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M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ......¦â€¦â€¦â€¦â€¦.....Respondents Judgment January 26, 2011. The Bank Companies Act, 1991 (Act No. XIV of 1991) Section 44 read with Section 45(C) Mere inaction of a functionary of the state or of a local authority is not open to challenge under writ jurisdiction, unless it comes within the......present writ petition has been filed invoking article 102 (2), which provides scope for a writ of mandamus in the words: “the High Court Division may, if satisfied that no other equally efficacious remedy is provided by law- (a) on the application of any person aggrieved, make an order-(i) directi..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
State Vs. Alam, 2011, 40 CLC (HCD)
.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......Vs. State, 46 DLR 575; Kazi Ibrahim @ Ibrahim Kazi Vs. State, 1991 BLD 423=41 DLR 524; State of Rajasthan Vs. Netrapal, 2007 4 Supreme Court Case, 45. Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Sheikh Rafiqul Islam, Ms Sultana Nasrin, Md. Taslim Uddin, Advocates—For the cond...... Amanat's involveÂment in the crime. 20. The Tribunal's reliance on circumstanÂtial evidence in this context, therefore, reads to this Court as part of a misconceived and misguided exercise to remedy the defects in the prosecution case and born of a misplaced concern for the prosecution case,..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......al is allowed. Cases Referred to- Shamsuddin Ahmed Vs. Mohd Hassan, 31 DLR (AD) 155. Lawyers Involved: Nur Hossain Chawdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. Md. Aftab Hossain, Advocate-on-Record—For the Respondent No......Property Act,1882 which is absolutely unwarranted and against the law and will have the effect of making the landlord a rent receiver and equating the lease of a premises with permanent lease with no remedy available to the landlord against defaulting tenants. 7. Mr. Nur Hossain Chowdhury,..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......…………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- Victor Rodrix and others Vs. The 4th Artha Rin Court, Dhaka and others; Md. Delwar Hossain Vs. Banglades...... respect of the auctioned land had already been executed and registered and the matter reached in finality. Section 57 of the Artha Rin Adalat Ain, 2003 will also not apply because of having specific remedy under the law. However, the writ petitioner had remedy under Order XXI rule 90 of the Code, w..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....dings and obserÂvations we do not find any merit in the leave petiÂtion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......y Ltd............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be ......definition of tort that appeared in the well-known work on Law of Torts by Clerk and Lindsell ran as follows: "A tort may be described as a wrong independent of contract, for which the appropriate remedy is a common law action." Underhill amplifies this definition thus: "A tort is an act..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
.... 30 days under section 17(1) of the Act; in default his Directorship of the Bank Company shall stand vacant under section 17(6) of the said Act. In the said situation the incumbent will have no other alternative but to pay the entire loan amount in order to restore his position under section 17(6) o......eferred to- Md. Yaqub Vs. Bangladesh Bank, 5 MLR (AD) 137; MA Khaleque Vs. Bangladesh Bank, 5 BLC (AD) 85. Lawyers Involved: Rokonuddin Mahmud with Mustafizur Rahman Khan, Advocates - For the Petitioner. Md. Khurshid Alam Khan for Nahid Mahtab, Advocate - For the Respondent No 1.......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... (SC) 181 and Bangladesh Telecom (Pvt.) Ltd. Vs. T & T Board and others, 48 DLR (AD) 20 and submits that when the order itself is without jurisdiction the writ petition is maintainable even where alternative remedy is available under statute. 18. Be that as it may we have heard the learned ......) (2011) 319. ......strative order of the VAT authority and the appeal so accepted would have to be disposed of within 9 months otherwise the same would deem to have been allowed and hence it is absolutely a efficacious remedy and as such filing of this writ petition instead of filing appeal is not maintainable. 1..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....he laws are rarely enforced nor are the welfare measures to protect ‘bidi’ workers. It is suggested in that report that major efforts should be initiated to assist poor ‘bidi’ workers to find alternative means of making a living at higher wages with safer working conditions. Dr. Naim pointed...... ...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....d in 29 DLR(SC) 185, our apex Court held: "Where specific relief is available, inherent power of Courts under Section 151 of the Code cannot be invoked." Therefore, I find no other alternative but to interfere with the impugned order. However, I make it very clear that the decree...... Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......as suppressed and the decree was obtained fraudulently, she is not binding by the decree passed by the appellate Court below is accepted, in that case, the defendant-petitioner shall be without may remedy and the plaintiffs shall be allowed to enjoy the benefit of the decree obtained beyond her k..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
....not be prosecuted as an abettor.
