Search Options
Judgment Advanced Search
Displaying 621-640 of 7097 results.
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
.... in Rule 13 of the Durnity Daman Commission Rules, 2007 that without sanction of the Commission in respect of any schedule offence, no cognizance in the criminal proceeding can be taken. The relevant provisions of the Durnity Daman Rules, 2007 may profitably be reproduced below:— "à¦......rate shall send the petition of complaint to the Durnity Daman Commission in accordance with procedure laid down under Rules 13(3) of the Durnity Daman Bidhimala, 2007 to deal with in accordance with law. 11. Accordingly, the Rule is made absolute. The impugned proceeding is hereby quashed from..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....udge Court No.2, Dhaka, should not be declared to be without lawful authority, in as much as the transfer, as made, is in violation of Rule-18ka of the Emergency Power Rules, 2007, and since hits the provisions of Article 35 of the Constitution read with Article 26 of the Constitution. 2. Back ......mmitted on 11-6-2002 read with Section 5(2) of the Prevention of Corruption Act, 1947, nowon transfer, pending before the learned Special Judge Court No.2, Dhaka, should not be declared to be without lawful authority, in as much as the transfer, as made, is in violation of Rule-18ka of the Emergency..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
....lf and no mention is made to the effect that any prison will be a place of safety for any child. A child is defined within section 2(1) of the Children Act as any one below the age of 16. There is no provision within the Children Act or any other law which permits any judge to send a child during th...... that according to the report of the Ministry of Social Welfare there are six Safe Homes under the control and supervision of the Ministry of Social Welfare which house female children. 5. The law relating to custody of children, who have come into conflict with the law, is to be found in the..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....ourt Division and the trial Court have rightly observed that none of these four conditions is attracted in the instant case. The grounds raised by the defendant petiÂtioner do not come within the provisions of Order VII, rule 11 of the Code of Civil Procedure. In the instant case we have found ...... of weight, nausea and fatigue may occur. It hinders a woman's chances of economic prospects by reducing her performance at job. So sexual harassment definitely gives birth of a liability under the law of tort……………………………..(12) A person can be liable for tort as well an..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dule the entire loan to save himself from the clutch of loan defaulter (খেলাপী ঋণ গà§à¦°à¦¹à§€à¦¤à¦¾) as defined under section ‘৫গ গ’ of the Bank Company Act; as such the provision laid down in section 17(1) of the Act has no manner of application in the case of the peti......e as to why the impugned Memo No. BRPD(R-2)651/9(3) Kha/2009 dated 24-3-2009 under the signature of respondent No.3 (Annexure-A to the writ petition) shall not be declared to have been issued without lawful authority and is of no legal effect and ultra vires section 17(6) of the Bank Company Act, 19..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....y. As such, we do not consider that the fact that P.W.1 not being eye witness was fatal to the prosecution case. 18. We, however, find that the victim made a statement before the Magistrate as per provision of section 22 of the Ain, which has been proved by the victim (P.W. 5) as Exhibit-2. We do......ilty, the accused replied in the negative. He has also refused to adduce any evidence in support of his defence. 8. The learned Tribunal after hearing the parÂties represented by their respective lawyers and havÂing assessed the evidence on record, have found the accused guilty of the charges b..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)
....y the respondent No.3 they had taken decision to exclude his name from the Election List as they could not allocate him any symbol. The said "Paripatra 13Ka" dated 11-12-2008 is against the provisions of the Representation of the People Order, 1972 as Article 12(1) (b) clearly states ......tion Disputes" of the RPO 1972. The Respondent No.1was nominated by Jatiyo Party, which is a registered political party having a registered and reserved symbol "PLOUGH". Under the law and Rules, as amended, prior to the elections the parties are permitted to jointly and severally..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
....Judge was wrong in holding that the application filed before the Administrator of Waqf was not filed under section 32 of the Ordinance. When Mr. Zulfiqur Bulbul Chowdhury was confronted with the said provision of law he found it difficult to give reply. 5. We have gone through the provisions of......ng in holding that the application filed before the Administrator of Waqf was not filed under section 32 of the Ordinance. When Mr. Zulfiqur Bulbul Chowdhury was confronted with the said provision of law he found it difficult to give reply. 5. We have gone through the provisions of sub-section ..Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... collaborated with each other to evade tax. The Respondents alleged that the petitioner have breached Sections 3, 6, 7, 31, 32 of Act, 1991; rule 11, 17, 22 and 23 of the Value Added Tax Rules, 1991; provisions of the explanation provided by the Respondent No.1 National Board of Revenue vide explana......ondent No.2 under section 55(3) of the VAT Act, 1991 directing the petitioner to pay an amount of Tk.49,04,42,405.00 within a period of ten days should not be declared to have been issued without any lawful authority and is of no legal effect. 2. The back ground leading to the issuance of the R..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....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. ......fe sucÂcumbed to injuries and that in the absence of proper explanation no person other than her husband, the accused-respondent, is responsible for the death of the victim which is the statement of law settled by this Court, but the High Court Division on a misconception of law shifted the onus up..