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Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 21. Ms. Hussain then mentioned that Bangladesh is obliged under international law to eliminate corporal punishment and to provide effective remedies for children. She submits that the fundamental guiding principles of international human rights law provide that every individual has a right to re......Ms. Hussain then mentioned that Bangladesh is obliged under international law to eliminate corporal punishment and to provide effective remedies for children. She submits that the fundamental guiding principles of international human rights law provide that every individual has a right to respect fo...........................Respondents Judgment January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of India and another, AIR 2001 (Delhi) 212; F.C. Mull...... 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. ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
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 ...............Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The autho......nd by that reason, they should not be allowed to enjoy its Fruit - In the instant case, it cannot be said that the petitioners had a validly acquired right rather by having recourse to fraud and forgery, they got themselves admitted to the university in collusion with some functionaries thereof...... 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
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......n of police report in a case, there is no scope for granting anticipatory or pre-arrest bail as has been held in the case of the State Vs. Abdul Wahab Shah Chowdhury reported in 51 DLR (AD) 242. This principle was not taken into consideration while granting pre-arrest bail to the petitioner in the p......cated 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 transp......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
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. ......tional or statutory obligations. It does not, however, extend to a person who is an interloper and interferes with things which do not concern him. This approach is in keeping with the constitutional principles that are being evolved in the recent times in different countries." 15. In BALCO Emp......ly the underprivileged or the poor who are unable to come to Court due to illiteracy or monetary helplessness, a petition on their behalf will be welcomed. The litigation must have been initiated for the benefit of the poor or any number of people who have been suffering the common injury but th......the administration of justice-often referred to as the duty to vindicate and uphold the majesty of law. Due administration of justice has always been viewed as a continuous process, not confined to determination of the particular case, protecting its ability to function as a court of law in the ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... (2011) HCD 36, 8LG (2011) HCD 1. ......blic. Art.20. Work as a right and duty.- (1) Work is a right, a duty and a matter of honour for every citizen who is capable of working, and everyone shall be paid for his work on the basis of the principle "from each according to his abilities to each according to his work". (2) The State sha......ra (ASK) and Aparajeyo Bangladesh filed the instant writ petition seeking an order from this Court declaring the continuous failure of the respondents to ensure healthy, hygienic and safe work place, for the workers within the ‘bidi’ factories of respondents No.3 to 5 in accordance with the prov...... (2011) HCD 36, 8LG (2011) HCD 1. ..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 ......, their said right can not be taken away without hearing them. The petitioners should not be prejudiced just because of the latches or negligence on the part of the Sonali Bank. It is a time honoured principle that law is for vigilant and not for indolent. 15. The Artha Rin Adalat Ain, 200......nd D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the rule, are that Uttara Bank Ltd., Gulshan Branch, Dhaka (Respondent No.3) filed A......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 ..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. ......stances. Among other circumstances possession of the property has held to be very important." Relying on this decision, Appellate Division in the subsequent cases also followed the said principles. The learned Advocate for the petitioner also relied on those decisions which are simila......t aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff instituted the suit against the petitioner as defendant for declaration of title to, measuring 1.32 acres, confirmation of possession and for permanent inj......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. ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......ntry and that the Agrabad Branch is one of them; that the accused is the managing director of Bagdad Exim Corporation Ltd. a private company limited shares; that on the application of the accused for loan, to run its business, the payee Bank sanctioned loan in the name of the company of the ac......of parties and this defect can be cured by adding the company as party at a subsequent stage. Hence, the impugned proceedings does not warrant interference by this honorable Court. 6. Points for determination in this case is whether, in the facts and circumstances of this case, the impugned pro..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....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. ......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. ......used-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 sentencing them to suffer rigorous imprisonment for life and to pay a fine of Tk. 1,00,000/- each. 2. The prosecution case started upon an ejaher...... the witnesses, therefore do not suffer from any illegality and the same do not warrant any interference by this honorable Court. Accordingly, he prayed for dismissal of the appeal. 10. Points for determination before us is to consider as to whether the impugned Judgment and order passed by the t..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
....here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......
Hence, protection under Article 135 of the Constitution cannot be extended to
him for being outside the class of “persons in the service of the Republic”. There
is no such requirement and the principle of natural justice to serve a show
cause notice is also not applicable if that is exclude......s discharged.
