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Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......ndent No.2) under any circumstances should be allowed to upgrade their family members or themselves from Economy class to Executive class since they enjoy the benefit /privilege of getting yearly, free and concessional air passage facility at a much reduced price. 7. Mr. Murshid in additio......ho are at serial No.13 of the Warrant of Precedence, upon denying to provide the same privilege to other high profile state dignitaries above serial No. 13 of the Warrant of Precedence, as appears from Annexure- A, should not be declared to have been taken without lawful authority and is of no l...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......y.”
13. The respondent No. 5 has filed an affidavit in
opposition figuring the following statement:
Although medical treatment may qualify as a fundamental
right, entitlement to “free” medical treatment is not a right guaranteed under
the constitution of the People’s Republ......uty of the
government to give full support for arranging better treatment in the
government hospitals. The user fees are being increased time to time. Not only
that, after collecting the user fees from the patients, the hospital authorities
are distributing the fund amongst the doctors, nurses a......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......10 of the Constitution which also reads as under:— "10. A socialist economic system shall be established with a view to ensuring the attainment of a just and egalitarian society, free from the exploitation of man by man. 13. Referring to the aforesaid provision of the Const......compromise was effected in between the parties and Rezia Begum the plaintiff No.1 of that suit put the signature on behalf of his three minor children i.e. defendant Nos.2-4 upon obtaining permission from the Court and in that compromise petition the plaintiffs ultimately relinquished their cla......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
....ess amongst the people about
their rights etc. The organization is engaged in promoting and defending human
rights and standings by the victims of human rights violations. It also works
to protect environment and the healthcare of the citizens.
3. The person that represents the petitioner in......s. The respondents are liable for their
negligence. They have not taken sufficient precautions to protect car park at Karwanbazar
to keep traffic moving. Without any precautions to keep traffic jam free at the
area the respondent has plunged the city dwellers to hazardous situation, in
violation......affic jam free at the
area the respondent has plunged the city dwellers to hazardous situation, in
violation of their fundamental rights.
8. The petitioner has claimed that it receives no fund from
abroad or from any citizen of the country except the lawyer members and that due
to present h......can be treated as a public interest litigation, and the
necessity of swearing any affidavit can be dispensed with.
The office is directed accordingly.
Ed.
This Case is also Reported in:..
Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......of construction can be usefully applied. It can also be applied where the meaning of the words of wider import is doubtful; but where the object of the Legislature, in using wider words, is clear and free of ambiguity, the rule of cortstruction in question cannot be pressed into service". ....... He also purchased 0.04 acre of land of plot No.933 situated contiguous to the suit plot for path way and mutated his name, paid rent and taxes to the authorities and thereafter, he was dispossessed from the 2n schedule of land taking advantage of his temporary absence from the suit land. Appellant......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ...... the plaintiff to sell the suit flat. In this regard, we may also refer to section 10 of the Contract Act. This section has clearly spelt out that all agreements are contracts if they are made by the free consent of parties competent to contract for a lawful object and are not ''hereby expressly dec...... price of the above flat was fixed at Taka 30, 00,000. A tripartite agreement was executed accordingly. The plaintiff paid a sum of taka 8, 00,000 (eight lac) to defendant No.2 in 6(six) installments from 1-5-2000 to 2-6-2001. The plaintiff found the flat small in size in comparison with her need. S......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......it No. 4 was filed by the Purchaser for specific performance of the said agreement. The two title suits were heard analogously and disposed of by a single judgment; the two First Appeals arising therefrom were heard together and disposed of by the single judgment impugned herein. Hence, both the app...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special 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: 64 DLR (HCD) (2012) 1. ......igating Officer. There is no restriction in the matter of prosecuting an offender on such belated police report. There is no reason to think that the alleged offender shall get opportunity to go scot free due to such irregularity in the investigation process. So, we do not find substance on thi......band, namely, Mominur Rahman. Tarek Rahman was made "Settlor" of the Zia Orphanage Trust. On 13-11-93, the accused as Prime Minster gave approval for withdrawal of Tk. 2,33,33,500 from the account of the Orphanage fund by a cheque and gave it to Zia Orphanage Trust, Bogra, which ......eed with the impugned Special 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: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......med innocence must be moderated by the pragmatic need to make criminal justice potent and realistic. A balance has to be struck between chance possibilities as good enough to set the delinquent free and chopping the logic of preponderant probability to punish marginal innocents". This is the c......ping the logic of preponderant probability to punish marginal innocents". This is the conception of "fair trial" or "fair deal" in our legal system. All stages of criminal proceeding in our country from arrest to Appeal touch the individual in vital matters. Since a criminal trial involves human i......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ...... Evidence of interested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disi......ence of interested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disintere......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......tion It is well settled that a conviction can be based only on the sole testimony of a single witness. Mere interestedness is no ground to reject the testimony of a witness, if the testimony is free from doubt. ............. ......(30) The conviction may be given relying on the evidence o...... It is well settled that a conviction can be based only on the sole testimony of a single witness. Mere interestedness is no ground to reject the testimony of a witness, if the testimony is free from doubt. ............. ......