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Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......4th term on 05.02.1997 to the same post and the same place and after expiry of the 4th term he was again appointed on 14.05.1997 to the same post and since then he has performing his duties to the full satisfaction of his superiors. The petitioner continuously worked for more than 90 days withou......Bangladesh Vs. Dhaka Steel Works Ltd., 45 DLR (AD) 69, paragraph 83; Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 49 DLR (HCD) 396; 49 DLR (HCD) 396 at page 399; 48 DLR (HC) 527 para-5; (48 DLR (HC) 527 para-7); 48 DLR (HC) 527; Azizul Huq (Md.) Vs. C..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......ithout its consent. The Senate was the inner body of the Comitia Curiata. It was composed originally of 100 and afterwards extended to 300 members. Its main function, among others, was to examine carefully every law or resolution passed in the public assembly, but they were not the representatives o......eir functions even better in the overall interest of the people of Bangladesh. 6. The members of Parliament are the representatives of the people of their respective constituencies, as such, are agents and trustees for and on their behalf. 7. The members of Parliament are debarred from hol..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......ies. Civil Revision No.1523 of 1990 (Dhaka). Civil Revision No.326 of 1988 (Jessore). Judgment AK Badrul Hug J.- Plaintiffs of Title Suit No.511 of 1986 of the Court of Assistant Judge, Bagerhat Sadar, Bagerhat are Petitioners and Defendants are opposite parties in the Civil Revision Pe..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......accused respondent No.2-4 Md. Shafiruddin Master, Mrs. Halena Begum and Shabiha Begum from the charge. 2. Prosecution case, in short, is that information's daughter Mahbuba Delowar @ Shuvra Moni aged about 15 years, passed S.S.C examination in the year 2005. On 16.07.2005 at about 9.00 am accus..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ershadul Vs. State, 2006, 35 CLC (HCD)
....ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......ged about 16 years and thus he ought to have been tried in juvenile court. 7. Mr. Aminul Islam (Sanu), the learned Deputy Attorney General appears on behalf of the state and submits that after a full-fledged trial, the trial court convicted and sentenced the appellant on the basis of evidence o......e submits that there is a great departure from what has been stated in the F.I.R. to the deposition of witnesses. Lastly the learned Advocate submits that on the date of occurrence, the appellant was aged about 16 years and thus he ought to have been tried in juvenile court. 7. Mr. Aminul Islam..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....ng of section 11 (Kha) indicates that there are two parts in section 11 (Kha) Under First part an accused persons shall stand sentenced to imprisonment for life for causing wound on the person of the woman. Under second part an accused person shall be sentenced for a period not exceeding 14 years an......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......re Kumar Dutta shall be referred to hereinafter as convict-appellant. 2. Destiny of Criminal Appeal hinges on answer to following questions: I. Could the prosecution bring home the charge staged against convict-appellant beyond any shadow of doubt. And II. Whether the Judgment un..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......Dhaka and then he shifted her to different places in Dhaka City and committed rape upon her. The accused also took her photograph and created fictitious document of marriage. The complainant unsuccessfully tried to lodge First Information Report with Patuakhali Police Station. Then he on 19-08-1997 ...... 2(two) months more, with a direction to run both the sentences concurrently. 2. The prosecution case, in brief, is that victim, D.W.1 Nasima Begum, daughter of complainant P.W.1 Shahu Howlader, aged about 13 years, was a student of Class VI of Awliapur Adarsha Primary School. Accused Md. Abdul..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......pt of payment and his signature in the acknowledgement receipt is marked exhibit 6. 43. In the cross-examination, he deposed that Mohasin Darber had put initial in every page and also had put full-signature in the last page of the deed of agreement; that he was present at the time of the ta...... further stated that the defendant No.1 Inge Flatz appointed Mohasin Darbar as constituted Attorney by executing a power of attorney on 25.06.1984 and conferred upon him the power inter alia, to manage and look after the suit property, realize the rent, let out the suit property, sell it and neg..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......o be considered. If testimony of a single witness is found to be entirely reliable, there is no legal impediment to record conviction of the accused person on such proof. We find the evidence of PW 2 full, complete and self-contained. In this respect, there are several decisions of our Apex Court wi......ish paid him Tk. 2,000 for the purpose of killing Nainka Rabi Das and accordingly, he had committed the murder as a hired man. It was also disclosed that Girish Rabi Das used to believe that the marriage of his daughters could not be settled due to disclosure of his bad opinion about character of hi..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......e read rules 23, 31 and 33 of Order XLI of the Code of Civil Procedure and submits that in order to do complete justice the Court of records always can allow the plaintiff to amend the plaint to give full relief in a suit and the mistake for the omission in praying for consequential relief must be h......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......nication Regulatory Commission reforms that the agreement containing 'exclusivity clause' being against public policy and the objectives thereof and being opposed to monopolistic policy has been lawfully deleted by the BTRC in accordance with the provisions of law, inasmuch as the same is designed......the objectives thereof and being opposed to monopolistic policy has been lawfully deleted by the BTRC in accordance with the provisions of law, inasmuch as the same is designed to provide undue advantage and monopoly to the petitioner as opposed to public policy and, as such, the High Court Division..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
...... of propeller Max 950mm/Min.
