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Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....ove the case. The scope of such enquiry is only to find out whether there is a prima-facie case....................(15) When enquiry Magistrate did not find the existence of prima-facie materials for offence relating to sexual harassment under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000......রতীয়মান হয় না।” 18. It clearly shows that during enquiry no materials for offence under section 10 (sexual harassment) of Nari-O-Shishu Nirjatan Ain, 2000 as amended vide amendment in 2003 could be found available. 19. Due to non availability of prima-facie materials ...... Daman Tribunal Gazipur, in Nari-O-Shishu Petition case No.18 of 2005 under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000 along with sections 323, 334, 506 of the Penal Code, dismissing the complaint petition under section 27 sub-section 1 (Kha) (Kha) of Nari-O-Shishu Nirjatan Daman (Amendmen..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....tant Attorney-General - For State Respondent. Criminal Appeal No. 836 of 2004. Judgment AK Badrul Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short ......e woman. Under second part an accused person shall be sentenced for a period not exceeding 14 years and not less than 5 years for the attempt to inflict injury. 26. The said Ain had undergone an amendment namely Nari-O-Shishu Nirjatan Daman (Sangasdhan) Ain, 2003 (Act No.XXX of 2003). It was pu.......6), Kindred elder brother of accused Kishor Kumar Dutta. Gouri Deb was admitted into hospital on 24.8.2001 and had been in hospital upto 25.8.2001 Gouri Deb on presentation of a petition lodged a complaint to Nari Dipita in respect of the incident. Gouri Deb, thereafter, as informant on 30.8.2001 l..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prov...... 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. ......….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the defendant and whether th..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
.... those dated 15.4.02 passed in Other Suit
No.5/2000 by the learned Assistant Judge, Fulsuri, Gaibandha should not be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the order of dismissal
from her service passed by the authority of Kanchipar......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......ult:
The Rule is made absolute.
Failure and/or frustration
of the ancillary/auxiliary relief cannot frustrate the entire suit and cannot
result into dismissal of the suit if the plaintiff is otherwise entitled to a
decree of her substantive relief…………..(17)
Cases Ref..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
.... August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code. Without sett...... the prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code. Without setting aside the judgment on review, there is no scope for consideration of the prayer for amendment of the plaint. There should not be any confusion in that what could be done in an appeal c......eview is based on the grounds mentioned in rule 1 of Order XLVII of the Code. Without setting aside the judgment on review, there is no scope for consideration of the prayer for amendment of the plaint. There should not be any confusion in that what could be done in an appeal cannot be done in ..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....nnek R Haque, Advocate (Joynal Abedin, Advocate with him), instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent Nos. 1, 3-6. Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by......ment and intimated the petitioner of the said decision on 2-11-2003 requesting the petitioner to nominate a representative to participate in the process of scrutinising the relevant documents for any amendment that may be made to any of the conditions of the Licence Agreement. 16. On 17-12-2003 ......case the defendant, under the terms of his licence, was forbidden to sell his rice to other wholesale merchants in the port on entry than those who were approved by the Collector of the District. The plaintiff who was not one of those approved dealers and was a wholesale merchant, contracted to purc..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....to why they should not be directed to issue Purchase Order in
favour of the petitioner or to hold Re-Tender/Fresh Tender in connection with
International Tender No.02 of 2004-2005 dated 9.12.2004 for procurement of
Deck Mounted 360 steerable Outboard Propulsion Unit Powered by 200-220 BHP
Ma......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.
......ulation-51 states
that the tender or can file a complain to the procuring entity. As per
Regulation 51(2) it has been stated that -
"In the first instance, the
tenderer shall submit its complaint to the procuring entity that has issued
the tender document."
And if he is not s..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
.... Sharker is a parallel body to the elected body of the Union Parishad, rather, it is its supporting body, created in order to assist the development work, maintenance of law and order and constituted for smooth functioning of the Union Parishad, that the Gram Sharker would only assist the Upazila Pa......g a local Government itself, can neither abdicate its functions nor becomes dependent on any other body. If it requires further support, it can get it from its own Ordinance, even if necessary by its amendment but need not look for support from other institutions which would tantamount to its depend......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....ri in Title Suit Nos. 71 of 1994 and 61 of 1994 dismissing the suits. 3. Respondent Nos. 1-52 in Civil Appeal No. 19 of 1996, and respondent Nos. 1-72 in Civil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declarations that excavation of the canal in the ......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......d the canal in question is being excavated in connection with the implementation of the Teesta Barrage Project Phase No. 1 in greater Rangpur and Dinajpur districts. After the filing of the suits the plaintiffs filed applications in their respective suits for temporary injunction for restraining the..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
...., Panchbibi in Family Suit No.36/1998 shall not be set aside. 2. Facts leading 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 b......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. ......1.2001 and 2.1.2002 respectively passed by the learned Judge of the Family Court, Panchbibi in Family Suit No.36/1998 shall not be set aside. 2. Facts leading to this Rule, in short, is that the plaintiff-opposite party filed the Family Suit against the defendant-petitioner for dower and mainte..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)
