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

....ned as man and wife and also described in important documents and on important occasions. It has been held in the case of Chellammal Vs. Ranganatham Pillai, (1911) ILR 34 Mad 277 that the fact that a woman was living under the control and protection of a man who generally lived with her and acknowle...... of marriage and succession in consequent thereof. It is our earnest desire and belief that a uniform and comprehensive system governing all Hindus containing a series of coher­ent provisions carefully considered after having gone through by eminent pundits and researchers and law commission a c..................Petitioner Vs. Bulbuli................................................Respondent Judgment January 6, 2011. Result: The leave petition is dismissed. Marriage and Succession under Hindu Law Marriage under the traditional Hindu Law is a holy union for..

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

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ......itions of the contract. The respondent No.1 on 14-12-1982 gave an undertaking (Exhibit 18), stating, that in association with the respondent No.5-builder, they imported old engines for which they are fully responsible. The respondent No.1 by its letter dated 6-1-1981 requested the appellant to make ......hat the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form of interest. Interest was not awarded by way of dam­ages but the prevailing rate of bank interest was taken into consideration for measuring business lo..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)

....utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ...... illegible to be licensed as Nikah Registrar on regular basis if he fulfils the requisite qualification. In the aforementioned case since the petitioner was appointed on 27.01.2004 and he successfully performed his functions, for a period of three years he is entitled to have a permanent Nikah ......p;….........Respondents Judgment December 6, 2010. Result: The Rule is made absolute. Issuance of Nikah Registrar licence on regular basis Rule 5A of Muslim Marriages and Divorces (Registration) Rules, 1975 provides that, a person acting for at least three years..

Category: Family Law | Date: 6 Dec, 2010 | Hits: 9

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: ......000/=) on 8.3.2010 and thereafter the Artha Rin Adalat executed and registered the “Boinama” on 6.4.2010 and delivered part possession of the auctioned land to him on 2.6.2010. The petitioner was fully aware of the mortgage suit and she has no interest in the land of respondent No.3 (judgment de......Artha Rin Adalat, Narayangonj summarily rejecting Miscellaneous Case No.3 of 2010 filed under Order XXI rule 58 of the Code of Civil Procedure and section 57 of the Artha Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The peti..

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

Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......nce at the trial. 14. Be that as it may we have heard the learned senior Counsel for the petitioner and the learned Counsel for the respondent No.3 at length and considered their submissions carefully. We have gone through the petition, supplementary affidavit, supplementary affidavit and the r......s the provisions of Article 35 of the Constitution read with Article 26 of the Constitution. 2. Back ground leading to the issuance of the Rule, in short, is that one Md. Nurul Islam Babu of village-Mopdhya Pashchim Kamargaon, Police Station Srinagar, District Munshi-ganj, lodged a First Inform..

Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211

State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)

.... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ......he country. 2. We have received a report from the Directorate of Prisons under Memo No.পিডি/পরি- 25/2010/2335(2) dated 06.09.2010 giving the statistics regarding the 145 children aged up to 18 years who were held in custody within the different prisons of this country during Aug..

Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141

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

....hrases 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 job, impeding her ability to do the work or interfering with her employm......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. ...... her performance at job. So sexual harassment definitely gives birth of a liability under the law of tort……………………………..(12) A person can be liable for tort as well and damages may be claimed against him for such wrong doing as well as against an organization or establis..

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.......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.......d to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for 6(six) months more. 2. The prosecution case, in short, is that one Mosammat Farida Khatun wife of Md. Tota Miah of village Pabla, PS District-Rajbari lodged a First Information Report (FIR) with Rajbari Police Station, ..

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

Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ...... had been terminated from service on the allegation of his involvement in other business; that thereafter the petitioner filed a suit labour Court wherefrom he got a decree in his favour in 2002 with full benefit; that thereafter, the petitioner joined in service in March, 2003 and on 25 June, 2003 ......order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ..

Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182

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

.... (2011) HCD 36, 8LG (2011) HCD 1. ......ndeavour to create conditions in which, as a general principle, persons shall not be able to enjoy unearned incomes, and in which human labour in every form, intellectual and physical, shall become a fuller expression of creative endeavour and of the human personality. Art.28. Discrimination on g...... Assistant Attorney General & Md. Jahangir Alam, Assistant Attorney General-For the respondents. Writ Petition No.1234 of 2004. Judgment Md. Imman Ali J.- There are 25,000 child workers aged between 4 to 14 years in the ‘bidi’ factories situated in Haragacha, Rangpur and they work ..

