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Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....s of their parents’ eyes’. All over the world, childless parents crave for them and the lucky ones who have children dote over them and yet it seems there comes a time when the parents impose all sorts of punishment upon their children either directly or indirectly, as will be apparent from the ......es, scapegoats, threatens, scares or ridicules the child. Parents rebuke and chastise their own children for all sorts of behaviour which is not to their liking. In fact children bear the brunt of so-called disciplinary action from everyone older in age or bigger in size. Corporal punishment imposed...... of Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others, in Writ Petition No.5863 of 2009. By judgment delivered on 08.07.2010, it was held essentially that the trial of any offence and imposition of penalties may only be done by established courts and tribunal......ildren, whether by parents or schools. ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....aat Ahmed J Md. Habibul Gani J State.........................................................Appellant Vs. Alam......................................................Condemned-Prisoners Judgment January 11, 2011. Cases Referred to- Dilawar Singh Vs. State o...... 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. ......at variance with those of other witnesses. This, he argues, makes the FIR unreliable. Furthermore, it is alleged that the investigation of the case was held in a perfunctory manner vitiating the very trial. 4. Mr. Islam submits that most blatant of the discrepancies in the depositions of the ey...... Alam......................................................Condemned-Prisoners Judgment January 11, 2011. Cases Referred to- Dilawar Singh Vs. State of Delhi, AIR 2007 (SC) 3234 and Thulia Kali Vs. The State of Tamil Nadu, AIR 1973 (SC), 501; State of Maharashtra Vs. Raju Bhask..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....a holy union for the performance of religious duties. It is a sacrament for the purification of the body from inherited taint. It is not a contract. Of course the marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. Codification ......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. ......sence of P.W.4. Exhibit-1-voter-list shows that the defendant has been shown as the husband of the plaintiff and they have also joint photograph as husband and wife marked as Exhibit-3. Both the trial court and the court of appeal below as the final court of facts on consideration of both oral ...... is also Reported in: 66 DLR (AD) (2014) 104. ..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....ey; that the respondent Nos.1 and 2 are not responsible for payment of loan money.
4. The learned Subordinate Judge, Commercial Court No.2, Dhaka found the appellant and the respondent No.5 solely liable for breach of contract and frustration of the project and by the judgment and order da......ondent No.5, builder encashed payment of second installment. PW 1 in cross-examination stated that after importation of the engines they came to know that these were second-hand engines and then they called explanation from the respondent No.5 and in reply, the respondent No.5 stated that with the a......r 13, 2010.
Result:
The appeal is allowed.
Bangladesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the inst......ue CJ
Md. Muzammel Hossain J
SK Sinha J
Bangladesh Shilpa Rin Sangstha (BS-RS)...............Appellant
Vs.
She Shipping Judgment Lines Limited and others............Respondents
Judgment
December 13, 2010.
Result:
The ..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....scind available under Section 21 of the General Clauses Act does not include the authority to take away a validly acquired right. It is well-settled that Fraud Vitiates Everything and by that reason, they should not be allowed to enjoy its Fruit - In the instant case, it cannot be said tha......লে ভর্তি বাতিল বলিয়া গণ্য হইবে।” 37. Suffice it to say that the petitioners resorted to fraud and forgery at the time of their so-called admission to the university at their own peril. 38. It appears that Mr. MK Rahman ...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ...... ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....el Hossain J. - This appeal by leave is directed against the judgment and order dated 20-8-2000 passed by a Single Bench of the High Court Division in Civil Revision No.2948 of 1999 making the Rule absolute and reversing the judgment and decree dated 15-6-1999 passed by the learned Subordinate Judge......ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......are liable to be evicted by giving notice under section 106 of the Transfer of Property Act, 1882 which is attracted in the facts and circumstances of the case. On perusal of the judgment of the trial Court it appears that the learned Judge of SCC Court has found that admittedly the appellants ......ted in: 66 DLR (AD) (2014) 100. ..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