34. The trial of any offence and imposition of penalties may only be done by established Courts and tribunals. To the extent that traditional dispute resolution or alternative dispute resolution takes place, it is also required to be carried out in accordance with......s Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......BLC (HCD) (2013) 301. ......e of Md. Mozammel Vs. Sonali Bank, reported in 15 BLD (AD) 35, wherein our appellate Division held; "If the petitioner's allegation of non-service of summons of the suit is correct, his remedy of a separate suit is not barred provided his remedies under Artha Rin Adalat stood at the ti..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....opy of this judgment be transÂmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ...... of home Affairs, Bangladesh Secretariat, Ramna Dhaka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the pe......principle. 7. In a subsequent judgment of the Appellate Division in Civil Petition for Leave to Appeal No.22 of 2010 it was held as follows:- "It is well settled that when a person seeks remedy form a Court of law, either in writ jurisdiction or Criminal appellate, revisional or miscell..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....l Hossain, MP and with dishonest intention and upon ignoring the recommendation of the PDB and the Secretary of the Ministry, unreasonably mentioned various things to cancel the tender. He made three alternative proposals namely (i) Re-tender on one envelope basis, or (ii) re tender on two envelope ......cused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purview of section 561A...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....;…………………Respondents Judgment March 22, 2010. Result: The Rule is discharged. Maintainability of writ petition when there is alternative remedy The evidence that the prosecution has in respect of their prima-facie satisf......has in respect of their prima-facie satisfaction about the petitioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced by......llip;……………Respondents Judgment March 22, 2010. Result: The Rule is discharged. Maintainability of writ petition when there is alternative remedy The evidence that the prosecution has in respect of their prima-facie satisfaction about..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... when he will have the opportunity to assail any evidence which may be produced by the prosecution to support the prosecution case. Thus, it cannot be said that the petitioner does not have any other alternative remedy. And, as such, where there is alternative remedy available the writ petition is n...... (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Safiat Sobhan………………….Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment March 22, 2010.......l have the opportunity to assail any evidence which may be produced by the prosecution to support the prosecution case. Thus, it cannot be said that the petitioner does not have any other alternative remedy. And, as such, where there is alternative remedy available the writ petition is nor maintaina..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment March 16, 2010. Result: The Rule is disposed of with observations. Lawyers Involved: Anupam Biswas with Sabya Sachi Mondal - For the Petitioners. Fahed Mahmud Khan - For the Respondent No.2. Abdur Razzak - For the R...... 11. Respondent No.2 Bangladesh Bank in its affidavit in opposition stated that this writ is not maintainable as due to misinformation of the Respondent No.6 petitioners are suffering and their remedy, if any, lies before the Civil Court. On the basis of the information of Res.No.6, this Resp..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....ng lapse of time. The Court held as; 'Amendment of a plaint and amendment of a written statement are not governed by exactly the same principle. The defendant would not be allowed to introduce an alternative and completely different kind of defence which will have the effect of introducing a new......dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of taking away a valuable right accrued by lapse of time, but where in the circumstances of a par....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....legality, the whole proceeding would stand liable to be set aside. 17. In addressing the first question i.e., whether this petition is maintainable as it is essentially a criminal matter and, as alternative remedy is available in the form of an application under Section 561 A, to the Petitioner......rhanuddin J.- I agree. Ed. This Case is also Reported in: ......ies concerned raise a few questions, namely whether the present petition invoking writ jurisdiction is maintainable or not as it orbits round a criminal matter and also because of the availability of remedy under Section 561 A, Cr.PC and also because of the previous unsuccessful application under S ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ess of disposing the Rule of. The First one centres round the question of maintainability of this writ petition: is writ jurisdiction available in an essentially criminal matter: is it available when alternative statutory remedy is available? The second question is whether the Chair of the Commissio......anuddin J. - I agree. Ed. This Case is also Reported in: ......w. In support of this submission, Mr. Fazlul Huque said that Article 102 of the Constitution mandates that a writ petition will be entertained only if the Court is satisfied that no other efficacious remedy is provided by the law, but here equally efficacious remedies are available to the petitioner..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ess of disposing the Rule of. The First one centres round the question of maintainability of this writ petition: is writ jurisdiction available in an essentially criminal matter: is it available when alternative statutory remedy is available? The second question is whether the Chair of the Commissio......hanuddin J. - I agree. Ed. This Case is also Reported in: ...... law. In support of this submission, Fazlul Mr Huq said that Article 102 of the Constitution mandates that a writ petition will be entertained only if the Court is satisfied that no other efficacious remedy is provided by the law, but here equally efficacious remedies are available to the petitioner..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
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