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Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......tion of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person to do so. 54. There is no allegation in the FIR that the Petitio......e instant case. He left no stone unmoved to assert that it is a fundamental legal dogma that charge cannot be framed against a non-absconding accused, in her absence, which theme has survived the passage of time. He went on to contend that it is this inviolable concept which was visibly crucified in..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......tion of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person to do so. There is no allegation that the Petitioner harbored an......oudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, D..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......tion of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person to do so. 40. There is no allegation that the Petitioner harbore......oudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, D..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......h Secretariat, Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......an application from the decree holder but not at the desire of the judgment debtors. In the instant case the execution case being No.3 of 1990 was started on 24.10.1990.The auction sale was made lawfully. The sale was confirmed duly and sale certificate was issued and thereafter the same was regi......6.4.2004. Thereafter the judgment debtors opposite parties entered appearance in the said Execution Proceedings on 15.5.2004 and prayed for staying the proceedings of the Execution Case. At that stage Bangladesh Shilpa Bank submitted an application on 17.5.2004 for adding him as a party and that..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......ainst the judgment and order dated 27-10-2010 passed by a Division Bench of the High Court Division in Writ Petition No.4968 of 2007 discharging the Rule with a direction to the petitioner to make full payment of the claimed amount within two weeks from the date of receipt of the judgment and or......ngladesh Limited decided to discontinue the business in Bangladesh. As a result the shareholding and controlling interest in the petitioner company was changed. On 29th November, 2006 the new management of the petitioner company changed the name of the petitioner from Organ (Bangladesh) Limite..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......our cannot be passed by this Court. In the same way, the parents of the husband have no locus-standi to file any application for the custody or guardianship of a minor girl, who may be their son's lawfully wedded wife. 16. The decision of our Appellate Division quite clearly points to the fact t......istrict Jail and, thereafter, upon an application by the Jail Superintendent, Laxmipur District Jail, transferred to the Nirapadh Abasan Kendra, Farhadabad, Hathazari, Chittagong. In the meantime the age of the girl was assessed based upon radiological X-ray plates to be 15 years. In her statement r..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......een interpreted in the case of Mujibur Rahman (Md) Vs. Government of Bangladesh and others reported in 44 DLR (AD) 111 wherein it has been held that: "The non-obstante clause is to be given full force and effect. —The proper way to construe a non-obstante clause is first to ascertain the......th from the date on which the cause of action for prosecution arises under section 138 (1)(c) of the Act……………………(19) Application of the Code of Criminal Procedure The language used in Section 141 of the Negotiable Instruments Act with a non-obstante clause makes it clea..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....e story of the prosecutrix. In a case of this kind, it is very necessary that before finding the accused persons guilty of rape, the Court should be satisfied that the story of rape by the victim, thewoman, is corroborated either by circumstantial evidence connecting the accused persons with the......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ...... (Bishesh Bidhan) Ain, 1995 and sentencing them to suffer imprisonment for life. 2. The prosecution case in short is that informant Kanchoni Bala in order to recover her loan money from a co-villager went to their house and while returning from there she was surrounded by the accused persons wh..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......irl to the Court of the learned Magistrate, who ordered the girl to be kept in safe custody at the Safe Home in Bagbari, Sylhet, managed by the Department of Social Welfare. The mother of the girl ruefully stated to the reporter as follows: "দুঃক্ক ফাইয়া গেছি বি......mation Report (F.I.R.). Police, after recording the case, sent the girl to the Court of the learned Magistrate, who ordered the girl to be kept in safe custody at the Safe Home in Bagbari, Sylhet, managed by the Department of Social Welfare. The mother of the girl ruefully stated to the reporter as ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal offence. A criminal proceeding can be quashed even at initial stage when the fact is preposterous or if it appears from reading the First Information Report and th..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......র অসৎ জীবনের কোন অভিযোগ পাই নাই। তৎমর্মে আমার কোন অনুসন্ধান নেই। Mr. Ahsanul Karim forcefully argued that the appellant subsequent to the submission of statement of assets again on 28-4-20......anchaypatras, FDRs, etc. 9. Under the head of Immovable Property, the appellant gave details of the immovable property as follows: I. Immovable property: (i) Ejmali property at his village Gulbahar under Police Station-Kachua, District-ChandPur. (ii) 15/16 acres of land out of wh..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
.... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......sfer of Property Act, 1882 (IV of 1882), or the Contract Act, 1872 (IX of 1972), no order or decree for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent allowable by the Ordinance and perform the conditions of the tenancy.
18. (5) ...... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
.... stated that in the following day of the occurrence, the victim entered into the house of the victim by climbing paupa tree as he gate of the house was closed which also proves that the victim is a woman of easy virtue, so her evidence cannot be believed without the corroboration of reliable evi......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......2 at 16.10 hours Chandan Adikari as informant lodged FIR with the Manda police station against the appellant Pintoo Pal alleging inter alia that on 19.06.2002 at 3.00 P.M. her daughter Jhorna Rani aged about 17 years went to the land and all on a sudden the appellant forcibly took her in his dwe..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......classes in their educational career. The Sub-Assistant Engineers are also competent with outsiders to compete on obtaining AMIE/BSc in addition to their reserved 1/3rd sanctioned posts relaxing their age up to 40 years. The appellants further stated that by resolution taken on 14-12-1992, the Board ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......classes in their educational career. The Sub-Assistant Engineers are also competent with outsiders to compete on obtaining AMIE/BSc in addition to their reserved 1/3rd sanctioned posts relaxing their age up to 40 years. The appellants further stated that by resolution taken on 14-12-1992, the Board ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......obs. 48. In the instant case, the rules and the impugned orders are similar to the said cases and, as such, we are of the view that the petitioners' terminations from service were also done unlawfully and without lawful authority. All the issues and reasonings raised by the respondents in the...... the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a legitimate expectation to continue in the service till achieving the age of superannuation. Of course, there is no guarantee that he will be able to continue in such ser..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....rtment. The student along with her father submitted a memorandum to the Vice-Chancellor of Dhaka University accusing the teacher of sexual harassment. (The Daily Star May 22, 2008). 6. An eminent woman Professor Dilara Chowdhury of Jahangirnagar University made a study and published a book on ......ction. 33. Article 24 of CEDAW necessary for disposal of this case is as under: “State parties undertake to adopt all necessary measures at the national level aimed at achieving the full realization of the rights recognized in the present Convention”. 34. The general recomm...... Apparel Export Promotion Council v. Chopra, AIR 1999 SC 625; Micari V. Mann, 481 N.Y S. 2d 967 (Sup, Ct. 1984); Janzen and Govereau Vs. Platy Enterprise Ltd. International Women’s Rights Cases at page-451; David Dotchin v. Saskatchewan (Worker’s Compensation Board), Queen’s Bench, Judicial Ce..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....there is possibility of acquittal or the fact does not invite any harsh sentence. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running in Bangladesh. Principle......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......attempt. . . The offence under section 6(1) would be complete when the victim is totally under control of the accused. Unless the victim be totally under the control of the perpetrator or till that stage comes, no one could gather for what purpose the victim was taken by the perpetrator. And total c..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......ashbari Government College at Gaibandha after a teaching career of thirty five years. Petitioner No.2 is his wife and a housewife. On a joint application of the petitioners and two others (wife's full sister and her husband, added respondent No.9), respondent No.7, Assistant Commissioner issued ...... and design submitted for construction of a building vide memo dated 15.03.1986. On their joint application said respondent No.7 vide his letter dated 05.05.1988 also permitted said allottees to mortgage the land to the House Building Finance Corporation for loan. They also got the land mutated in t..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
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