700 mm. Specific dia of the propeller has not been offered. As per Clause No.7.5
of the tender there should be a protection to protect the propeller blades
from damage due to grounding but the petitioner of the instant writ petition
has not offered any protecti..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....of creating two classes of local Governments in the country or its destruction or in no way impede the goal of creating a vibrant system of grass-root democracy. It is further stated that the elected woman member of the Union Parishad would be the adviser to the Gram Sharker and that it is in additi......ass-root level democracy solely for the purpose of building up a power base. The makers of the Constitution wanted no such half way house between autocracy and democracy. The choice was clearly for a fully democratic constitutional pattern, both at the national level and at the local level. And ther......rkings not only of the Gram Sharker but also of the Union Parishad. It is further stated that since all the members of the Gram Sharker are nominated, this body will have no accountability to the villagers, whom they sought to represent, that this is a body corporate created by an Act of Parliament,..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
.... 14‑8‑1997, while he was attached to Terakhada Police Station as SI of Police he received a report from Dr. Muniruzzaman, medical officer of Terakhada Upazila Health Complex, to the effect that a woman named Anowara Begum died in the hospital due to haemorrhage. On the basis of that information ......aroga at about 4‑00 PM. The seizure list was marked as Exhibit 5. In cross-examination, she stated that she gave treatment to deceased Anowara Begum as instructed by the doctor. The deceased was in full sense, when she was brought to the hospital she enquired to the deceased who placed the root of...... further rigorous imprisonment for one year. 2. Short prosecution case is that on 12‑8‑1998 appellant Raqib without the consent of his wife, deceased Anowara with intent to cause her miscarriage got a piece of root of plant placed in her vagina by absconding convict Ful Banu resulting in pr..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......to this Rule, in short, is that the plaintiff-opposite party filed the Family Suit against the defendant-petitioner for dower and maintenance stating, inter alia, that they sworn an affidavit of marriage on 25.1.98 before the Notary public Joypurhat stating that they have marred each other fixing a ..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
....d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
....... Thereafter, the authority issued second show cause notice to the petitioner vide Memo Nathi No.2 Shanstha‑23/(14) PL/I and 184/3817 dated 21‑11-1991 without enclosing the enquiry report in full. The petitioner replied to the second show cause notice by his letter dated 17‑12‑91 denyin......s. Government of Bangladesh, 44 DLR (AD) 111; Serajul Islam (Md.) Vs. Director General of Food, 42 DLR (AD) 199; SP Sampad Vs. Union of India, AIR 1987 SC 385; JB Chopor Vs. Union of India, AIR 1987 page 357.
Lawyers Involved:
Abu Bakkar Siddique, Advocate‑ For the Petitioner
SAM Ma..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ......e to the Deputy Commissioner and Additional Deputy Commissioner, Narsingdi, returning officer demanding justice against the acceptance of the nomination paper of Shafiuddin as valid. He unsuccessfully moved this Division in constitutional jurisdiction. On 14‑6‑03 Shafiuddin was declared ele......all, subject to the provisions of sub‑section (2), be qualified to be elected as, and to be, a chairman or a commissioner if (a) he or she is a citizen of Bangladesh, (b) he or she has attained the age of 25 years and (c) his or her name appears on the Electoral Roll for any ward in the Pourashava..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....ing the decision in the case of Khodeja Begum and others Vs. Md. Sadeq Sarker reported in 50 DLR 181, wherein their Lordships held that Muslim Marriage is a socio-religious contract between man and a woman and, as such, signatures of the parties in the Kabinnama are essential for proving marriage. N......the case of wherein it has been held that relationship or the partisan nature of the State Vs. Punati Ramulu, AIR 1993 SC 2644 evidence puts the Court on its guard to scrutinise the evidence more carefully. 38. On careful scrutiny of the evidence of P.Ws., it appears P.W.2 is the maternal uncle......f this revision are that the complainant Musammat Nargis Sultana and Md. Ashraful Alam entered into marital contract 5 years ago and out of that wedlock they were blessed with a daughter namely, Moue aged about 2(two) years only and during the existence of marriage, quarrel often took place among th..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full fledged tenant with all the rights and incidents of a tenant as provided in the State Acqu......espect of the entire land without any refund, but without prejudice to any right of suit by government in respect of any antecedent breach of any of your covenants here as contained. 9. The language of the two clauses are quite clear and self-explanatory which needs no further elucidation. Non-..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......te of granting NOC and to obtain a valid licence for establishment and operation of a telecommunication system as per requirements of the law, the Ministry of Information had to issue the letter with full lawful authority. It is further stated that the NOC had lost the legal basis, if any, after the......'No Objection Certificate', in short, NOC to the JTV for opening and operating countrywide terrestrial and satellite television telecasting and broadcasting in the UHF band under their own management. In the NOC, the JTV was asked to obtain approval from the Ministry of Posts and Telecommuni..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
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