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JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....directed to admit and dispose of the appeal expeditiously. With this observations and direction, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 77. ...... of Revenue in Writ petition No.2876 of 2010; Orascom Telecom BanglaÂdesh Limited Vs. National Board of Revenue, Dhaka and others, 63 DLR 442. Lawyers Involved: Nahid Mahtab, Advocate - For the Petitioner. None appears - For the Respondents. Writ Petition No.9742 of 2011. ......3 DLR 442 it has been held that the person who succeeds in the appeal is also entitled to get back the entire amount which is the subject matter of the appeal which includes 10% of the deposit. The remedy is absolutely efficacious and effective. The petitioner should prefer an appeal under secti..Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14
Government of Bangladesh and others Vs. Saleha Akter, 2011, 40 CLC (AD)
....he learned Judges concluded on the findings- "Since the respondent No.4 in the instant case has conceded the fact of execution of the application for appointment as genuine one, we have no other alternative but to hold that the aforesaid application is valid one. The authority found her as suit......................................................Respondent Judgment December 8, 2011 Result: The leave petition is dismissed. Lawyers Involved: Rajik Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Md. Fazlur Rah......ed Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 328. ..Category: Employment/Service Law | Date: 8 Dec, 2011 | Hits: 204
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....e surrendered before the Tribunal below on 14-1-2008. That being so, he could not avail, himself of the forum of appeal as postulated by secÂtion 30 of the Special Powers Act, 1974. Finding no other alternative, the petitioner approached the High Court Division with the instant application for quas......46 DLR (AD) 67;Alamgir Hossain Vs. State, 49 DLR 630; Md. Khoka Molla Vs. State, 22 BLD (AD) 229 = 8 BLC (AD) 176. Lawyers Involved: Md. Khurshid Alam Khan with Md. Masud-ul-Haque, Advocates - For the Petitioner. Manjur Kader, Assistant Attorney-General - For the Opposite-party. ......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....ion as well as in the concise statement filed by the appellant, no such point has also been taken. 19. In similar way, the maintainability of the writ petition on the ground of availability of the alternative efficacious remedy before the Administrative Tribunal was also neither taken in the affi...... Vs. Amzad Hossain and others...........................Respondents Judgment November 24, 2011. Result: The appeal is disposed of. Lawyers Involved: Murad Reza, Additional Attorney-General instructed by Md. Firoz Shah, Advocate-on-Record-For the Appellants. Israfil Hossai......ncise statement filed by the appellant, no such point has also been taken. 19. In similar way, the maintainability of the writ petition on the ground of availability of the alternative efficacious remedy before the Administrative Tribunal was also neither taken in the affidavit-in-opposition nor ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....ration of which alone the Court exists. “10. The inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by section 561A is neither an alternative jurisdiction nor an additional jurisdiction but it is a jurisdiction preserved in the in......al Revisional Jurisdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission.............rocess of the Court and to do the real and substantial Justice for the administration of which alone the Court exists. “10. The inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by section 561A is neither an alternative jurisdict..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....applied to the BTRC for allocaÂtion of licence for frequency in the UHF Band but it deliberately avoided to accord the licence as required. In such a situation, the appellants, findÂing no other alternative, filed Writ Petition No.7999 of 2002 before the High Court Division praying for a direc.............Appellant Vs. Government of Bangladesh & others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it ......) 35 this Division held that when it is found that a gross injustice has been done to the appellant for no fault or laches of his own and a valuable right accrued to him is being lost and no other remedy is available to him for redress of his grievance, this Division found it to be a fit case to..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
.... date of knowledge of the ex-parte order will be relevant when the summonses of the pre-emption miscellaneous case were duly served upon the pre-emptee-petitioners and the Court will have no other alternative but to set aside the ex-parte order if it is found that the summonses of the case were......ervice of summons In case of allegation of non-service of summons upon the defendant/opposite party, as the case may be, the onus is upon the plaintiff/petitioner that the summons of the suit or the case was served upon the defendant/opposite party. In such cases, the second clause of Order......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....171 of 2007, the High Court Division observed that the filing of several cases even after submission of final reports by the police is not a ground for quashing a proceeding and that in presence of alternative remedy, the writ petitions are not maintainable. In Writ Petition No.10164 of 2007 the ...... appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware House Ltd Vs. Assistant Collector, 11 BLD (AD) 227; Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Iqbal Hasan Mah...... the High Court Division observed that the filing of several cases even after submission of final reports by the police is not a ground for quashing a proceeding and that in presence of alternative remedy, the writ petitions are not maintainable. In Writ Petition No.10164 of 2007 the High Court ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....: The plaintiffs filed Title Suit No.78 of 1989 in the Court of Assistant Judge, Magura against the defendants for declaration of title and recovery of possession of the suit land or in the alternative for partition. Alter contested hearing, the suit was decreed in terms of the judgme......dhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia Vs. State (1998) 3 BLC 423; Momtazuddin and another Vs. Yakub Ali, (1994) 46 DLR (AD) 13. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. M. A. Jabbar, Advocate, instructed by M. G. Bhuiyan, Advocate-on......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......dgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......ision has the power to condone the delay in holding AGMs, which have fallen due. Moreover, High Court Division has to condone the delay in holding AGMs as a matter of course as ex debito justitiae (a remedy which the applicant gets as of right) and no reason for condoning the same needs to be assign..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....€œmay consider the change of the western alignment of the proposed road after the C.S. plot No.433 towards the western part of the land which is the land owned by Military Estate Department or in the alternative to acquire the petitioners land in order to facilitate the construction of the said road......of Gujarat and another, 1995 Supp (1) SCC 596; M.I Builders PVt. Ltd. Vs. Radhey Shyan Sahu, AIR 1999 S.C. 2468; Heydon case, (1584) 3 Co Rep 7a: 76 ER 637. Lawyers Involved: A.F. Hassan Ariff, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Appellants (In Civil Appea...... the buildings constructed in deviation of approved plan and law provides an appeal under section 15 of the Building Construction Act, 1952 but the writ petitioners without resorting to the statutory remedy have challenged the actions of the appellants. 8. Mr. Mahmudul Islam, on the other hand, sup..Category: Property Law | Date: 15 May, 2011 | Hits: 100
....ffidavit-in-opposition. Let it, we hope, be the once for all warning to the other District Magistrates, the magistrates and the Police Officers.”