.... State and another……………………………Opposite-Parties Judgment December 1, 2010. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); Section 561A The Penal ...... predicated upon conjectures, surmises and speculations. Her involvement in the case as an abettor entails a journey into the minds of the Investigating Officers concerned, an exercise fraught with uncalledfor and unwarranted consequence. Having regard to the facts and circumstances of the case, it ......r in the case as an abettor has been made in a vacuum………………….(25) Every case is a bundle of facts and those facts will be thrashed out during the trial of the case…………………………(29......Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another……………………………O..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....al 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 public spirited person or......n. Learned Chief Justice concluded his argument observing as under: "So, the petitioner can not move the High Court Division under Article 102 of the Constitution to protect the interest of the so-called less fortunate people in the society." 13. In Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DL......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. ......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ms. Syeda Rizwana Hasan...............................Appellant Vs. Bangladesh and others...................................Respondents Judgment November 8, 2010. Result..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....te and another……………………….......................Opposite-Parties Judgment November 2, 2010. Result: The Rule is made absolute. Lawyers Involved: None appears—For the Petitioner. Abdur Rezaque ......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......8/420 of the Penal Code after recording initial statementof the complainant under section 200 of the Code of Criminal Proceeding procedure. Thereafter, the Chief Judicial Magistrate sent the case for trial and the accused-petitioner submitted an application under section 241A for his discharge, but ......6 DLR (HCD) (2014) 114 ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....2 for an amount of Taka 20,00,000 and cheque No.1474215 dated 11-6-2002 for an amount of Taka 10,00,000 and misappropriated the same without spending for the interest of Muktijoddha. 4. It was also stated in the alleged FIR that prior to resignation from the post of Chairman, Redwan Ahmed paid ......any order as to cost. However, during trial the petitioner shall continue on bail 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. ...... 7-10-2007, Mahanagar Senior Special Judge, Dhaka took cognizance against the petitioner and co-accused Shah Alam Chowdhury and then transmitted the case record to the Senior Special Judge, Dhaka for trial who registered the same as Metro Bishesh Case No.133 of 2007. The case was then pending for fr......Result: The Rule is discharged. Cases Referred to- Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81; 21 BLD (AD) 10; ACC Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290 and 295; Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233; and Md. Nazimuddin Chairman Vs. Gover..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
....orney General-For the respondents. Suo Motu Rule No.15 of 2010. Judgment Md. Imman Ali J. - A report in the Daily Star published on 29.09.2010 under the caption “Keep child prisoners in correction centres instead of jails” was brought to the notice of this Court and a Suo M......without lawful authority and are to be removed from prison forthwith. 13. With the above observations and directions, the Rule is disposed of. The direction to produce the children is hereby recalled. 14. The Registrar, Supreme Court of Bangladesh is hereby directed to send a copy of t......flict with the law, is to be found in the Children Act, 1974. It is a fundamental aspect of the Children Act that children are not to be kept in custody within the prisons, during the pendency of any trial of the child. The law permits the Court to enlarge any child alleged to have committed a non-b......nt: Md. Imman Ali J Obaidul Hassan J The State.....................................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ......................Respondents Judgment October 25, 2010. Result: ..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....arassment and tortious liability Sexual harassment has a devastating effect on both the economic opportunities and the physical and emotional well-being of working woman. Victim suffers from insomnia, depression, nervousness, fear, feeling of powerlessness and other symptoms of psychological......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. ......nsible for such sexual harassment and bullying caused to the plaintiff-respondent are all questions of facts and can only be decided on the evidence to be adduced by the concerned parties in the trial of the case. Moreover, question of vicarious liability of the defendant-petitioner-company ......d............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be terme..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....an Tribunal, Rajbari in the Nari-o-Shishu Case No.336 of 2004, convicting the appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2003 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for 6(s......ri Police Station, on 29-8-2004, alleging that on 14-8-2004, at about 5-00 PM, her daughter Mosammat Lipi, aged about 6 years, while playing with Reshma, Misti and Khushi of the same age, the accused called her daughter saying that he would give her sugar-cane. By saying that, the accused took her d...... the accused, has submitted charge sheet, number 187 on 21-11-2004, under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain against the convict-appellant. 4. Thereafter the case being ready for trial, it was sent to the Nari-o-Shishu Nirjatan Daman Tribunal, Rajbari (the Tribunal), wherein it ......Premsing, 2009 CrLJ (SC) 786; Sheikh Zakir Vs. State of Bihar, AIR 1983 (SC) 911; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-Ge..