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

.... under the Barisal Education Board. He very kindly gave us some important details about the set up of the various Ministries, Directorates and Boards concerned, giving details of various regional and local offices of the Ministries, namely Ministry of Education, which deals with Secondary, Higher Se...... to fatality. Let us consider what is happening in the name of instilling discipline into children. What is corporal punishment? Generally, corporal punishment, i.e. punishment inflicted on the body, as a form of discipline, has been exercised across the world possibly from the first existence..

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. ......he Tribunal remained so convinced of the condemned-prisoner's association with the crime notwithstanding the prosecution's notable failure to establish either that he actually engaged in hoisting the body up on to the beam or of the identity of individuals who may brought down that suspended body an..

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

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

....usband and wife and she left her hus­band's house because of his torture arid demand of dowry; that she lodged complaint to the superin­tendent of police; that there was a conciliation by local superintendent of police when the petitioner gave an undertaking to take her in his house wher......ssed. Marriage and Succession under Hindu Law Marriage under the traditional Hindu Law is a holy union for the performance of religious duties. It is a sacrament for the purification of the body from inherited taint. It is not a contract. Of course the marriage is necessarily the basis of ..

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)

....e Shipping Lines Ltd a Company incorporated under the Companies Act, 1913 and having our registered office at Previous 17, Siddeswari Lane, Presently: 1- F/3, Mirbagh, Nayatola, Moghbazar, Dhaka-17 a local currency loan of Taka 70,00,00 (Taka Seventy lakh) on terms and con­ditions contained in t...... and to broaden the base of investment in Bangladesh. On the application of the respon­dent No.1 the appellant-BSRS sanctioned a loan of Taka 70, 00,000 on 18-12-1979 for acquisition of two steel body self propelled Cargo Coasters of 600 DWT each. The loan is repayable in six­teen equal half..

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)

.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ......ce the competing interests of administrative justice and the exigencies of efficient administra­tion. These principles were applied originally to Courts of justice and now extend to any person or body deciding issues affecting the rights or interests of individuals whether a reasonable citizen w..

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

Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)

....not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ..

Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5

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

.... A Petition of Public Interest Litigation In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of the State or a local authori­ty or public authority or executive excess causes a legal injury to a specific class ......eloped as a Model Town for residential purposes in the early 1980 by the writ respondent No.2. Since the creation of the UMT, its inhabitants have been enjoying the calm and pacifying flow of a water body through the heart of the township popularly known as "Uttara Lake". While preparing the Master ..

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

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. ......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. ..

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

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. ...... the Area Manager (Leaf) of the Company and Mr. Golam Farook Khan who was the leaf Co-ordination and Export Manager at the time of filing the suit. The unwelcome attention included touching of her body, pulling of the hands by these two persons, unnecessarily patting her on the head, and sud­de..

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

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....; thereafter her daughter returned back with bleeding from her genital organ and had narrated the story. On the next day her daughter was treated by Dr. Khaleda. Further prosecution case is that, the local people tried to settle the matter but no settlement could be arrived at, hence the delay in lo......t­ness. However, in a case like rape it is not expected that the offence would be committed in presence of any person. Rather, it would be committed secretly avoiding the risk of being noticed by anybody. As such, we do not consider that the fact that P.W.1 not being eye witness was fatal to the pr..

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

State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)

....ber, 1998 and on getting the death news, the informant Md. Bashir Uddin Sheikh (P.W.1) recovered the victims dead bod­ies from the backyard of the house of one Rahman and then lodged an FIR with the local police station. Pursuant thereto the police sent the dead bodies for mortuary and after comple......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ..

Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15

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

....points out that children are handed over to certain employers on payment of lump sum of money and the children are expected to work for those employers until that money is considered repaid, which is locally known as “dadon” (“দাদন”). He submitted, however, that these are situations ......workers are ordinarily employed, provision shall be made for cooling the drinking water during the hot weather by effective means and for distribution thereof. (4) Where dehydration occurs in the body of workers due to work near machineries creating excessive heat, there workers shall be provide..

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

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. ......who is the draw­er of the cheques singed on its behalf by its Managing Director, who is the accused petitioner before us. The drawer of a cheque may be a natural person or a juristic person (i.e. a body corporate). Issuing of a demand notice, giving thirty days time, to the drawer of the cheque is..

Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657

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

....s were terrorist in nature. They are possessing illegal arms as he came to know. They are confederates of one Ujjal who was arrested for keeping illegal arms. Because of the fear about these accuseds local peoples are not coming forward as witnesses. The informant also narrated that since the fact o......h index, completed inquest, made arrangement for medical examination concerning rape as well as registered an U.D. Case No.39 of 2001 dated 29.07.2001 in connection with the suicide and sent the dead body for post mortem to the Sadar Hospital, Natore. Considering all these alongwith the post mortem ..

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

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......Act, 1913 which was subsequently nationalized under the President's Order No.27 of 1972 and placed for its management, supervision and control under the Bangladesh Jute Mills Corporation, a statutory body created pursuant to the said President's Order No.27 of 1972. The defendant-petitioner, Md. Zah..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....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: ......lpa 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 alteram partem is applied even though the statute is silent about th..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)

.... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ......sfer order, the High Court Division instead of interfering with such order can direct the department to enforce the transfer order and to take suitable action against erring persons of the autonomous body. An order of transfer is not an action affecting, altering or infringing upon right to off..

Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....of exercising the power under section 24 of the Code means the Court of the District Judge under Section 3(1) of the Act. Section 2(4) of the Code reads as follows: "2. (4) "district" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter ca......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

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. ......es out of number of applicants for certain posts. There is no dispute that the sole authority and dis­cretion is vested with the PSC. It is well settled that when a selection is made by an expert body having high academic qualification in the field for which the selection is to be made, the Cour..

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)

....r. 7. The report in "The Daily Star" on 16.8.2009 titled "Fatwa Again" 101 Lashes for refusing uncle's sexual advances' stated that a woman was whipped in public following issuance of a Fatwa by a local muezzin. 8. A news report was published in "The Daily Prothom Alo" dated 5.10.2009 stating ......2009 and Writ Petition No.754 of 2010, submits that the imposition of extra-judicial punishment and its execution in the name of Fatwa is illegal and without jurisdiction, unless authorised by law, nobody can take law in his own hand and impose punishment. According to her, imposition of extra-judic..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335