115. In view of the above, I find no other alternative but to give my own views as to the power of the High Court Division to issue suo motu Ru...... and others…………………..Respondents (In both the appeals)
Judgment
May 12, 2011.
Result:
Both the appeals are allowed in part with the orders.
Cases Referred to-
Government of Bangladesh and another Vs. Sheikh Hasina and anot......quo;
Any person, if he is aggrieved, has a constitutional right of redress under Article 102 of the Constitution.
11. The High Court Division, if satisfied that no other equally efficacious remedy is available or provided for by law, may under Article 102, make an Order in the nature of th..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ...... Result: The appeal is allowed. share "Share" means a share in the capital of the company, and includes stock except when a distinction between stock and shares is expressed or implied. So, share is a movable property of the company having market value. By the amended praye......sufficient and by way of amendment that has been cured by paying ad valorem court fees…….. (20) Consequential Relief Consequently relief means a substantial and immediate remedy in accordance with the title which the Court has been asked for declaration….. (21) ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....ree months. The owners defendant No. 3, asked the BBC charterer the defendant No.2, to re-deliver the vessel. As the defendant No. 2 i.e. the charterer is about to go bankruptcy, the plaintiff has no alternative but to institute the instant suit in Bangladesh to recovery their legitimate dues. ...... Ed. This Case is also Reported in: ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....t suggestion that she had not been raped by the accused. She strongly denied that suggestion that she had been conceived by the 'Debor' of her sister and in order to harass the accused and finding on alternative, to take shelter, she falsely implicated the accused in the alleged occurrence. She furt......dent Judgment March 21, 2011. Result: The appeal is allowed. Case Referred to- Suhel Rana Vs. State, 57 DLR 591. Lawyers Involved: Harunur Rashid, Advocate - For the Appellant. Hazi Ebadot Hossain, Assistant Attorney-General - For the State. Crimina......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
....ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
...... 66 DLR (AD) (2014) 86.
......hat the High Court Division erred in law in passing the impugned judgment and order on the issue of the existence Arbitration Clause and that these suits are maintainable without exhausting the remedy available in the Arbitration Clause and that there being no illegality committed by the Court..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....ntiffs wherein the defendant Nos. 2-4 were falsely implicated. The plaintiff No. 2 with the help of police raided the said land and also arrested the employees of the defendant No.2. Finding no other alternative the defendant No.2 filed Writ Petition No.242 of 2002 and got an order of injunction aga......ourt
High Court Division
(Civil)
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners
Vs.
Haji Momena Khatun and othe......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
.... the High Court Division erred in law in interfering with the order of the Adalat in exercise of its writ jurisdiction in failing to consider that the said order is appealable and that since there is alternative remedy, the writ petition is not maintainable. 4. The appellant simply stated in its ......rs Ltd. and Others………………Respondent Judgment February 15, 2011. Case Referred To- Sarder Jan-e Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178. Lawyers Involved: Haron-or-Rashid, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Appellant. A......urt Division erred in law in interfering with the order of the Adalat in exercise of its writ jurisdiction in failing to consider that the said order is appealable and that since there is alternative remedy, the writ petition is not maintainable. 4. The appellant simply stated in its petition mad..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....future life.
2. Education/training of domestic workers aged between 13 and 18 must be ensured by the employers either by allowing them to attend educational or vocational training institutes or by alternative domestic arrangements suitable to the concerned worker.
3. We urge the government to ......Dhaka and others .........Respondents
Judgment
February 15, 2011.
Result:
The Rule is made absolute.
Case Referred to-
Ain O Salish Kendra (ASK), represented by its Executive Director and another Vs. Bangladesh, represented by the Secretary, Ministry of Labour and Manpower, Bangla......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......esh and others ……………….........Respondents Judgment January 27, 2011. Result The Rule is discharged. Lawyers Involved: Shaikh Atiar Rahman, Advocate-For the Petitioners. Md. Mozibur Rahman Miah, Advocate-For the Respondent. Writ Petition No......ction 33(7) of the Artha Rin Adalat Ain, 2003 in due course of an execution proceedings, and that the writ petitioner resorted under a wrong forum by filing the present writ petition, however, he has remedy in a competent civil Court. 6. We have examined the writ petition, supplementary affidav..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
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