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....idavit in Compliance, he submits that the Ministry of Women and Children Affairs has already proposed an effective amendment to the Nari-O-Shishu Nirjatan Daman Ain 2000 by way of incorporating a new provision “Section 10(Ka)” after section 10. He submits that since the proposed amendmen...... us. The community must also be told how best to protect themselves.”
3. In the above mentioned order, this court also expressed concern over limitations and inefficiencies of the existing laws to deal with the situation which had blown out of proportion and further directed respondent No..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
.... effective and meaningful, but it does not mean its abrogation or destruction or a change resulting in the loss of its original identity and character. In the case of amendment of a Constitutional provision, 'amendment' should be that which accords with the intention of the makers of the Constit...... the makers of the Constitution. Vide 41 DLR (AD) 165…………………(26) In Oxford's Advanced Learners Dictionary the word 'amendment' means a change or improvement that is made to a law or a document; the process of changing a law or a document. In KJ Aiyar's Judicial Dictionary ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
.... appearing for the petitioner submits that in the present case the decree holder-bank without selling first the borrower’s property attracted the property of the third party mortgagor violating the provision of section 6(5) of the Ain and that the executing Court issued certificate without assessi......same on 29.9.2009; that he has come to this Court after one year from registration and transfer of the mortgaged property only to drag the matter and deprive these respondents from enjoyment of their lawful property, which they purchased from the bank for valuable consideration; that the plaint in T..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
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: .......8.2005. Therefore the initiation of the second execution case on 1.11.2006 i.e. after expiry of one year as prescribed in section 28 (3) of the Artha Rin Adalat Ain, 2003 is hopelessly barred by the law of special limitation and as such it is liable to be rejected. The warrant of arrest issued agai..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.......lack marks on the throat of the deceased, Shilpi Khatun. Nearly, 1% months ago that Shilpi Khatun was given in marriage with the accused Noor Islam. After marriage Shilpi Khatun went to her father-in-law's house twice with her husband, Noor Islam. After completing the pleasure trip in her father-in-..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)
....ren Act, 1974, Penal Code, Nari-o-Shishu Nirjatan Daman Ain, 2000. However, we fail to see how any incident of corporal punishment inflicted upon a student in any educational institution attracts the provision of the Nari-o-Shishu Nirjatan Daman Ain, 2000. Respondent No.1 further produced the inquir......ith their statutory and constitutional duties to take effective measures to prevent the imposition of corporal punishment of children in educational institutions including by the framing of necessary laws/guidelines, or to investigate such allegations, or to prosecute and punish those found responsi..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....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 ..................................Appellant Vs. 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 ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....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...... is a relationship of husband and wife between them. 11. According to Mulla there is an 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 pers..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....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 ......eferred the instant Appeal with the leave of this Court.
Leave was granted to consider the following grounds:
(I) whether the respondent No. 1-She Shipping Lines Limited is a loanee at law, because of (1) the loan agreement entered into between the petitioner and the respondent No.1 o..
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)
....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......nd participants and therefore, the doctrine of mutuality is applicable for the petitioner. In another perverse finding the tribunal held that the petitioner and the Respondents under misconception of law and without understanding the true and actual intent of the objects and the scope of the objec..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 ......রঃ/০৮/৭৩১(২) dated 19-11-2008 (Annexure-'1') cancelling the admission of the petitioners from Sher-e-Bangla Agricultural University, Dhaka should not be declared to be without lawful authority and of no legal effect and why the respondent Nos. 2-5 should not be directed ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....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. ......il Petition for Leave to Appeal before this Court. 6. Leave was granted to consider the following points: (I) whether the learned Single Judge of the High Court Division erred in law in failing to notice that the agreement of lease (Exhibit A) is a void agreement, being hit..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)
.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......rred. 4. It appears that after observing long formalities, the Solicitor Wing sent the record to the office of the Attorney General on 6.4.2006 and the learned Attorney General assigned one of his law officers on 23.4.2006 to prepare and move the Civil Revision within the period of limitation. Th..Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....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...... municipality; Provided that this provision shall not affect a licence already issued for any ward; and (e) in other case, not more than one union." 5. In view of the said provision of law vide which a legal right has been accrued upon the petitioner he has filed an application before..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......cts of the said Election Committee declaring the election result dated 25-6-2008 regarding formation of the Managing Committee of Tangail Central Co-operative Bank Limited is not maintainable in law and, as such, the same is liable to be declared to have been made without lawful authority. ..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....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......sion 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 Special Judge, D..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....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......y;gin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in question purchased by the petit..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....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......y;gin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in question purchased by the petit..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....e Division held that after attainment of the decree in finality the judgment debtor has no right to redeem the mortgaged property and, that the power under section 57 is only available when the other provisions of the Ain are not exhaustive. 12. In the present case the writ petitioner is not clai......tha Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....the public'. This type of litigation was invoked almost for the weaker sections of people and in areas where there was violation of human rights under Article 21 of the Constitution of India, which provision is in verbatim with Article 32 of our Constitution which provides 'No person shall be depr......ents who made several representations to the appropriate authorities and agencies including the respondent Nos.2 and 3, the Department of Environments for taking effective measures against such unlawful, irregular, environmentally hazardous and arbitrary decision and action of the said writ re..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
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