The Bangladesh
Chini-O-Khaddo Shilpa Corporation Karmachari Chakri Probidhamala, 1989
Principle
of natural justice and the necessity to issue show cause notice before the
termination of service of an employee of any statutory body
The doctrine of audi
alt......here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......or the loss but on such application which does not disclose the particulars even to the date of knowledge of the date of death of the deceased, for unexplained unknown reason according to the broad principle of law of limitation, the vested right accrued to the other side after prescribed period o......…………………….Petitioner Vs. Sheikh Anis Uddin Ahmed………………………Opposite Party Judgment July 15, 2010. Result: The rule is discharged. When the reason for causing delay is unsatisfactory and not covered by any hypothetication and the conduct of the fi......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......joy the benefit of the decree obtained beyond her knowledge and thereby she will be deprived of her fundamental and legal right to enjoy the property as an admitted co-share. 9. It is settled principle of law that a proceeding under section 151 of the Code of Civil procedure cannot be taken......ble under order 7 rule 11 of the Code of Civil Procedure should not be set aside and/ or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule, are that, the opposite parties No.1 to 7 as plaintiffs instituted partiti......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ...... short facts leading to filing of this application under section 561A of the Code are that, one Abdul Jalil Bepari, the complainant-opposite party No.1 in this matter, filed a petition of complaint before the Court of Chief Judicial Magistrate, Sylhet, against the accused-petitioner alleging, amongs......amid Bhuiyan and another, reported in 60 DLR (AD) (2008) 195 the case of Shamsul Alam Vs. State, reported in 60 DLR (2008) 677 and accordingly prayed for discharging the rule. 8. The points for determination before us is whether the initiation and continuation of the impugned proceeding amount..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
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. ......in nature and no manufacturer of cosmetic product can claim monopoly over such word and the Court below granted temporary injunction relying upon the similarity of the trade mark which is against the principle of law. 6. The learned Advocate appearing for the respondent opposes the appeal and s......e suit No.1 of 2009 in the Court of District Judge, Dhaka against defendant under Section 96 read with section 24(2) of the Trade Marks Act, 2009 seeking following relieves: (a) to pass a decree for permanent injunction restraining the defendant from manufacturing, marketing, distributing, sell...... 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. ..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
.... 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.......tment or punishment. This obligation is contained in a number of international treaties binding on Bangladesh. The universally recognized prohibition of torture or other ill-treatment is also a basic principle of customary international law.
b) Article 7 of the International Covenant on Civil and......e imposition and execution of extra-judicial/legal penalties by way of framing and adopting and disseminating appropriate guidelines, directions or orders to all concerned authorities to report any information regarding the occurrence or likely occurrence of such incidents should not be declared to ...... 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...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
.... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......dly a less developed country in the world and so in consideration of the level of the economic development of the state, imposition of VAT is very much appropriate and not in violation of fundamental principle of state policy of this Constitution. The learned Assistant Attorney General further submi......eneral instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner.
Monzil Morshid, Advocate instructed by A. S.M. Khaleqiuzzman, Advocate-on-Record-For the Respondents.
Civil Petition for Leave to Appeal No. 2107 of 2009.
(From the judgment and order dated the 14th day of July, 2009...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......at the right of the payee to collect the amount due under an account-payee cheuqe has ceased. Crossing of cheque simply requires the payee to deposit the account payee cheque in the bank of the payee for collection and that he cannot transfer this cheque to any other persons by negotiation………......ty in commencing or continuing the impugned proceedings and that the impugned proceedings is not at all liable to be quashed on any of the grounds agitated by the accused petitioner. 6. Points for determination in this case before us is (I) whether the impugned proceedings is to be governed by th..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
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. ......on miserably failed to prove the case against the appellants, beyond all reasonable doubt and, as such, the learned trial Court ought to have acquitted the appellants but without considering the said principle of law illegally convicted the appellants. The learned Senior Counsel further submits that......re is no eyewitness or there is hardly any circumstantial evidence it is essential that the persons who are the next door neighbours or lived near the place of occurrence should be examined for unfolding of the case. And when the prosecution did not examine the witnesses without satisfacto......itted the rest. 9. Being aggrieved by and dissatisfied with the aforesaid judgment and order of conviction and sentence the appellants preferred this Criminal Appeal. 10. The only point for determination of the case is whether the prosecution has succeeded in proving the charge levelled ag..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......ode of Civil Procedure provides that pleadings must contain all material facts, while rule 3 of Order VIII of the Code requires that denial in the written statement must be specific. It is a cardinal principle of law that material facts must be stated by the parties either in offence or in defense. ......endant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May 12, 2010. Result: The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreemen......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
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. ......haka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of j......y of home Affairs, Bangladesh Secretariat, Ramna Dhaka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the p......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. ..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
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