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Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....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. ......dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ...... opportunity to the defendant to consider the question of enforc­ing the arbitration agreement. The right to institute a suit in some Court is conferred, on a person having a grievance of a civil nature, und6r the general law. It is a fundamental principle of law that where there is a right ther..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......ed. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......he case of Province of East Pakistan Vs. Kshiti Dhar, 16 DLR (1964) (SC) 457, wherein it has been held: "The principle is now well settled that a proceeding in the writ jurisdiction is more in the nature of summary proceeding in which examination of disputed questions of fact of a complicated nat..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

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]. ......OM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......ical pressure upon them; in any unhygienic and insecure surroundings; without wages or for low wages; prejudicing their education; being forced to work and being forced do work which is de-grading in nature. 13. We have considered the submissions of the learned advocates, perused the petition and..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......ccordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......ant for repayment of the loan. When it was presented for encashment at last on 5-2-2009, it was dishonoured for insufficiency of fund in the account of the draw­er with as added remark that joint signature was required. On 8-2-2009 at about 7-00 PM, the com­plainant personally approached the accus..

Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361

Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579.   ......ank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579.   ......9. Moreover the term 'fugitive' disqualify­ing a person to get any relief from the Court is applicable for criminal proceedings. But the Artha Rin Suit is a clear and simple suit of civil nature and in execution of the decree passed therein the present execution case is also a proceeding..

Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2

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.......cate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......র কোন জমি পিতাকে দান করিয়া দেওয়ার Intention ছিন না।” 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 de..

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

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......reinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......ights’ organizations 16(sixteen) girls had committed suicide as a result of such teasing/stalking in the first five months of 2010. The above mentioned and numerous other incidents of like nature have already raised huge concern and protests around the country. People demanded immediate a..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ...... Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......hy the provision of clause (3a) of Article 12 of the Representation of the People Order, 1972 providing that nomination paper of an independent candidate shall be submitted along with a list of signatures of one percent electors of the concerned constituency shall not be declared to be violative..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)

....r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... fugitive. Moreover, the term ‘fugitive’ disqualifying a person to get any relief from the Court is applicable for criminal proceedings. But the Artha Rin Suit is a clear and simple suit of civil nature and in execution of the decree passed therein the present execution case is also a proceeding..

Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......efault to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141....... হাত বেধে দেয়। পরে যার যার মত বাড়ী চলে যায়।” 22. The confessional statements made by the condemned-prisoners are inculpatory in nature and consistent with each other regarding time, place and manner of the occurrence. All the co..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195

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

.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......sation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......man beings and it is not permissible to apply any violence upon them, physical or otherwise, in order to instil discipline. She points out that any violence against another person, however minimal in nature, would be actionable under the criminal law, whereas violence against children in the name of..

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. ......ediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......­cance is also the Post-Mortem Report, the contents of which the PW 8 doctor has borne witness to in deposition and which testimony read with the conclusions of the Report appear rather equivocal in nature to this Court. Against the backdrop of such equivocation, noted also is the condemned-prisone..

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

Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)

....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......e thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......d he has no relationship with her; that the plaintiff-respondent being influenced by super­intendent of police forcibly entered into the house of the defendant-petitioner and managed to have a signature from him on blank stamp paper and there­after filed the Suit. 4. The learned Assista..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

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

.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ......to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ....... Judgment Moyeenul Islam Chowdhury J.- A Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order of the respon­dent No. 2 communicated under the signature of the respondent No. 5 vide Memo No. শেকৃবি/সিঃ ৩৫তম(বাস্..

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

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

....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ...... to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......otest, no member of the public or organisation making the relief has suffered a secondary public injury can maintain any petition against such act or omission, or when an act or omission is of such a nature which shocks the judicial con­science, the Court should extend its jurisdiction…………..

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

British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)

....dings 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: 66 DLR (AD) (2014) 80. ......ed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ...... Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be termed as any attention of a sexual nature in the context of work situation which has the effect of making a woman uncomfortable on the..

Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21

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....... 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.......e was entrusted with the duty to investigation into the case. In the course of investi­gation he inspected the place of occurrence, pre­pared draft sketch map along with index. He has proved his signature thereon, which were marked as Exhibit-5 and 5/1, respectively. He has also proved the index a..

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

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. ......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. .......8) performing autopsy found as many as 5 injuries on the person of the victim and opined that the death was due to shock and hemorrhage at a result of injuries which was ante-mortem and homicidal in nature. The learned Deputy Attorney General appearing on behalf of the State contended that the High..

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. ...... ......Labour Organisation (ILO) Convention No.182, which Bangladesh ratified on 12.03.2001. Article 3(d) of the said convention includes in the definition of hazardous child labour as “work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or mora..

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

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......s' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......t applying their mind as to the well-settled principle of law that in deciding a question of benami transaction the Court should take into consideration (i) the Source of consideration money (ii) nature and possession of property after the alleged transaction (iii) motive, if any for making ben..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4