Constitution of Bangladesh
Article 102 and
Supreme Court (High Court Division) Rules, 1973
Chapter XIA
The High Court Division erred in law in travelling beyond the scope/terms of the Rules Nisi:
The person who wants to invoke article 102 must be an aggrieved person and must specify the relief in his prayers. Chapter XIA of the Supreme Court (High Court Division) Rules, deals with preparing and filing of writ petition under article 102 of the Constitution. It provides that the aggrieved person must specifically set out the relief sought for. So, the writ petitioner must have specific claim in the form of prayer against such persons who are respondents, following which the Court can grant relief, if favourable, in accordance with law. In the present cases, the High Court Division has delivered the impugned judgment and order basing on the “জাতীয়করনকৃত কলেজ শিক্ষক ও অশিক্ষক কর্মচারী আত্মীকরন বিধিমালা-২০১৮” by which the earlier Rules of 2000 has been repealed and thereby directed the writ respondent-leave petitioner herein to absorb the writ petitioners-respondents herein as Lecturers in their concerned Government Colleges despite of the fact that the writ petitioners did not make any such claim in the form of prayer in the writ petition asking absorption under the aforesaid absorption Rules of 2018 nor the Rules Nisi were issued at that effect. As such, the High Court Division erred in law in travelling beyond the scope/terms of the Rules Nisi in both the writ petitions in giving relief to the writ petitioners while passing the impugned judgment and order. ...Bangladesh & ors Vs. Sk. Md. Abdullah Faruque & ors, (Civil), 18 SCOB [2023] AD 54 ....View Full Judgment

Trade Mark Act, 2009; Section 2(12), 100
Trade Mark Rules, 2015 Rule 10, 14, 15 and 50(1)
Supreme Court of Bangladesh (High Court Division) Rules, 1973
Constitution of the People’s Republic of Bangladesh; Article 107(1)
Code of Civil Procedure Order XLI Rule 1, Order XLIII Rule 2
Limitation Act, 1908 (1st Schedule) Section 5, 29(2) and Article 156
Since Bangladesh Supreme Court (High Court Division) Rules, 1973 does not prescribe any time limit for preferring appeal before the High Court Division against the order passed by the Registrar under the Act, 2009 as such, the time frame as prescribed in Rule 50(1) of the Rules of 2015 is applicable. ...Kazi Md. Kamrul Islam Vs. Registrar, Dep. of PDTM & ors, (Civil), 18 SCOB [2023] HCD 1 ....View Full Judgment