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StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....arden of Hossain Ali. Then, the informant filed the FIR with Jhikargacha Police Station whereupon the instant case was started. Police investigated the case and submitted charge-sheet against accused persons, Noor Islam, Jahangir alias Goni, Hajiruddin alias Azizur Rahman, Ziaur Rahman alias Zia, Aa......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......efault to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141...

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195

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

....ovide redress to those affected. Both the petitioners have a long established track record in undertaking public interest litigation for securing the rights of the most marginalised and discriminated persons of the community. Rule Nisi was issued on 18.07.2010 in the following terms: Let a Rule ...... 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. ......sation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......directly or indirectly, as will be apparent from the cases which have been brought to our notice in this petition. It is stated that young children have been subjected to ‘corporal punishment’ by educational institutions, which in some cases appear to be quite horrendous acts of violence adminis..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

State Vs. Alam, 2011, 40 CLC (HCD)

....and flee the scene of the crime. The investi­gation into the case led to the submission of the Charge Sheet being CS No. 66 dated 22-2-2003 under sections 11 (ka)/30 of the Act against three accused persons being the condemned-prisoner, Amanat and their mother Amena Khatun. The Tribunal upon taking...... It is apparent that the significance of the delayed recovery of allegedly incriminating articles on 4-1-2003 in terms of their production being a possible outcome of deliberate artful engineering by interested parties curiously eluded the Tribunal so much so that in recounting the facts and evidenc......ediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ...... 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. ..

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

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

....n extreme strong presumption of the validity of marriage and the legitimacy of children born out of the lawful marriage if from the time of the alleged marriage both the parties are recognized by all persons con­cerned as man and wife and also described in important documents and on important oc......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......e thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......titioner offered him and Maharaj Biswas (P.W.3), uncle of the respondent offered her to each other in the mar­riage. Thereafter, they lived together as husband and wife. After completion of their education from Rajshahi University both of them joined as lectur­ers in two different colleges. ..

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.   ......r non-cooperation of the respon­dent No.1 resulted in the violation. So the lia­bility does not fall upon the appellant. 23. The appellant proved that the respon­dents are not at all interested to complete the project since the under-construction of the ves­sel had been left aba....... Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ......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.   ..

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

Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)

.... as set forth in this Memorandum of the Company and no portion thereof shall be paid or transferred, directly or indirectly by way of dividend or bonus or otherwise, howsoever by way of profit to the persons who at any time are or have been members of the Company or to any of them or to any persons ......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... words in the statutes requiring their application. 25. Lord Atkin in R Vs. Electricity Commi­ssioners, (1924) I KB 171 observed that the Rules of natural justice applied to 'any body of persons hav­ing legal authority to determine questions affecting the rights of subjects, and hav...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ......to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ......n specified or spelt out in the affidavit-in-opposition and some bare statements thereabout in the Affidavit-in-Opposition will not suffice. 12. Mr. Md. Ashad Ullah further submits that right to education is implicit in and flows from the right to life guaranteed by Part III of the Constitution..

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

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

....ahar with the concerned Police Station, the Anti-Corruption Commission investigated the case and having found a prima facie case, the Investigating Officer submitted charge-sheet against 13(thirteen) persons including the petitioner under the relevant provisions by law on 20-9-2007. On hearing about......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. ...... 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. ......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

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....e, sections 2(Ga), 6(5) and other provisions of the Ain, 2003 strongly suggest that the law is enacted for recovery of loan from the defaulter loanee, i.e., the borrower, guarantor, mortgagor and the persons placed in similar position. In the present case the petitioner is in no way connected with t...... 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: ......end 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: ...... 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: ..

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

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

....majority argued that the writ petitioner did not mention that how less fortunate people are being protected in moving the High Court Division and also did not move on behalf of other less fortu­nate persons of the society who had no source or means to invoke writ jurisdic­tion. Learned Chief Justi......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. ...... to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......r infraction of fundamental 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 ..

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

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

....luding the said Taka 20 lakh amongst them never returned or deposited the said amount of Taka 50 lakh to the Council. The audit authority recommended for taking appropriate action against the accused persons but no action was taken by the Council Authority to cover up their own illegal act. Upon abo......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. ...... 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)

....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 sud­denly embracing her from behind. Besides, ......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. ......ed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......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. ..

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

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

....or his work on the basis of the principle "from each according to his abilities to each according to his work". (2) The State shall endeavour 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, intell...... (2011) HCD 36, 8LG (2011) HCD 1. ...... ...... lead us to the conclusion that child labour is a phenomenon created by poverty. It is also noteworthy that poverty itself creates a vicious circle where poverty generates more poverty due to lack of education and properly managed resources. A Bangladesh report for the year, 2006 (Review of Child La..

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

Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)

....s, had to make demand for the amount due under the said two cheques by giving notice, as per provision of section 138(1)(b) of the Act, to the company as the drawer of the cheques as well as to every persons who, at the time of the offence was committed were responsible to the company for the conduc......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. ......rlier 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. ..

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

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

....der 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 an......ate appearing for the convict-appellants, mainly submits that none but the P.W.1, 2 and 3 has supported the prosecution case. He further submits that this P.W.1-3 being relative of the victim are all interested witnesses and their testimony has not been corroborated by P.W.3, 4, 5, 6 and 8. He next ......e 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. ..

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

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

....f audi alteram partem is applied even though the statute is silent about the application of the same and that the said concept has also been recognised in the Constitution giving protection to the persons in the service of the Republic. However, while deciding the issue whether an employee of a ......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: ......er by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ......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

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

....employee challenges a transfer 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 in...... 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 ......and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ...... 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 ..

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

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

....fere the opinion expressed by experts unless allegations of mala fide are made out and established. Now the question is whether the PSC conducted fair tests and examinations for selection of suitable persons. In this regard the High Court Division on consideration of the materials on record came to ......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. ......(AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......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. ..

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)

....o" on 24.5.2009 that a woman in Noagoan village, Biteshor Union, Daudkandi Upazila, Comilla had been subjected to 39 lashes by community members, allegedly following a village salish in which certain persons had purported to pronounce this 'sentence' after the woman had initially called on community...... 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.......e 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.......ul authority and is violative of fundamental rights enshrined in the Constitution and is of no legal effect and why the respondents should not be directed to incorporate various types of articles and educational materials in the syllabus in School, College and University level and particularly in Ma..

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

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

.... 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. ......দ্র এবং প্যাথলজিক্যাল ল্যাব্রেটরি”. So, in order to ensure the proper treatment of the citizens the writ-petitioner or any interested person can establish a free health care society. It is very clear that the health care se...... Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ...... 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