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... Mohammad Habibullah, the learned Counsel on behalf of Anti-Corruption Commission contended that the series of enquiries that were held against the petitioner were absolutely in keeping with the provision of the ACC Rules. He brought to our notice Rule 7(1)-(5) and contended that there was no e......ements against, the complaint made against him of being owner of a wealth of hundreds of crore of Taka in the office of Respondent No.3 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Briefly the facts necessary for disposal of the ..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....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. ......th and that the other responÂdents screened the assailant by helping him to disappear the evidence of death. 5. It is contended on behalf of the petiÂtioner that the High Court Division erred in law in acquitting the accused-responÂdents of the charges despite the fact that the prosecution has..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....rt declaring the continuous failure of the respondents to ensure healthy, hygienic and safe work place, for the workers within the ‘bidi’ factories of respondents No.3 to 5 in accordance with the provisions of the Factories Act, 1965 and why such activity should not be declared as illegal and un......he fundamental rights guaranteed under Articles 27 and 31 of the Constitution and why they should not be directed to discharge their legal duties to ensure compliance with the aforesaid provisions of law. It was further prayed that the respondents No.3, 4 and 5 be directed to provide cost of medical..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....could have been more fruitful in recovÂering the girl. By reference to a decision in the case of Ramesh Kumari Vs. State (NCT of Delhi), AIR 2006 Supreme Court 1322 he submits that undoubtÂedly the provisions of section 154(1) of the CrPC is a mandatory provision and the police cannot refuse to re......After recording the statement of the petitioner the learned Judge of the Tribunal ordered that the petition be treated as a First Information Report (FIR) and the case be startÂed in accordance with law and directed the OC of Motijheel Police Station to submit a report. The petitioner prayed before..Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....decree is passed, the defendant can file an application for setting-aside the said decree within 30 days from the date of decree or from the knowledge of the said ex parte decree, subject to the provision of sub section (3). Section (3) provides that for filing the said application, the defenda......xure-G) setting-aside the judgment and decree dated 7-8-2008 (Annexure-D and D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the rule, ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......ction under section 115 of the Code of Civil Procedure unless it can be shown that those are based upon misreading or non-consideration of evidence or founded on misconception or misapplication of law or on misinterpretation of any material document or otherwise perverse being contrary to eviden..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....n alias Alamgir under section 138 of the Negotiable Instruments Act, 1881, (the Act), alleging, amongst other, that the complainant is a commercial bank and is running its business accordÂing to the provisions of Islami Shariah, having its branches all over the country and that the Agrabad Branch i......08, but both these cheques were dishonored on the same date i.e. on 26-2-2008, due to insufficiency of fund; that demand notice was served on 02-3-2008 at the busiÂness address of the accused by the lawyer of the bank, as required under section 138(1)(b) of the Act for payment of the amount due und..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....e and the name of the rapist, as immediately after commission of the rape on her and the statement of the victim thus made before them forms part of the same transaction and are relevant facts as per provision of section 6 and 8 of the Evidence Act, 1872. 15. The deposition of P.W.3, as the eye w......after the accused Rehana Begum hooked the door by putting a chain from outside. The accuseds raped his daughter Asma Khatun by force and to commit rape on her by force the accuseds had torn out the salawore and kamiz worn, at the time, by his daughter. Hearing the sound of resistance Abdul Jalil Mol..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
...., was well beyond the 2 (two) years limitation period, prescribed by Article 36 of the first schedule of the Limitation Act, 1908. Therefore, in the facts and circumstances of the case vis-Ã -vis the provisions of Article 36 of the Limitation Act, 1908 we are of the view that the suit is barred by l......hafiuddin, the learned Advocate submits that the cause of action for the suit arose firstly on 11.9.82 but the suit was filed on 6.7.1986 and in that view of the matter the suit was clearly barred by law of limitation but the Courts below having failed to appreciate this simple question of law and t..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....and
that the same has in no way worked as a tool in passing the order of
termination under regulation 53(2). Upon placing regulation 53(2) the learned Advocate
further goes to submit that the said provision of law provides summary
procedure for removing an employee/officer of the Institute from ......d for frustrating earlier judicial proceedings and being
violative of the fundamental rights of the petitioner as well as the principle
of natural justice should not be declared as illegal, without lawful authority
and is of no legal effect.
2. Short facts
necessary for disposal of the Rule..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
93537806526786987290594387207090583951967805851152657037964286337594689285328552