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University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....squo;s Order No. II of 1973), Article 52 A discretion once exercised under the given circumstances without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suf......Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor AK Monwaruddin Ahmed………………….Respondent Judgm......1973), Article 52 A discretion once exercised under the given circumstances without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer from any infirmity o..Category: Constitutional Law | Date: | Hits: 201
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......nbsp; Vs. Bangladesh Bank, represented by Governor and others…………….. Respondents Judgment April 3rd......he cases together and by a common judgment and order dated 19-5-94 dismissed all the cases on three preliminary grounds, namely, that the petitioners did not avail of the prevailing administrative remedy (some of them submitted representations to the Bank authorities but without waiting for the ..Category: Administrative Law | Date: | Hits: 159
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......…….. Respondents Judgment January 29th, 1997 Lawyers Involved: Ansarul Huque, Petitioner in person. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondents. ......it which has been mentioned in his First Information Report and if his allegation is correct that his application for amendment of plaint for the same purpose has been rejected, he can always seek remedy in a higher Court. 9. The quashing of criminal proceeding, in our opinion, has ..Category: Criminal Law | Date: | Hits: 93
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
....titioner filed an application under section 151 CPC for setting aside the decree on the ground of fraud. This application was rejected by the trial Court on the ground of non-maintainability, in that alternative remedy by way of an application under Order IX, rules 13 CPC and also by appeal under se......pondent Judgment January 10, 1995. Result: The petition is dismissed. Lawyers Involved: AKM Nurun Nabi Khan, Advocate, Supreme Court, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — the Respondent. Civil Petition for Leave to ......ed an application under section 151 CPC for setting aside the decree on the ground of fraud. This application was rejected by the trial Court on the ground of non-maintainability, in that alternative remedy by way of an application under Order IX, rules 13 CPC and also by appeal under section 7 of t..Category: Civil Law | Date: | Hits: 120
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....inclusion in Grade-XI i.e with effect from 1-7-77. 6. The learned Advocate at the time of hearing of the appeal also pressed for granting leave, as before the two Tribunals below, that their alternative prayer for reversion to their previous post of preventive officers be allowed if for an...... Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners Vs. Collector of Customs, Chittagong and others…………………&hellip......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....rder of a Division Bench of the High Court Division dated 10-5-94 in Writ Petition No. 720 of 1994 rejecting the writ petition in limine on the ground that it was not maintainable, there being an alternative remedy of appeal under section 30 of the Special Powers Act, 1974 which the appellant d......ip;………….. Respondents Judgment April 9th, 1997 Lawyers Involved: MA Wahhab Miah, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant. Mvi. Md. Wahidullah, Advocate-on-Record — For the Respo......ivision Bench of the High Court Division dated 10-5-94 in Writ Petition No. 720 of 1994 rejecting the writ petition in limine on the ground that it was not maintainable, there being an alternative remedy of appeal under section 30 of the Special Powers Act, 1974 which the appellant did not avail..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......ifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Khandaker Golam Najib………………………………………………………….. Appellant Vs. Chairman, Board of Directors, Agrani Bank, Head Office, Dhaka & others …………….. Respondents Judgment November......for redress of his grievances. 10. Mr. Syed Abdur Rahim, upon hearing the learned Counsel for the appellant, now finds it difficult to support the views of the two Tribunals that the appellant’s remedy lies, in executing the decree of the Civil Court because, as Mr. Shafique Ahmed rightly submi..Category: Administrative Law | Date: | Hits: 131
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....tion stating, inter a1ia that the High Court Division in another writ petition stayed the operation of the order by which the Ad-hoc Managing Committee had been constituted and, as such, there was no alternative on the part of the Deputy Commissioner, Dhaka but to allow him to continue in service af......ernment of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petition is dismissed. Lawyers Involved: Zakir Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate. on-Record — For the Petitioner. Syed Bad...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....between them which it would be inequitable to disturb by cancellation of their deed. Accordingly, we do not think that is a desirable solution.” 9. We are not enamored of the next alternative either, namely, conveyance by the subsequent purchaser alone to the plaintiff. It is tr......vs. Harikant Prasad Singh, AIR 1973 SC 655; Abdul Khaleque Sowdagar and another vs. Mohammad FazIuI Huq and another 26 DLR 247. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Not represented—Respondents. Civil Petition for...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
.... was granted. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 393, 49 DLR (AD) (1997) 29 ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Comptroller and Auditor General of Bangladesh ………………………&he......espondent was informed of the order of removal from service and the period to file appeal having expired long before the coming into force of Administrative Tribunal Act, 1980 on 1-4-82 and the remedy under the said Act not being available to the respondent at the time when the order of remo..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ...... 8 Absolute trust and faith in the Almighty Allah necessarily mean the duty to protect His creation and environment. The appellant is aggrieved, because Allah’s creations and environment are in mortal danger of extinction and degradation: Per Mustafa Kamal J delivering The Full Court Judgment. ......s observed that the Parishad was not espousing the cause of a downtrodden and deprived section of the community unable to spend money to establish its fundamental right and enforce its constitutional remedy. The indication was thus broadly given that in case of a violation of any fundamental right o..Category: Constitutional Law | Date: | Hits: 450