....za Hossain Haider J.-These two appeals preferred against the order of Customs Appellate Tribunal by the importers under the Provision of Section 196D of the Customs Act, 1969, have been placed before this Court for the purpose of admission. 2. Mr. Syed Ahmed appearing on behalf of the appe...... the Act, if gained any ground, that must be from the year 2000 which can not be said in the year 2005 as long standing practice. 6. Be that as it may, it appears that legislature by way of amendment of original Section 196 the customs Act, 1969 in the year 1995, through Act 12 of 199......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382. ..Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
.... in Election Tribunal Appeal No.1 of 2004, which set aside those dated 18‑7‑04 of First Court of Joint District Judge at Narsingdi in Election Tribunal Case No.1 of 2003 and declared the election for the office of Chairman of the Madabdi Pourashava held on 12‑6‑03 illegal and void. 2. O......o one Sabbir Ahmed. On consideration of said section 7(2)(g), a Division Bench of this Division held, "To insert the word 'guarantor' in subsection (g) is nothing but making an amendment of the said clause (g), subsection (2) of section 7 which is not the task of this Cou...... Election Tribunal Case No.1 of 2003 and declared the election for the office of Chairman of the Madabdi Pourashava held on 12‑6‑03 illegal and void. 2. Opposite party No.1, Samir Bhuiyan as plaintiff on 21‑6‑03 made an election petition against said Shafiuddin and others for declaring ..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....Kumudini Saha who in her turn, bequeathed it to defendant No. 1 on the basis of a will executed by her. Defendant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said property and confirmation of possession therein. An alt......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ...... Short facts are that the subject matter of the dispute is a parcel of land with a two storied building which belonged to one Rajeshwar Saha, father of defendant No. 1 and maternal uncle of the plaintiffs (respondent Nos. 1 and 2). Rajeshwar Saha made a gift of this property to his wife, Kumud..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Saeeda Yasmin and others Vs. Capital Service Center Ltd and others, 2005, 34 CLC (AD)
....cord‑For the Petitioners. M Saleem Ullah, Advocate, instructed by Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑4. Civil Petition for Leave to Appeal No. 956 of 2003. (From the Judgment and Order dated February 5, 2003 passed......ch was obtained impugning the order dated 8‑11‑2001 (Order No. 43 dated 8‑11‑2001) of the 1st Court of Joint District Judge, Dhaka passed in Title Suit No. 225 of 1998 allowing the prayer for amendment of the plaint. The High Court Division discharged the Rule on the finding since the learne......mpugning the order dated 8‑11‑2001 (Order No. 43 dated 8‑11‑2001) of the 1st Court of Joint District Judge, Dhaka passed in Title Suit No. 225 of 1998 allowing the prayer for amendment of the plaint. The High Court Division discharged the Rule on the finding since the learned Joint District ..Category: Procedural Law | Date: 29 Jun, 2005 | Hits: 98
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....aking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgment and order by the court at the cost of the people of the country………......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. .......2004 passed by the learned Senior Assistant Judge, Rajshahi Sadar in Other Class Suit No.87/2004 should not be set aside. 2. Facts giving rise to this Rule in short is that the petitioner as plaintiff instituted the suit for declaration that the appointments of 546 employees (3rd & 4th..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ing disposed of this common judgment. 3. The opposite party as plaintiff instituted Family Suit No. 11 of 1987 in the 4th Court of the Assistant Judge, Dhaka against the present petitioner praying for a decree for restitution of conjugal rights and for realization of maintenance cost alleging, in......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......sed by the learned District Judge, Dhaka reversing those of the Family Court Judge and 4th Court of the Assistant Judge, Dhaka in Family Suit. Family suit was dismissed and an appeal preferred by the plaintiff was allowed and the suit was decreed. Against the said decree the plaintiff preferred Civi..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... 12‑6‑2000 and 21‑6-2000 respectively passed by the learned Senior Assistant Judge, Sadar Court, Tangail, in Other Class Suit No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment ...... 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. ......t as provided in the State Acquisition and Tenancy Act. In the instant case the Revenue Authority had no legal authority to cancel the registered lease after about 18 years on 22‑2‑1992. The plaintiffs and their vendor were fully protected by the provisions of section 85 of the SAT Act&hell..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....inistry of Works, Dhaka Vs. Mr. KM Zakir Hossain and others, 2003 BLD (AD) 24 = 8 BLC (AD) 27; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 46 DLR (AD) 9. Lawyers Involved: Lutfor Rahman Akand, Advocates - For the Petitioners. MA Azim Khair, Deputy Attorney-General -......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......ullah that he got delivery of possession of the case property in part performance of the contract on 27-12-1970. This factum of delivery of possession was specifically stated in paragraph 4 of the plaint of Title Suit No.395 of 1981. Besides, in the supplementary affidavit dated 9-1-2005 the peti..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....thers............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. Result: The Rule is made absolute. Directions sought for the petition to be allowed. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....-in-interest of the Petitioner") who, being engaged in the business of manufacturing, importing and marketing of powder milk, butter oil, condensed milk etc. including milk products in all their forms in Class- 29 throughout the world and having acquired a reputation for the unrivalled quality ......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ...... against a predecessor-in-interest of the Petitioner, i.e., Unilac Australia Pty Ltd. praying for a money decree of Taka Twenty-eight crore that is now pending. Evident from the certified copy of the plaint of the said Suit is an express declaration and admission that the said Mr. Islam being sole p..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
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