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Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....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]. ......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

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ......perty which is subject matter of the judgment and decree of the Artha Rin Adalat passed in Artha Rin Suit No. 771 of 2004 as well as Artha Rin Execution Case No. 638 of 2004. 19. To resolve this dispute, we in it necessary to quote hereunder a portion of the plaint which reads as follows: ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)

....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......submitted charge sheet under those sections but it appears from the supplementary affidavit filed today that the informant herself appearing in the Court below filed an application that the matter in dispute has already compromised between them so she has no objection in respect of bail of the other..

Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218....... 11. We are of the view that, these statements are general and avoiding in nature, there is no spe­cific statement denying the fact that there is no oral gift made by this deponent. Moreover, the dispute whether there is any oral gift or not, to settle it, it requires trial. On this question, we..

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95

Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)

....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......led an application on 22.7.2008 for issuance of a certificate of title in its favour under section 33 (7) of the Ain. When the said application was pending, both the parties tried to resolve the dispute through mutual compromise, but failed. Ultimately the learned Judge of the executing Court a..

Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

....y judgment delivered on 08.07.2010, it was held essentially that the trial of any offence and imposition of penalties may only be done by established courts and tribunals and that traditional dispute resolution or alternate dispute resolution must take place in accordance with law and cannot involve...... 2009. By judgment delivered on 08.07.2010, it was held essentially that the trial of any offence and imposition of penalties may only be done by established courts and tribunals and that traditional dispute resolution or alternate dispute resolution must take place in accordance with law and cannot..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

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. ......t denying he never told the police about Alam and Amanat's role in killing Vanu. This does not, however, salvage the prosecution case given that the PW 1 and PW 6 have not gone on record to similarly dispute the IO's statement ad establish any fact to the contrary. Nor has the prosecution case benef..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

..... As a matter of fact, they were condemned unheard. So the impugned order dated 19-11-2008 is without lawful authority. On receipt of the impugned order dated 19-11-2008, the petitioners examined the resolution of the Syndicate dated 1-11-2008 taken in its 35th Meeting from the office of the respond...... the Writ Petition, affidavit-in-opposition,  Supplementary affidavit-in-opposition, supplementar-affidavit, affidavit-in-reply and the relevant Annexures annexed thereto.  22. It is undisputed that the impugned order dated 19-11-2008 cancelling the admission of the petitioners from t..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ...... point, the authority can not detain the goods without due process of law. There are no cogent reason for detaining the goods in question pur­chased by the petitioner.. When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, t..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ...... point, the authority can not detain the goods without due process of law. There are no cogent reason for detaining the goods in question pur­chased by the petitioner.. When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, t..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5

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 was fully aware of the mortgage suit and she has no interest in the land of respondent No.3 (judgment debtor). In the said affidavit-in-opposition respondent No.4 (auction purchaser) also disputed the right and title of the writ petitioner as well as her co-sharers over the land in quest..

Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14

Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... Clause (c) (II) of section 38 of the Town Improvement Act, 1953 authorizes the Kartripakkha either on a representa­tion or otherwise for the purpose of devel­oping and improving any area to pass a resolution to that effect and may then pro­ceed to frame an improvement scheme. Mr. Ariff contended......g. This includes roads, pub­lic and private buildings, fields, parks, pleasure grounds etc. delineating in the maps and in the layout plans with descriptions to illustrate the proposals. There is no dispute that annexure-'B' is a photo copy of a layout plan and the same does not include descriptive..

Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55....... from his wife after four days. As such it was natural, had the allegation been a true one, for the father to lodge the FIR. He then submits that, as admitted by P.W.1, there was a salish following a dispute between the parties and at that salish the information party was fined Taka 500, awarded in ..

Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154

Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)

....indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ......aw, i.e. under Article 49(1) of the Representation of the People Order,1972 the respondent No.1 is a candidate who can call in question the very election in the Tribunal first and to settle the whole dispute on that point of law and therefore, the order of the Tribunal is liable to be set-aside. ..

Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8

State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)

....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ...... evidence against the accused in support of the charge, that the accused-respondent was not present at his home at the time of occurrence and that D.W.s. supported the defence case. 5. There is no dispute that victim Sheuli Begum died in the house of the accused-respondent as a result of injuries..

Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

.... (2011) HCD 36, 8LG (2011) HCD 1. ......relation to that establishment group of establishment (d) to supervise the election of trade unions executives and the holding of any secret ballot; (e) to act as conciliator in any industrial dispute; (f) to supervise the functioning of participation committees; and (g) such other pow..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......14. Now, let us look at the more important question whether the suit was barred by limitation. In this connection a portion of the plaint is required to be referred to for having a better view of the dispute in question. A portion of the plaint reads as follows: "That the cause of action for th..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)

.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ...... facts clearly indicate that the matter in issue raised by the parties are absolutely the subject matter of evidence. The Court below failed to ascertain such facts of either party. When a particular dispute is in seisin of the Civil Court neither party should be allowed to take any undue advantage ..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... in the viva-voce as well the PSC by its letter under memo dated 18th February, 2007 recommended for their appointment in different cadres. While they were awaiting for appointment letter, the PSC by resolution dated 1st July, 2007 cancelled the viva-voce examina­tion result and directed them to......ng been selected and recom­mended by the PSC, they acquired a vested right of being appointed to the cadre services and such right cannot be taken away in an arbitrary manner. 8. There is no dispute that there was widespread allegation of irregularities in conducting the 27th PSC examinatio..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....n involved cannot 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 a......the woman involved cannot 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 ..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335