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Md. Didarul Hasan Vs. State, 2006, 35 CLC (HCD)
....in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ...... be at liberty to cancel the bail of the accused petitioner. Before parting with the decision we must make it clear that in any case under Nari-O-Shishu Nirjatan Daman Ain, 2000 which being a special law, bail can be granted upon hearing the informant or complainant or to the effect the state. In Na..Category: Women and Children | Date: 25 May, 2006 | Hits: 26
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....ch is prima-facie unwarranted misconceived and contrary to law and justice and as such not sustainable. The learned advocate further submits that the Tribunal utterly failed to appreciate the amended provision of section 10(Kha) of the Nari-O-Shishu Nirjatan Daman (Amendment) Ain, 2003 and the ratio...... required she may be released in her custody. The father of the principal accused Md. Emdad Miah filed another application praying for releasing the victim girl in his custody as alleged as father-in-law stating that she had gone out with his son Rabiul Hasan freely and voluntarily and married him o..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....id accused person…………………………………(31)
Writ
jurisdiction and question of fact
Whether anyone has
violated any of the terms and conditions of the agreement or any provision of
law or not is also a disputed question of fact which cannot be decided in writ
jurisd......m a contract, the express or implied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking th..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....leaners and Data Entry Assistants for 90 days and subsequently they were extended 4th/5th time and lastly extended until 18.04.2004. It is also stated that the petitioners have quoted the relevant provisions in respect of Academic Qualification for the overhaul and other trades, it is stated tha......ause as to why the aforesaid decision and order dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka respondent no.1, in the I.R.O. cases, shall not be declared to have been made without lawful authority and to be of no legal effect and or such other or further order or orders passed ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....ding against the MPs of the Seventh Parliament (Annexure-D). 4. It is further stated in the petition that all the concerned members of the Parliament drew their allowances in accordance with the provisions of the Members of the Parliament (Salaries and Allowances) (Amendment) Act, 1992. 5.......icle 65 The Members of Parliament (Salaries and Allowances) Order, 1973, (President’s Order No. 28 of 1973) 1. Bangladesh is a Sovereign Democratic Republic, governed by the Government of laws and not of men. 2. The people of Bangladesh are the owners of this country and all functio..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....ove it is clear that the impugned order of suspension was not made by any competent authority nor it was followed by a departmental proceeding against the petitioner. 180 days as provided by the provisions of law as quoted above requiring the proceeding to be completed within 180 days have......ow cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect th..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
.... and mind are weakened day by day, and ultimately, he cannot lead a normal life. To save our future generation from the addiction of narcotic drug, the act of 1990 was promulgated providing stringent provisions for the production, consumption, transportation, possession, sale, purchase, control and ......on 8 August, 2001. This statement speaks volume as to his sincerity to unfold the real offenders or accomplices. He visited the place of occurrence after 10 days of the alleged recovery, although the law requires that the witnesses should be examined and their statements, if necessary, be recor..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....ted laws and principles governing amendment of plaint. Studied the order impugned in Revision Petition. 7. Laws regulating amendment of pleading is engrafted in Rule 17 of Order 6 of The Code. The provisions embodied in Order 6, Rule 17 of The Code constitute a Rule of Procedure advancing a remed......evision Petition as Annexures. Explored grounds pressed into service in support of Revision Petition. Took a mental note of the submissions advanced from the side of plaintiffs-petitioners. Ruminated laws and principles governing amendment of plaint. Studied the order impugned in Revision Petition. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......ars 7 months old on the date of alleged marriage on 01.08.2005 and under the circumstances consent of a minor girl in alleged marriage was quite immaterial and such consent has no force in the eye of law. In the nikah nama dated 01.08.2005 the age of victim Mahabuba Delwar has been shown as 18 years..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....n Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Daman Ain, 2000 as amended. The complainant appellant may seek legal r......r the complainant appellant submits that the impugned order of dismissing the complaint petition under section 27 of Nari-O-Shishu Nirjatan Daman Ain, 2000 was without jurisdiction as well as without lawful authority and the depositions of witnesses recorded by the Magistrate during enquiry clearly ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....section (2), the Act does not provide for any consequence for failure of the trial court to conclude the trial within one hundred and twenty days. Accordingly the High Court Division held that this provision is not mandatory rather directory. 