers Involved: Ahmed Sobhan, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record-For the Appellant. Md. Abdul Aziz, ...... the nomination paper was a defect of a substantial nature, it may be said that the appellate has nowhere showed that he prayed to the Returning Officer for giving him the opportunity to remedy the defect as occurred in his nomination paper. It is, no doubt, the duty of the Returning O..Category: Election Law | Date: | Hits: 114
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......eme Court Appellate Division (Civil) Present Syed A.B.M. Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Mariam and ors……………..Appellants Vs. Bangladesh……......gly the said officer submitted a report. In spite of all efforts and endeavour made by the appellants no action was taken by the respondent to remove the bund nor did they take any other action to remedy the grievance of the appellants. As a result the appellants could not make the fishing opera..Category: Civil Law | Date: | Hits: 89
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....connected with the earlier provision in that section relating to the reference to conciliation under the Ordinance. The ouster of a civil Court’s Jurisdiction is linked up with the setting up of an alternative machinery for the conciliation of the dispute. The provision for conciliation having fai......etitioner Vs. Abdus Salam Sowdagar and another….. Respondents Judgment December 7, 1976. Lawyers Involved: B. B. Roy Chowdhury, Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Petitioner. Ex-parte — For the Respondent. Civil Petition for Special Leave to......r constitution of Conciliation Court; section 6, prescribing the conditions for the exercise of jurisdiction by Conciliation Court, and section 10, lying down that a party to the dispute may seek his remedy in the ordinary court on failure of the conciliation and a certificate being issued on such f..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....pe from the finding that the said order was passed on the basis of a false affidavit and a false certificate of death. In view of the facts and circumstances of the case, even if there were an alternative remedy, it would not bar the exercise of power under section 151 of the Code by the Cou...... v. Khushalibai, AIR 1937 Sind 101; Ganesh Chandra Basu v. Bashu Leskar (1958) DLR 79= PLD 1958 Dac, 295. Lawyers Involved: Moinul Huq, Advocate instructed by S.M. Huq, Advocate-on-Record-For the Appellant. T. Ali, Senior Advocate, instructed by AJ Khan Chowdhury, Advocate-on......finding that the said order was passed on the basis of a false affidavit and a false certificate of death. In view of the facts and circumstances of the case, even if there were an alternative remedy, it would not bar the exercise of power under section 151 of the Code by the Court. Section..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ...... 53, 1963(2) SCA 1 at p. 21; PLD 1957 SC 9 at p. 41; (1969) 1 AI ER 208 at p. 223; 53 CWN 718, 725; PLD 1959 SC 387 at 414; PLD 1960 SC 237. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instructed by Abu Backker, Advocate on Record—For&......e purview of the Abandoned Property Order. 21. Advisability of the law-making authority to take recourse to such a drastic legislation in depriving the citizen of his legitimate legal remedy under an existing law is distinct from its power or competence to do so. Both the learned Co..Category: Constitutional Law | Date: | Hits: 307
BanglaÂdesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......I Gazetted Officers (Customs Excise and VAT) Appointment and Service Terms and Conditions Act, 2000 (XX of 2000), section 8 Provision invoking Article 136 of the Constitution has been made for creation, amalgamation and unification if any such posts but has only provided certain provision......ike 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: Constitutional Law | Date: | Hits: 133
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......on (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir......ting bail. 39. One of the Rules of interpretation is called mischief Rule which provides that "the office of the Judge is, to make such construction as will suppress the mischief, and advance the remedy, and to supÂpress all evasions for the continuance of the mischief. To carry out effectually..Category: Anti-Corruption Laws | Date: | Hits: 219
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahim, S.H. Chowdhury, A.K. Chowdhury, A.H. Chowdhury, K.H.Chowdhury, Md. Alamgir, Mohammad Nibras, M/s. Golbal Traders, H. Hussain, M/s. Kamal Imports & Exports Ltd, Meghan Dairy & Food Products Ltd, Md. Imran Ahmed, M/s. Mimu Enterprise......stitutional jurisdiction by the High Court. The above controversy requires thorough factual probe into the matter on the basis of materials to be brought on record by the parties. The remedy, if any of the respondents is to make representations through their association to app..Category: Fiscal/Taxation Law | Date: | Hits: 107
