Search Options
Judgment Advanced Search
Displaying 241-260 of 2921 results.
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....s dismissed. The Muslim Marriages and Divorces (Registration) Act, 1974; section 11 The Muslim Marriages and Divorces (Registration) Rules, 1975; Rule 8(2) No action should be taken against a person without giving him any opportunity of being heard. When any person is given the temporary lice......tion 11 of the said Act and Rule 8(2) of the aforesaid Rules and, as such, there is no illegality in the impugned judgment and order passed by the High Court Division and, as such, no interference is called for by this Division and the appeal is liable to be dismissed. 6. We have heard the learne......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....in Adalat directed the judgment-debtors to pay the decreetal amount by 28th February, 1994 and interest at the rate of 21% within four months from 1st March, 1990. The appellant did not assign any reason whatsoever in its application for not taking steps for drawing up the final decree despite that ......dalat ultimately sold the mortgaged property in auction. The judgment-debtor filed application in the executing Court praying for shifting a date for sale on the ground that a country wide strike was called on the day fiixed for auction sale. The Adalat sold the property in auction despite such obje......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
.... 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].
......as domestic workers.[5] Poverty-stricken parents of child domestic workers could not support their children for various reasons, such as lack of funds, lack of land to cultivate, large family size or loss of an earning members’ earnings due to illness.[6] The SCSD study found that “92% children ..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....ccused-petitioners who on receipt of the notice took back the cheque on 24-3-2009 and then accused Nos.1 and 2 gave the cheque described in the schedule to the petition of complaint and this cheque also was dishonoured on 6-9-2009 for insufficient fund having been presented on the same date of issue...... on demand or otherwise and withdrawable by cheque, draft, order or otherwise, and includes any Post Office Savings Bank; As per section 7 of the Act the maker of a bill or exchange or cheque is called the "Drawer", the person thereby directed to pay the "Drawee" and the per...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....naction of a functionary of the state or of a local authority is not open to challenge under writ jurisdiction, unless it comes within the scope of article 102 of the constitution. No relief has been sought against Bangladesh Bank in respect of its inaction and a direction has been sought, instead, ...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ......d questioning the inaction of Bangladesh Bank in taking appropriate actions against the City Bank Ltd., and its foreign exchange branch at Dilkusha, Dhaka for their alleged misdeeds causing financial loss to the petitioner-company, and also to examine the legality of a legal notice served upon them ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....HCD) (2013) 290.
......ting in several suicides by the victim girls, killing of their relatives or other people who try to protect the victims from any attempt by the perpetrators of such menace. The sordid incidents of so called “eve teasing” have been taking place with numerous frequency all over the country......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.
..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....rd 'amendment' will include any alteration or change for improving or creating any law or any other instrument or pleadings with special reference to court cases. . . Amendment' is a change in some of the existing provisions of a statute . . . a law is amended when it is in whole or in part ......otes cast in the constituencies in which it's candidates took part in any of the aforesaid parliamentary elections; or (iii) established a functional central office, by whatever name it may be called, with a central committee and district offices in at least ten administrative districts and......ge or alteration, for the purpose of bringing in improvement in the statute to make it more effective and meaningful, but it does not mean its abrogation or destruction or a change resulting in the loss of its original identity and character. In the case of amendment of a Constitutional provisio..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....s of their parents’ eyes’. All over the world, childless parents crave for them and the lucky ones who have children dote over them and yet it seems there comes a time when the parents impose all sorts of punishment upon their children either directly or indirectly, as will be apparent from the ......es, scapegoats, threatens, scares or ridicules the child. Parents rebuke and chastise their own children for all sorts of behaviour which is not to their liking. In fact children bear the brunt of so-called disciplinary action from everyone older in age or bigger in size. Corporal punishment imposed......its that, although the psychological harm resulting from corporal punishment is not as easy to identify as physical injury, researches have been able to correlate corporal punishment with depression, loss of self-esteem and anxiety. In support of her contention, she makes reference to certain resear..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
....ey; that the respondent Nos.1 and 2 are not responsible for payment of loan money.
