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....irection should not he given upon them to consider the case of the petitioner for promotion to the post of Deputy Director in General Administrative Cadre of Bangladesh Water Development Board as per provision of Rules applicable to his service. 2. The short facts of the case of the petitioner, is t......irected against the respondents to show cause as to why the action of the respondents in not considering the case of the petitioner for promotion should not be declared to have been taken without any lawful authority and is of no legal effect and why a direction should not he given upon them to cons..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....spondents Judgment November 5, 2008. Result: The Rule is made absolute without any order as to cost. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) Whether the provisions of civil imprisonment under section 34 (2) of the Artha Rin Adalat Ain 2003 is applicable...... by the learned Judge of the Artha Rin Adalat No. 1, Rajbari, in Artha Rin Execution Case No. 13 of 2005 arising out of Artha Rin Suit No. 45 of 2004, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 29-..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
....mes into being a policy of marine insurance relating to
that ship on the terms of the club's rules.
The rules of most, if at all, P&I clubs
contain what is commonly called "pay to be paid" provision. That is a
provision, capable of being expressed in a variety of different terms which
s...... primarily highlighted the fact that in issuing the
Letters of Guarantee the two P&I clubs have by that reason automatically
brought themselves under the purview of both statutory and common outlaw
standards that define and govern the tripartite relationship between a
guarantor, a creditor a..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... committal proceeding under section 6 of the Act. 12. Admittedly, no committal proceeding has been initiated because of total lack of ignoÂrance of the Ministry of Home Affairs about the relevant provisions of the Act. Although there was no extradition treaty with Kuwait, the Government could ex......n, son of Farid Miah alias Sabid Miah now detained at Noakhali District Jail should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner. 2. The facts leading to the issuance of the Rule, in b..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
....t part of the corpus juris of the State unless these are incorporated in the municipal legislation. However, the court can look into these conventions and covenants as an aid to interpretation of the provisions of the provisions of Part III, particularly to determine the rights implicit in the right...... that, the Rule Nisi was heard on merit.
3. The facts leading to the issuance of the Rule, in brief, are:
The Bangladesh Jatiyo Mohila Ainjibi Samity (in short, BJMAS) is a group of lawyers providing legal aid to women and children. In 1979, BJMAS started trafficking research, advo..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
.... of 1994); section 193
Refusal by the Registrar of the Joint Stock Companies and jurisdiction of the High Court Division
Section 193 of the Companies Act, 1994 has not been articulated as a provision,
which comes under the ambit of the Company Bench of the High Court Division of
Banglade......k Companies and Firms, to show cause as to why the impugned letter dated
8-8-2006 directing the petitioner to take the shelter of legal proceeding
should not be declared to have been issued without lawful authority and is of
no legal effect and why a direction should not be given to the responden..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....Rule came up for hearing/ we issued a notice as contemplated under Order XXVIIA of the Code of Civil Procedure to the Attorney-General to appear and assist the Court in the interpretation of relevant provisions of the Constitution for Appointment of Judges in the Supreme Court of Bangladesh. 3.......ticles such as Article 94(4) and 116A mandates the independence of judiciary. Independence of judiciary and supremacy are further consolidated by the Constitution in Article 111 by providing that the law declared by the Supreme Court of Bangladesh is binding on all Courts subordinate to it and that ..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....half of the added respondent No.2-A.C.C. submits that the acÂcused-appellant was convicted under the Anti-Corruption Commission Act, 2004 and the Emergency Powers Rules, 2007 and that there is no provision for granting bail by the High Court Division in a pending appeal. Mr. Rahman submits that......) years and to pay a fine of Tk. 10,00,000/- in default to suffer rigorous imprisonment for 1(one) year and also confisÂcated the properties acquired through imÂproper means, disproportionate to lawful source of income in the name of the appellant and both the sentences shall run consecuÂtive..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
.... 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisions laid down in Chapter XIV of Part-V of the Code of Criminal Procedure. Sections 42 ক ক......olice of the offences punishable under this Act will not override by any provisions under this Act. for this reason, an application for quashing the proceedings are not the correct exposition of law. Case Referred to- Kali Pada Sana Vs. The State, 1985 BLD (AD) 278. Lawyers Invol..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......in favour of the defendant No.5. Thereafter settled the rest land i.e. the land of Schedule-3 land to the plaint remained as khas land which was vested to the Government by due operation of law. During S.A. operation the said land was recorded in R.S. Plot No.106 an area of 1.39 acres and ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....e and no phensidyl as alleged by the prosecution was recovered from the possession of the convict petitioner and, thus, this is a case of no evidence. The learned advocate referring the relevant provision of law under section 25B(2) of the Special Powers Act submits that the offence is punishab......sidyl as alleged by the prosecution was recovered from the possession of the convict petitioner and, thus, this is a case of no evidence. The learned advocate referring the relevant provision of law under section 25B(2) of the Special Powers Act submits that the offence is punishable with impri..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