Arif A. Shekha and others Vs. Secretary, Ministry of IndusÂtries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Government of Bangladesh vs. Messrs ATJ Industries Limited and others, 28 DLR (AD) 120. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate (Dr. M Zahir, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record ......reof, the finding of the High Court Division that the shares of the respondents in the company do not have an abandoned character and could not be vested in the Government is not legally tenable, the remedy under Article 102 of the Constitution being barred. 25. The company Messrs Eastern Tubes L..Category: Business or Commercial Law | Date: | Hits: 114
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ondent and the sudden withdrawal of the same without assigning any reason being an unfair and mala fide act upon the respondent No.1, the writ petition cannot be rejected merely on the ground that an alternative remedy is available to him in damages. 27. In 39 DLR (AD) 85 relied by the High Cour......s Case is also Reported in: 59 DLR (AD) (2007) 185. ......ontract; the High Court DiviÂsion fell in error in not considering that the writ petition is not maintainable, inasmuch as even if there is a concluded contract for alleged breach of the same proper remedy lay in a suit and not in a writ petition; the High Court Division also fell in error in hold..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....l being installed in various places without following the above guide-lines in spite of full awareness of the severity of arsenic contaminated water; respondents Nos.1 and 4 have failed to provide alternative water resource and further, the installation of new tubewells are continuing without te......neet Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-par......o environmental pollution (Section 4(3) Act); - for receiving information on application by persons affected from the pollution or degradation of the environment for remedying the damage and adopting any measures including holding public hearings for setting an ap..Category: Environmental Law | Date: | Hits: 255
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
.... but the legal effect of the above-quoted words in section 339C and the provisions of section 249 remains the same, namely, that the same proceeding can be revived by a legislative mandate or, in the alternative, a fresh proÂceeding can be instituted on the same allegations. It appears to us that s...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Niamat Ali Sheikh and others.....…………………………..………….....Appellants Vs. Begum Enayetur Noor and others.....................................Respondents Judgment June 19, 1990. The ......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J AA Raziul Karim Chowdhury...............Appellant Vs Nasim Bin Rahman & ors... ................Respondents Judgment January 21, 2007 Cases Referred To-......lance of the consideration amount by August 28, 1993 but they did not do the same, that in case of reluctance on the part of the plaintiff to execute and register the kabala the defendants had the remedy as per terms 'gha' of the soleh decree, but in spite of that defendants did not take any ste..Category: Property Law | Date: | Hits: 94
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ...... Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate with Mahmudul Islam, Advocate, instructed by S.S Huda, Advocate-on-Record.—For th...... mean that the Tribunal is required to stay the proceeding to enable the party to move the Government for such transfer. The decision of the Tribunal has been made final and there is no other remedy in the enactment wherein the party can seek remedy against the order..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......p;..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Referred to: Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commissioner of Taxation Vs. Trustees of St. Mark's Glebe, 1902 A......fferent facts and has no application in the facts and circumstances of the present case. There is no denying of the fact that the provision of the statute must be read so as to give a sense and to remedy the mischief or fill up the gap in the scheme of things which already existed. It is impossi..Category: Fiscal/Taxation Law | Date: | Hits: 90
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Anath Bandhu Guha & Sons Ltd. through its AtÂtorney Md. Sirajul Huq........…………Appellant Vs. Babu Sudhangshu Shekhar Halder.……â€......laint was not signed by a duly authorized person………(11 & 15) If a plaint is not properly signed or verified or presented the Court has always got the discretion to allow the plaintiff to remedy the defect at a later stage, on the view that the defects are of technical nature relating to..Category: Property Law | Date: | Hits: 118
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