4. The learned Subordinate Judge, Commercial Court No.2, Dhaka found the appellant and the respondent No.5 solely liable for breach of contract and frustration of the project and by the judgment and order da......ondent No.5, builder encashed payment of second installment. PW 1 in cross-examination stated that after importation of the engines they came to know that these were second-hand engines and then they called explanation from the respondent No.5 and in reply, the respondent No.5 stated that with the a......as 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 loss and damages of the plaintiff and court is not prevented from adopting this method for determini..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....scind available under Section 21 of the General Clauses Act does not include the authority to take away a validly acquired right. It is well-settled that Fraud Vitiates Everything and by that reason, they should not be allowed to enjoy its Fruit - In the instant case, it cannot be said tha......লে ভর্তি বাতিল বলিয়া গণ্য হইবে।” 37. Suffice it to say that the petitioners resorted to fraud and forgery at the time of their so-called admission to the university at their own peril. 38. It appears that Mr. MK Rahman ...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)
....Class Suit No. 29 of 2002. 2. The notice of the present Civil Rule has been duly served upon the opposite party, but no one appears to oppose the Rule. The learned Assistant Attorney General is also found absent and therefore, the matter is taken up for disposal in absence of the parties. 3. ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......al were very much diligent in pursuing the matter. But some clerical negligence in the law office caused the delay in filing the revisional application, for which the Government should not suffer any loss and injury. It further appears that the subject matter of the suit involves public interest and..Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
.... State and another……………………………Opposite-Parties Judgment December 1, 2010. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); Section 561A The Penal ...... predicated upon conjectures, surmises and speculations. Her involvement in the case as an abettor entails a journey into the minds of the Investigating Officers concerned, an exercise fraught with uncalledfor and unwarranted consequence. Having regard to the facts and circumstances of the case, it ......servants, manipulated the tender for sale of the properties in Gulshan, Banani, Dhanmondi etc, for his own benefit and sold the same at a price less than market price thereby causing a huge financial loss to the public exchequer. Against this backdrop, a case under sections 409/109 of the Penal Code..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....al rights affecting a number of people is involved the exercise of jurisdiction by Court is justiciable. If grievances of those people are unredressed due to poverty, lack of education, helplessness, social disability, only then the Court would entertain a petition if a public spirited person or......n. Learned Chief Justice concluded his argument observing as under: "So, the petitioner can not move the High Court Division under Article 102 of the Constitution to protect the interest of the so-called less fortunate people in the society." 13. In Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DL......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. ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....arassment and tortious liability Sexual harassment has a devastating effect on both the economic opportunities and the physical and emotional well-being of working woman. Victim suffers from insomnia, depression, nervousness, fear, feeling of powerlessness and other symptoms of psychological......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. ......symptoms of psychological harm which sometimes lead to a complete emotional breakdown. In consequence of this emotional breakdown and sometimes independently physical effects such as headache, loss of appetite, loss of weight, nausea and fatigue may occur. It hinders a woman's chances of eco..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....an Tribunal, Rajbari in the Nari-o-Shishu Case No.336 of 2004, convicting the appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2003 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for 6(s......ri Police Station, on 29-8-2004, alleging that on 14-8-2004, at about 5-00 PM, her daughter Mosammat Lipi, aged about 6 years, while playing with Reshma, Misti and Khushi of the same age, the accused called her daughter saying that he would give her sugar-cane. By saying that, the accused took her d......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...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)
....nd against the provisions of the constitution and the Representation of the People Order, 1972 because only the valid candidate has the right to withdraw his candidature or his agent can do so under Article 16(1). Returning Officer by refusing to allocate a symbol to him and withdrawi...... petition is not maintainable as the Respondent No.1 was not a contesting candidate or a candidate at all. Under Article 49(1) of the Representation of the People Order, 1972, no election can be called in question except by an election petition presented by "a candidate for that election i......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. ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....g the supply of the products and Ring Distribution informed that they deliver the products upon receiving it from the petitioner, who deducts 5% Income Tax from the commission of Ring Distribution at source. Therefore, notice declares that it is evident that Ring Distribution and the petitioner coll...... as per Notification No.2(1) Mobile/Mushak-Basto:Sheba & Aab:/99/1237 dated 11.11.2002 and submits VAT Return accordingly. The petitioner issued three copies of VAT Challan with internal document called RF (Requisition Form) from its sales point and handed it over to distributors. A distributor ......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... represented by the Secretary, Ministry of Labour and Manpower, Bangladesh Secretariat, Dhaka and others….............Respondents Judgment September 5, 2010. Result: The Rule is made absolute. Cases Referred To- HM Ershad Vs. Bangladesh, 21 BLD (AD) 69 and State Vs. Metropolitan...... Act or of any rules, regulations or schemes. 323. National Council for Industrial health and Safety.- (1) The Government may, by notification in the official Gazette, constitute a Council, to be called the National Council for Industrial Health and Safety. (2) The Council shall consist of th...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
.... dated 25.07.2005 passed by the learned Judge of Nari-O-Shishu Nirjatan Daman Tribunal, in the Nari-O-Shishu Case No.324 of 2003 convicting the accused-appellant Nos.1 and 2 with two other accused persons under section 9(3)/30 and 9(3) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 respectively and s.......W.1) Md. Afsar Ali, with the Police Station Gurudaspur, District-Natore, alleging, amongst others, that on 27.07.2001, at about 10.00 a.m. the accused Rehana Begum, wife of the accused Jamal Mollah, called away his daughter Most. Asma Khatun (17) on the excuse of sewing a katha (a homemade blanket ......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....………………………Petitioner Vs. Adamjee Jute Mills Ltd……………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific in...... In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand.............(17) Case Referred to- 7 MLR 13. Lawyer......ner Vs. Adamjee Jute Mills Ltd……………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him an..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
85655073461788005291473985495303904794014443799885088698594387205839526568928532