(30) The conviction may be given relying on the evidence of a s......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... that such purchase cannot be questioned as they acquired good title as per provision of President Order No.16 of 1972 because when the property vested in the Government it vested with its entirety free from any encumbrances as such, title of added respondent Nos.11-14 is perfect title. It appear......in Ahmed and Shameem Akter, daughter of Maulvi Nurul Islam added themselves as respondent Nos.11-14 by this Court 's order dated 5-7-2000 and 24-3-2010. These respondents are purchasers for value from plaintiff appellate when the suit was pending before the Lower Court having claim title and p...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......emove waste from the bank of Buriganga through a Special team and shall set up sign posters on the bank of the river so that the people can be made aware of the frantic scenario that shall loom if freestyle carnage on the river continues. This respondent shall file compliance report every 3 mont......out realising how their activities will entail dissipation. They are pouring into the river industrial wastes, sewers, contaminated substances, deadly droppings, waste food etc. Hazardods chemicals from Hazaribagh ternaries are exacerbating the pathogen. It has been diluted with all kinds of bane......r adjudication, issued on 04.05.2010 was in following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the inaction of the respondents to stop pollution of water of Buriganga river, shall not be declared illegal and without lawful authority a..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......on No.4773 of 2007 stated that there has been a history of dispute and mistrust between different directors and share-holders of the respondent No.1 company, which is very likely to jeopardize a free and fair election of directors of the respondent No.1 company. The petitioner also mentioned th......ders In the Companies Act, 1994, there is no restriction or prohibition in classifying two groups of shareholders – sponsor shareholders and public subscriber mutually debarring each group from participating in election of directors of other group. If the legislature had otherwise intenti......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......ssion of acquired vested property without a partition suit, inasmuch as, all subsisting right, title interest in the acquired part of land stand extinguished and vest absolutely in the acquiring body free from all encumbrances on and from Gazette Notification dated 31 May 1951, under section 5(7) of......Ordinance, 1970 without demarcating the lands by metes and bounds by a properly constituted partition suit and whether the High Court Division is justified in restraining the Government and the RAJUK from removing the unauthorized constructions till the disputed property is partitioned by the civil ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ...... before 8/9 years back. She denied the suggestion that before 3-4 months back Badsha took her daughter Mariam to the house of her grand mother’s house and thereafter she came back and there was free mixing with Mariam and Badsha. She categorically denied the suggestion that out of enmity the m......, as a result he could not file appeal in due time and as such he preferred the instant application under Section 561A of the Code of Criminal Procedure upon which rule was issued. 3. It appears from the record that one Md. Alauddin Bepari, Son of Late Reaz Uddin Bepari, of village-Konoiyadda, ......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....ere under, to look into issues, such as, the alleviation of poverty, saving the oppressed from the high-handedness of the influential people, maintenance of law and order, encroachments in the river, environmental pollution or excesses or laches and negligence or recklessness on the part of the conc......amental Rights of the people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, shall be guaranteed. These are n......is life or limb. This Article casts a duty upon the State to protect the dignity of its citizens.
7. Similarly, Article 14 enjoins upon the State to emancipate the backward section of the people from all forms of exploitation.
8. Part III of our Constitution guarantees Fundamental Rights o......look into issues, such as, the alleviation of poverty, saving the oppressed from the high-handedness of the influential people, maintenance of law and order, encroachments in the river, environmental pollution or excesses or laches and negligence or recklessness on the part of the concerned indiffer..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......man Ain, when the victim herself in her deposition, recorded under section 22 of the Nari-O-Shishu Nirjatan Daman Ain, as well as her statement recorded in court has clearly conferred that she on her free will went out of her house and married to the accused Suman and like to stay with her husband a...... intention and confined her since he was busy on searching it was delayed in lodging the FIR. On 8.4.10 the accused Md. Suman Ahmed was arrested by the police and the victim Rafika Rani was recovered from his custody and the victim was placed before the court for recording a statement under section ...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......1, 42, 42A, 42B and 44 of the East Bengal State Acquisition and Tenancy Rules, 1955 and consider them in juxtaposition with each other. “30. Objection: Blank forms of objection shall be supplied free-of charge, and all objections shall as far as practicable, he made in such forms. Along with th......hatian No.942, but their names were recorded separately during Revisional Survey (R.S. record). Subsequently, the mother of the petitioner, namely Begum Rahima Hossain transferred .1650 acres of land from R.S. Plot No.5306 appertaining to R.S. Khatian No.2100 corresponding to SA Khatian No.942 to th......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
....ly, domestic child labourers work much longer hours than other groups of child labourers. They also encounter various types of abuse more frequently the other groups....... [P]rivate homes are closed environments that could expose domestic workers to be victims of exploitation as well as to physical......more common in the domestic child labourers in the nonlabourers and other categories of labourers. This might be explained by the degree of control exerted by their employers and the lack of personal freedom. Additionally, domestic child labourers work much longer hours than other groups of child la......ant 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 every sphere.
5. The ......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].
..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
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