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

Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)

....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......rit petition No. 3434 of 2007, in paragraph No. 6, categorically stated that it had received notice of petitioners' writ petition No. 5510 of 2004 on 19.-2-.2005, which means that Sonali Bank had full knowl­edge of the pendency of Artha Rin Suit No. 293 of 2003. However, he submits, suppress...... Their further case is that out of 223 cheques, 57 cheques for an amount of Taka 17, 94, 13,000 were dis­honoured by the Sonali Bank and, as such, Sonali Bank only is liable to pay; that the mortgage and personal guarantee as stated in the plaint were in fact given in connection with a subsequen..

Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2

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. ......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. ......registered kabala. It was his further case that he purchased the suit land with the money given by his grandmother and that he got possession of the suit land and had been possessing the same. The age of the defendant No.1 was 16/17 years in the year of 1969. The disputed kabalas were in his cu..

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

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....r, whether the death be homicidal or suicidal. The two ingredients, to attract the mischief of sub­section (3) of section 9 of the Ain 2000 are (1) the act of committing rape on the victim (child or woman) and (2) death of the victim, whether homicidal of suicidal, as the result of the rape. There ......l injury, and that is the evidence of committing rape on the victim. As such the prosecution has been able to prove this case beyond reasonable doubt and the impugned Judgment and order passed, after full fledged hearing of the parties and upon assessing the evidence of all the witnesses, therefore ......Vs. The State………………………Respondent. Judgment August 1, 2010. Result: The appeal is dismissed. Cases Referred to- Yogeshwar Gope Vs. The state, 58 DLR (AD) 2006, page 73; Tunga Veskata Krishnaiah Vs. State of Andra Prodesh, (1985) 29 M.L.J.R. (Cr.) 130; Taneshwar..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

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

....No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......The Government and the PSC con­tested the writ petitions by filling two affidavits-in-opposition. The case of the Govern­ment is that under the Rules of Business, the appointing authority has full power either to accept or to reject the recommendation of the PSC and in support of its claim i...... 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 examination that tarnished the image and eroded the public trust in the PSC, which compelled the PSC to hold inquiry against one memb..

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)

....e Writ Petition and the application for direction. A few of them are stated below: 5. The petitioners came to learn from a newspaper report published in "The Daily Prothom Alo" on 24.5.2009 that a woman in Noagoan village, Biteshor Union, Daudkandi Upazila, Comilla had been subjected to 39 lashes...... 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.......he application for direction. A few of them are stated below: 5. The petitioners came to learn from a newspaper report published in "The Daily Prothom Alo" on 24.5.2009 that a woman in Noagoan village, Biteshor Union, Daudkandi Upazila, Comilla had been subjected to 39 lashes by community members..

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. ......inst him. It has also been stated that in the Artha Rin Suit No.35 of 1996 this plaintiff was impleaded as defendant No.3. Though the defendant No.3 of the present suit is that son of plaintiff's full brother but they are living separately. The plaintiff has no manner of relationship with the de......aintiff availed loan facility from the branch of the defendant No.1-Bank, and still there is transaction between the plaintiff and the said branch of the defendant No.1 but the plaintiff did not mortgage his land against the said loan and did not make himself guarantor for any loan sanctioned in fav..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ...... Milon Begum, Humayun, Abdul Wahab, Azizur Rahman and others trying to bring the deceased Abul Hashem to the hospital with a wooden door and on the way to the hospital while they reached near the village Tikoria injured Abul Hashem succumbed to his injuries and baring the said news from the nephew o..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....opy of this judgment be trans­mitted 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. ......opy of this judgment be trans­mitted 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. ......cerned should submit to the process of justice before he can claim the right of audience provided in law as well as the judicial convention, which is very much effective in the Court of law as the age-old maxim goes person who seeks justice from the Court of the law must come before the Court to..

Category: Procedural Law | Date: 6 May, 2010 | Hits: 109

Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......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 the prosecution i..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

..... 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. ......laintiff and defendant No.1-3 being deed No.6944 for the year of 1993 registered in the office of the Sub-Registrar, Gulshan, Dhaka, stands cancelled and the earnest money paid thereunder has been lawfully forfeited, and direct defendant No.15-6-1993 in his office. Plaintiff also prayed for declarin......idence Where additional evidence came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacun..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13