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......64(2) of the Waqfs Ordinance is available to an aggrieved person only after his eviction by the Deputy Commissioner concerned has taken place. Section 64 does not give an aggrieved person a remedy before eviction. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul H......r section 64(2) of the Waqfs Ordinance is available to an aggrieved person only after his eviction by the Deputy Commissioner concerned has taken place. Section 64 does not give an aggrieved person a remedy before eviction. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Md. ..Category: Property Law | Date: | Hits: 91
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
....tween husband and wife and pending litigation between them over a number of matters the prayer of the petitioner if allowed will lead to complications and the petitioner failed to suggest any other alternative method of visiting his son. 4. In all fairness a father cannot be denied............ Respondent Judgment December 12, 1996. The Guardians and Wards Act, 1890 (VIII of 1890), Section 12(1) A father cannot be denied access to his minor son while in the custody of the mother. The Petitioner has been permitted to apply to the Family...... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ..Category: Family Law | Date: | Hits: 156
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....997. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The exercise of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remedy is available, discretionary power is not to be exercised…..(3) La......alternative remedy is available, discretionary power is not to be exercised…..(3) Lawyers Involved: SK Afzalur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Shamsul Haque Siddique, Advocate-on-Record-For the Respondents No...... The Code of Civil Procedure, 1908 (V of 1908), Section 115 The exercise of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remedy is available, discretionary power is not to be exercised…..(3) Lawyers Invol..Category: Procedural Law | Date: | Hits: 109
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....f law and for such error the decision of the trial Court has been vitiated. Mr. Hossain submits that the High Court Division has wrongly reversed the finding of the trial Court by giving a second and alternative opinion that the notice was not duly served upon the defendant. Without arriving at a fi......tifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment March 9, 1997. The General Clauses Act,...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....and the children, and take other relevant evidence relating to the present conditions of the children, and to submit a report to this Hon’ble Court by a stipulated date, and further or in the alternative, if the parties so agree, to appoint an agency (such as International Social) an inter...... Abdul Jalil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as lo......ildren of that care and loving which they are entitled to at all times from their mother. Dr. Hossain submits that the High Court Division has an extraordinary jurisdiction, namely, the habeas corpus remedy, to assure immediate protection to the children. In a case like the present, it is effectivel..Category: Family Law | Date: | Hits: 250
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......t well demarcated by boundaries so as to be entitled to retain their possession against their co-sharers till the legal partition by way of permanent injunction and hence the High Court Division was correct in setting aside the order of injunction passed by the Court below. Case Referred to- ......daries and these findings were not reversed by the High Court Division. Therefore the plaintiffs could not be disturbed by the defendants who were co-sharers in respect of the suit jote and had their remedy in a suit for partition. He cited the decision in the case of Moharram Ali Vs. Mohammad Madhu..Category: Property Law | Date: | Hits: 83
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....dant No. 1 from defendant Nos. 2 to 6 and these defendants filed an application under Order VII rule 11 read with Order XIV rule 2 of the Code of Civil Procedure for rejection of the plaint or in the alternative for hearing on law point first which prayer was rejected by the learned Subordinate Judg......t’s inherent jurisdiction under section 151 of the Code…………………………(12) Lawyers Involved: Syed Ishtiaq Ahmed (Dr. Kamal Hossain, Mahmudul islam, and Rokanuddin Mahmud, Senior Advocates with him) instructed by Sharifuddin Chaklader, Advocate-on-Record — For Petitioners. ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....d 5.5.1971 of the Munsif, Second Court, Patiya in Title Suit No.85 of 1959. 2. The appellants as the plaintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of possession if found to be out of possession stating, inter alia, that th...... Judgment July 23, 2002. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 100 (repealed) Section 100 of the Code of Civil Procedure does not authorise the High Court Division to disturb finding of fact of the Court of appeal below, the final Cou......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......bdus Quddus.............Appellant. Vs. Administration of Waqf & others.............Respondents. Judgment 16th August 2004 Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Record- For the Appellant Abdus Sob.......07.1999 gave rise to a fresh cause of action and the order being an order passed by a person performing functions in connection with the affairs of the Republic, the aggrieved person could seek remedy as against the said order under Article 102 of the Constitution. As such there was no necessi..Category: Property Law | Date: | Hits: 57
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