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....ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
...... proceedings which was pending before the ICC Paris. So the judgment and order dated 15-5-2000 passed by the High Court Division in staying the suit cannot be sustained."
17. In view of the provisions of section 10 of the Arbitration Act, 2001 and the principles enunciated by the Apex..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
...... not produce the Memorandum and the Articles of Association of the defendant No.1 company. Dr. Zahir on behalf of the plaintiffs-respondents submits that the High Court Division having considered the provisions of section 102 of the Evidence Act to the effect that a person who alleges certain illega..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......ers and jurisdiction of a civil Court under the Code of Civil Procedure will be applicable to the Artha Rin Adalat subject to the Ain. Section 5(5) provides that the Artha Rin Adalat shall follow the provisions of the Code of Civil Procedure so far as they are not inconsistent with the provisions of..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
.... locality for the purpose of being engaged in any employment. If any middleman is involved, then his/her name and other details must be entered in the register.
7. Government is directed to ensure mandatory registration of all domestic workers by all employers engaging in their household any chil......effect a whole section of the society is being put at a disadvantage for their foreseeable future. Referring to the National Child Policy 2010, she points out that, although there are many beneficial provisions mentioned therein, there is no initiative to include the domestic workers in the definiti..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....r hand Mr. Md. Shafiquel Islam Siddique, learned Advocate appearing for the respondent-bank opposes the Rule and submits that the prescribed time for concluding an execution case under the Ain is not mandatory. The bank had made attempt to sell the mortgaged property by publishing auction notice in ......gong as respondent No.1 appears and contests the Rule by filing an affidavit-in-opposition denying the material facts of the writ petition contending inter alia, that the executing Court observed the provisions of section 34 of the Ain and in spite of attempt for sale of the mortgaged property throu..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......e Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse prescribed by specific provisions governing the issue— It is an admitted proposition that the present plaintiff-..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......hat it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one years, or w..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......his appeal by the plaintiff directed against judgment and decree dated 19-7-2010 passed by the learned Joint District Judge, 1st Court, Dhaka rejecting the plaint of Title Suit No. 308 of 2009 as per provisions of Order VII Rule 11 of the Code of Civil Procedure. 2. Appellants as plaintiffs ins..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....er seeking any direction in respect of the inaction of Bangladesh Bank is made, nor the Rule has been issued to that effect. 8. The legal notice served upon the petitioners by the creditor-bank is mandatory under section 138 of the Negotiable Instrument Act. Whether the cheques were altered, or d...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
.... the steps taken to punish the perpetrators and to prevent recurrence;
6. After consultation with the cyber café service providers, the Government shall, within a reasonable time, make it mandatory for the internet users in the Cyber Cafes to produce photo identity card. The Government w......mic discussion on eve teasing is not that much relevant in the instant matter. What is important is how it is affecting our society and how it can be contained. We have examined the existing relevant provisions in the Penal Code 1860, Nari-O-Shisho Nirjaton Daman Ain, 2000, Mobile Court Act, 2009 an..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ...... include any alteration or change for improving or creating any law or any other instrument or pleadings with special reference to court cases. . . Amendment' is a change in some of the existing provisions of a statute . . . a law is amended when it is in whole or in part permitted to remain a..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 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. ......ing not permissible, is not apparent in the Ordinance 1961, but the regulations issued under section 39(2) of the East Pakistan Intermediate and Secondary Education Ordinance, 1961 do contain certain provisions relating to indiscipline and misconduct of students and also provide for disciplinary act..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....g the condemned-prisoner’s commission of the offence. 19. There is another dimension to this case brought forth for consideration in such facts and circumstances. A case as this attracting the mandatory death sentence makes no allowance for judicial accommodation of a perfunctory investigatio......learned District Judge (In Charge) exercising jurisdiction as the Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia ("Tribunal") in Nari-o-Shishu Case No.51 of 2003. This has necessarily attracted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....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. ......ting to the law of marriage and succession in consequent thereof. It is our earnest desire and belief that a uniform and comprehensive system governing all Hindus containing a series of coherent provisions carefully considered after having gone through by eminent pundits and researchers and law..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....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.
......vision were wrong in not holding that by non-completing the project the She Shipping Lines Ltd and the Rajdhani Ship Building and Engineering Works Ltd have committed breach of contract violating the provisions of loan agreement and the tripartite contract under which they are bound to complete the ..
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)
....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. ......ny substance. 12. We have heard the learned counsel for the petitioner at length and considered his submissions. We have also heard the learned Additional Attorney-General who contending various provisions of Income Tax Ordinance and allied laws on the point made his submissions. The entire sup..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
.... duly served upon them and consequently the SCC Suit was filed against them. 10. It is the consistent view of this Division that if a tenant becomes defaulter by failing to comply with the mandatory provision of law, he always remains defaulter unless the landlord expressly waive that def......lic importance as to the interpretation of the law relating to lease of premises, in particular section 10 of the Premises Rent Control Act, 1991, section 23 of the Contract Act, 1872 and the related provisions of the Transfer of Property Act, 1882 and, as such, the appeal is liable to be allowed. ..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87. ......ule 5A of Muslim Marriages and Divorces (Registration) Rules, 1975 provides that, a person acting for at least three years as Nikah Registrar on temporary basis under rule 5(1), shall, subject to the provisions of rule 10, be illegible to be licensed as Nikah Registrar on regular basis if he fulfils..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
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. ......ruption 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 the pendency of the case in the 3rd Court of the Sp..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......Whether Wrong Declaration by the Importer has negative Impact in Due Process of Law-
Although the importer gave wrong declaration, as to the country of origin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry p..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
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