.... guardians lead the child astray, then it is they who are liable and not the child. 13. The Legislature should consider amending the Children Act, 1974 or formulating new laws giving effect to the provisions of the UNCRC, as is the mandate of that Convention upon the signatories. 14. The use o......ation of the child within the family and so as to enable him/her to assume a constructive role in society. 12. Due consideration must be given to the fact that children come into conflict with the law due to failure of their parents/ guardians or the State to provide adequate facilities for their..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....ted to see the rapid and quick implementation of the award given by the arbitrators keeping in view the nature of the transaction being commercial. Mr. Amirul Islam further submitted that if the provisions of the Code are allowed to be resorted in an arbitration proceeding then the whole scheme......der section 151 of the Code the revision application is quite maintainable, consequently this Division has the jurisdiction to see as to whether the learned District Judge committed any error of law resulting in an error occasioning failure of justice in passing the same. 7. Since the poin..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....l Hannan is that he along with others committed the murder of Afazuddin, the father of the informant for which they were convicted under sections 302/34 of the Penal Code. 32. Now let us see the provision of section 302 of the Penal Code under which they were convicted by the learned Judge. Sec...... all the circumstances under which confession was made and to ascertain whether it is true and voluntary……………………(49) Principle of criminal law The cherished principles or golden thread of proof beyond reasonable doubt which runs throu..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....adesh, 30 DLR 219. Rafiqul Alam Vs. Mostafa Kamal, 42 DLR (AD) 137. 21. In the case of Kamruzzaman Vs. State reported in 1990 BLD (AD) 190 where-in it has been held: "While interpreting the provisions of a General Statute and a Special Statute, legislative intent to bring about harmoÂniou......re the Nari-o-Shishu Nirjatan Daman Tribunal, Thakurgaon and the same was also summarily rejected on 15-11-2006. SuppresÂsing these facts the complainant filed the instant case which is barred under law. After hearing, the learned Tribunal by the order dated 5-8-2007 framed charge under sections 11..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....at An application under Article 102 of the ConstiÂtution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the statute for filing appeal against such judgment and decree passed……………â€......Artha Rin Suit No.470 of 2004. 2. Material fact relevant for disposal of this Rule is that the petitioner is a Public ComÂpany Ltd by shares and is engaged in the busiÂness of banking as per law of the land having its registered office at 10, Dilkusha C/A (Jiban Bima Tower), Dhaka. The pe..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....the court an element of "frustratÂing the purpose of the suit" should be availÂable prima facie, before the court. UndoubtÂedly this frustrating element is a condition precedent for invoking the provision of SecÂtion 16A of the Ordinance i.e. unless the party seeking to invoke the provision ......sequently allowing the father Mr. Rudess Karim to retain the cusÂtody of the minor girl Radyna Karim with him erroneously, failed to consider the point that as per the Hanafi School of Mohammedan law the mother is entitled to the full custody of the girl child until the minor attain the puÂber..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....ent No. 2 under section I7 (3) (b) g) and consequently discharged him from his service under section 18 of the Employment of Labors (Standing Orders) Act but the Labors Court, without considering the provision of law, illegally set aside the impugned order issued by the petitioner, which is without ......ing upon the respondent Nos. 1 and 2 to show cause as to why the decision dated 28-5-2003 passed by respondent No. 1 in Complaint Case No. 14 of 2002 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The short facts of the case is, that the petitio..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....d and accordingly setting aside the judgment and order of conviction and senÂtence sent the case to the Magistrate having power to take cognizance for proceeding with the case in accordance with the provisions of the Code of Criminal Procedure. 39. In the case of Abdul Kader Vs. State, 11 BLC 66......llage five years before the occurrence. On their wedlock Sumi gave birth of a daughter named Tanjera. Accused Ershad with his wife Sumi and daughter Tanjera used to live in the house of his mother-in-law, informant Amena. The accused was a mason by profession. On 21-4-2004 in the mornÂing the accus..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....amount along with statutory compensation which is in conformity with the provision of section 96(3)(a) of the State Acquisition and Tenancy Act; (iii) both the Courts below misconceived the provisions of section 96(3)(a) of the State Acquisition and Tenancy Act and rejected the pre-emption......r seeking amendment of the plaint before the appellate Court allowing him to make deposit of the balance consideration money was liable to be allowed and the appellate Court has committed an error of law resulting in an error in the decision occasioning a failure of justice in rejecting the prayer f..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
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