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Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......at she may be self-reliant in future. It is further stated that respondent No. 3 is also taking steps to make people aware by making publicity so that maid-servants and other similarly placed working persons get protection from the State functionaries by making enforcement of fundamental rights in e..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......which expired long before and in that view of the matter the writ petition has become infructuous. More so, the Rule is directed against a private bank, which does not fall within the definition of a person or authority under article 102 of the Constitution. Although Bangladesh is made a respondent ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162

Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......t last on 5-2-2009, it was dishonoured for insufficiency of fund in the account of the draw­er with as added remark that joint signature was required. On 8-2-2009 at about 7-00 PM, the com­plainant personally approached the accused-peti­tioner to get the amount of money for which the 'cheque was ..

Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361

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. ......r. Meah Md. Kausar Alam, learned Advocate for the petitioners submitted that in order to constitute an offence under section 138 of the Act read with section 140 thereof a cheque has to be drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..

Category: Others | Date: 3 Feb, 2011 | Hits: 4

Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)

....ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ......nt would present the memo of appeal before the High Court Division within the time as prescribed in rule 84……..................(8) Decision of Registrar no bar for appeal If a person whether juristic or natural is aggrieved by a decision of the Registrar of Trade Marks, can p..

Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183

Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579.   ......therein issuing warrant of arrest against the petitioner is also illegal and, as such, the petitioner cannot be termed as a fugitive. 9. Moreover the term 'fugitive' disqualify­ing a person to get any relief from the Court is applicable for criminal proceedings. But the Artha Rin Su..

Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2

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.......n. This being not so in the case of such a gift, the requirement of a registered instrument would seen to be redundant. On the other hand, if there is no oral gift but by an unregistered instrument a person seeks to made a gift of immovable properly, it must be registered. When the per­formance of ..

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)

.... 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: ......ank not to proceed against the petitioner - company. This writ petition is directed in disguise against a private bank. It is well settled that a private bank does not fall within the definition of a person or authority under article 102 of the constitution…………………………… (para 7 &..

Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......able and pleasant to an American or British female of young age, it may be unpleasant and harmful to a Bangladeshi female of the same age because of cultural difference and/or the relationship of the person doing the teasing. Teasing of younger sister-in-law is a common phenomenon in Bangladesh and ..

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. ......ill not be bound by such act and that object or purpose shall be ultra vires of the company. The expression is used to mean any act performed in excess of the powers of the authority or the person who performs the act. The ultra vires doctrine is not confined to cases of plain excess of p..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)

....r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... the order passed therein issuing warrant of arrest against the petitioner is also illegal and as such the petitioner cannot be termed as a fugitive. Moreover, the term ‘fugitive’ disqualifying a person to get any relief from the Court is applicable for criminal proceedings. But the Artha Rin Su..

Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305

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

....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.......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..

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)

.... 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. ......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 ..

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. ......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..

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. ......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..

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.   ......ite contract executed on 29-11-1980 by the petitioner-BSRS, respondent No.1-She Shipping Lines f Limited and the respondent No.5-builder, Rajdhani Ship Building and Engineering Works Limited, (3) the personal guarantees and Demand, Promissory Notes etc. executed by its directors for Taka 42,00,000 w..

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. ...... 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 ..

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

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           ......d to balance 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..

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

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.   ...... 2010. Result: The Rule is made absolute. Issuance of Nikah Registrar licence on regular basis Rule 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,..

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. ......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..

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189