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....nd against the provisions of the constitution and the Representation of the People Order, 1972 because only the valid candidate has the right to withdraw his candidature or his agent can do so under Article 16(1). Returning Officer by refusing to allocate a symbol to him and withdrawi...... petition is not maintainable as the Respondent No.1 was not a contesting candidate or a candidate at all. Under Article 49(1) of the Representation of the People Order, 1972, no election can be called in question except by an election petition presented by "a candidate for that election i......n which the entire suit may be disposed of it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a complicated trial of the issue of fact requiring much time and involving heavy expenditure. The mandatory p...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Kazi Mahmud J Nurul Majid Mahmood Humayun ....................Petitioner Vs. Brigadier General Hassan PSC (Rtd.) and others……Respondents Judgment October 7, 2010. Result: The lea..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....g the supply of the products and Ring Distribution informed that they deliver the products upon receiving it from the petitioner, who deducts 5% Income Tax from the commission of Ring Distribution at source. Therefore, notice declares that it is evident that Ring Distribution and the petitioner coll...... as per Notification No.2(1) Mobile/Mushak-Basto:Sheba & Aab:/99/1237 dated 11.11.2002 and submits VAT Return accordingly. The petitioner issued three copies of VAT Challan with internal document called RF (Requisition Form) from its sales point and handed it over to distributors. A distributor ......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......sh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....There is no dispute that victim Sheuli Begum died in the house of the accused-respondent as a result of injuries. Dr. Md. Akramuzzaman (P.W.8) performing autopsy found as many as 5 injuries on the person of the victim and opined that the death was due to shock and hemorrhage at a result of injuries ......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......th June, 2008 of a Division Bench of the High Court Division in Death Reference No.125 of 2004 and Jail Appeal No.967 of 2004 with Criminal Appeal No.3278 of 2004. 3. Accused-respondent was put on trial before the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Sirajgonj to face charge under section......Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No.52 of 2009. (From the judgment and order dated 30.6.2008 passed by the High Court Division in Death Reference No.125 of 2004 with C..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
.... they did not adduce any evidence. The learned Sessions Judge on consideration of the evidence on record found the respondent No.1 guilty under section 302 of the Penal Code and sentenced him to imprisonment for life with fine, and other accused guilty under sections 302/201 of the Penal Code and se......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......us imprisonment with fine. On appeal from the said judgment and order, a Division Bench of the High Court Division by the impugned judgment acquitted the accused-respondents of the charges. 4. The trial Court on consideration of the evidence of Md. Rashid Uddin Sheikh (P.W.1), Ajmat Kha (P.W.4), ......airul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State...................................................................Petitioner Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is gra..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... represented by the Secretary, Ministry of Labour and Manpower, Bangladesh Secretariat, Dhaka and others….............Respondents Judgment September 5, 2010. Result: The Rule is made absolute. Cases Referred To- HM Ershad Vs. Bangladesh, 21 BLD (AD) 69 and State Vs. Metropolitan...... Act or of any rules, regulations or schemes. 323. National Council for Industrial health and Safety.- (1) The Government may, by notification in the official Gazette, constitute a Council, to be called the National Council for Industrial Health and Safety. (2) The Council shall consist of th......f doing the work of inspection properly and adequately. By a further affidavit-in-opposition dated 02.08.2010, respondent No.2 has brought to our notice the formation of the National Council for Industrial Health and Safety (জাতীয় শিল্প স্বাস্থ্য ও নির...... ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....and others.........................Petitioners Vs. Artha Ain Adalat No.4, Dhaka and others.................Responded Judgment August 23, 2010. Result: The rule is made absolute. Cases Referred to- Abul Khair Miah Vs. Abdul Latif Sarker, 32 DLR (AD) 167. L......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......ty being CC (Hypo) LTR loan facility which has already been adjusted, but the Uttara Bank refused to return personal guarantee and mortgaged property. 4. At one stage, in the course of trial, the petitioner tried to exclude their names from the case, whereupon the Adalat by order date......ed in: 65 DLR (HCD) (2013) 205 ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....uring 1.16 acres of land of S.A. Khatian No.92 belonged to Rabeya Khatun. Wazed Ali and others transferred 0.98 acres of land to the plaintiff who purchased on 6.5.1969 in the benami of his minor son, defendant No.1 and got possession. Plaintiff transferred the said land to Khidir Gazi on 1.6.1......ecree passed by the Court of appeal below affirming the judgment and decree passed by the trial Court is hereby upheld. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case ......ing both the parties and perusing the evidence on record by his judgment and decree dated 22.2.2004 (decree drawn on 29.2.2004) dismissed the appeal affirming the judgment and decree passed by the trial Court. 9. The defendant No.1 being aggrieved by and dissatisfied with the impugned judg...... ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
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