5. The High Court Division further held that the ......ce arrested him on 29.01.2000 as it appears from record. The petitioner did not file any appeal against the order of conviction and sentence within the statutory period of limitation as provided by law. Later on the petitioner filed an application under the section 561A of the Code of Criminal Pro..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ...... been on leave from 23.8.2001-1.9.2001. 15. P.W.8 Md. Monsur Ali, an employee of Agrani Bank, Bataichari Barra Branch provided Version that on the order of the authority he had gone to father-in law' s house of Gouri Deb and Gouri handed over key and a petition to him and he placed those to Man..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....s no power to impose a condition at all when it grants bail to an accused and even the Tribunal is not competent to accept any offer of a condition rendered by the accused in granting bail beyond the provision of law. 9. We find that a condition for the bail must be quite reasonable and can be co......he impugned order asking the accused-petitioner to withdraw the aforesaid civil suit as a condition of his release on bail. 5. We have heard the learned Counsel in support of the Rule arguing that law does not permit attaching such a condition to bail. The learned Advocate has drawn our attention..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....nt to the police station for lodging F.I.R., but no case was recorded and therefore, the complainant obliged to file the petition of complainant directly to the Court. In the Ain there is no specific provision of recording statement of the complainant before taking cognizance of the offence for asce...... Court two certificates regarding the age of the victim. After filing of the instant case, accused Hannan filed a case against them. He added that his daughter was kept in the house of his brother-in-law Habib, fromwhere the accused again kidnapped her. He proved the petition of complaint as Exht.1 ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......ced money and the courts below ought to have allowed the 2nd mortgage which no courts below did. He further submitted that both the courts below committed illegality in putting the present suit under law of res judicata though the earlier suit for declaration, of title and khash possession and the p..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....er that both the plaintiff Mrs. Inge Flatz and her constituted Attorney, Mohsin Darbar died and thus the suit property is vested in the government, as Mrs. Inge Flatz had no heir in accordance with provision of law viz Bangladesh vesting of property and assets order 1972 and in accordance with A......s possible; that if the defendant No.1 caused any undue delay to effect the registration of the sale deed, the plaintiff would have the liberty to get the sale deed registered in accordance with law and that as the price of the suit property would be paid in foreign currency, the plaintiff app..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....21 Rule 58
he will not make any submission as this Court in other cases decided the point
stating that section 32(2) of the Artha Rin Adalat Ain, 2003 is not
unconstitutional. But pointing out the provision of section 32(1) he has
contended that since there is clear indication that the decree ......udge of
the Artha Rin Adalat ought to have firstly given a decision requiring the
petitioner to furnish security on a given date affording the petitioner opportunity
to fulfil the requirement of law. The discretion of the Adalat in giving such
opportunity has not been curtailed by the legisl..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......hin the period of limitation and as such the suit is also barred by limitation and this finding having been based on proper appreciation of evidence on record the learned Single Judge erred in law in not holding that the suit is barred by limitation and the last submission that the courts ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....
Vs.
M/S. Marinar Fashions Wear Pvt. Ltd. and others……………………………………..Respondent
Judgment
December 7, 2005.
Result:
The Appeal is allowed.
When specific provision is not available in the Act i.e. the Artho Rin Adalat Ain, 2003 enabling the Artho Rin Cou......rtha Rin Execution Case No.1 of 2003, rejecting an application under Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-ho..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....Mr. Rahman submits that the Courts below,
particularly the appellate Court below being last Court of facts, failed to
find that the order of dismissal has been passed in violation of the mandatory
provisions of the aforesaid regulations of the Board. He also argues that no
prior approval of her ......ining order of her dismissal to her
surprise. The order of her dismissal having been passed illegally without
service of any show cause notice, giving her any opportunity of being heard and
beyond lawful authority and in violation of Rules and Regulations of
Non-Government Intermediate College..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
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