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Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....oria Pourashava, Tecknaf Pourashava and Maheshkhali Pourashava under the District of Cox's Bazaar and also the Electoral Rolls of 2009-2010 of Maheshkhali Pourashava in accordance with law and to complete the said process within a period of 6 (six) months from the date of receipt of the judgment......D) 44. Lawyers Involved: Ahsanul Karim, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Fida M. Kamal, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent Nos. 11-13 AJ Mohammad Ali, Senior Advocate instr..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
....ion of work would be communicated later on. However, verbally the time for completion of the work was changed and extended up to 26-9-2001. As per measurement book (MB), the plaintiff-respondent No.1 completed the original Schedule work before 27-8-2001 and additional modified work within revis...... observed as follows:
"So none of the parties had intention to settle up the dispute through arbitration. It is also clear that section 10 of the Arbitration Act, 2001 does not operate as a bar against filing of the instant suit and the learned District Judge completely failed to take noti..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....cted to be paid, is called the "payee". Reading together the definition of "Banker", "Drawer", "Drawee" and "Payee" it appears to us that in order to complete a transaction within the meaning of section 138 of the Act there must be three persons......ords, they would have used the expression "to another person other than creditor bank". Creditor bank is so a banker within the meaning of clause (b) of section 3 of the Act and there is no bar in law to maintain an account by a loanee with a creditor bank which in fact happened in the ins..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
.... not specifically provided for its applicability, new law will apply prospectively, as such, Section 53E of Transfer of Property Act will apply in respect of the oral gift which will make, done and completed after the insertion of Section 53E in Transfer of Property Act i.e. from that date when Se......ted the plaint on the ground that as per provision Section 53E of the Transfer of Property Act, 1882, the oral gift is required to be supported by an affidavit which having not been done, the suit is barred by law. 5. Mr. Md. Nazrul Islam, learned Advocate, appearing for the appellant submits t..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
....ion against Women (CEDAW) 1979 is the most comprehensive treaty on women’s human right, establishing legally binding obligations to end discrimination against women. It states that the full and complete development of a country, the welfare of the world and the cause of peace require the maxim...... other public places wherever necessary. In view of the horrific turn of such events as highlighted in the writ petition, this court, upon hearing the submissions of the learned senior members of the bar present in the court, on the same day issued the following four interim directions:
“..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....of a statute . . . a law is amended when it is in whole or in part permitted to remain and something is added to, or taken from it, or it is in some way changed or altered in order to make it more complete or perfect or effective . . . an amendment is not the same as a repeal although it may ope......g into consideration that there is no specific provision in the Constitution that the candidate must belong to a particular or specific political party, nor an independent candidate has been debarred to participate in the election and that the provision of obtaining the signatures of 1% vo..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....arriage under the Mohamma-dan Law which is purely contractual in nature, is a sacrament -a religious ceremony which results in a sacred and a holy union of man and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth as a partner of her hu.......W.2 corroborated the evidence of the plaintiff P.W.1 stating that the defendant married the plaintiff in Rajshahi in his presence; that the 'Puruhit' solemnized the marriage in Kalibari Rajshahi according to Hindu Shastra and the defendant-petitioner's brother offered him; tha..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....ther they imported reconditioned engines which are now lying in the godown of the Rupali Bank and misappropriated the money. Thirty five percent of the construction of the body of the vessel had been completed on 14-3-1983. Since then no progress had been made though the date of delivery of the vess......surance Committee, (1915) 3 KB 499 and Sonali Bank Vs. M/s Karnaphuli Works Ltd, 2 BLT (AD) 78 = 46 DLR (AD) 55 .
Lawyers Involved:
AKM Nazrul Islam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellant.
Md. Aftab Hossain, Advocate-on-Record&m..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
.... and emotional well-being of working woman. Victim suffers from insomnia, depression, nervousness, fear, feeling of powerlessness and other symptoms of psychological harm which sometimes lead to a complete emotional breakdown. In consequence of this emotional breakdown and sometimes independ......work place while she was in the employment of the respondent-company. The suit is not in the nature of a suit as contemplated in section 9 of the Code of Civil Procedure, 1908 and that the suit is barred by law. The plaintiff has no cause of action to file this suit against the defendant-company..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....rther submits that Anti-Corruption Commission Rules 2007 in chapter III clearly laid down the procedures for inquiry wherein a time limit is given within the framework of which inquiry has to be completed and that being not complied with in the case of the petitioner the impugned order for inqu...... 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 embargo to make further inquiry involving the selfsame allegation if the same has been done as per Rul..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
.... entrusted with the duty to investigate into the case. Accordingly, the police duly investigated into the case, inspected the place of occurrence, seized alamots, prepared sketch map alongwith index, completed inquest, made arrangement for medical examination concerning rape as well as registered an......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
....edure, 1908 (V of 1908); Order I Rule 10(2)
Addition of party
In exceptional facts and
circumstance, if the presence of a stranger to the contract is necessary for
effective and complete adjudication of the issues and to avoid multiplicities
of suit and proceeding, he may be a......ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
.... It is alleged that the accused Pintoo Pal taking the victim Jhorna Rani forcibly from the field to his house and raped her against her will. 31. On the other hand, the defence version is the complete denial and his further case is that no such occurrence took place and he has been falsely ......ay be open to challenge…………………….(34 & 44) Can conviction be ordered on the basis of evidence of the victim in rape case? In a case of sexual offence there is no legal bar in believing the sole testimony of the prosecutix if it is found to be reliable and worthy of e..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....was effective. 7. Dr. M Zahir, learned Counsel, appearing for the added respondents reiterating and adopting the submissions of Mr. Chowdhury has submitted that the said Service Rules, 1982 is completely silent about the promotions of Sub-Assistant Engineer's who obtained BSc (Engineering) or......rvices rules did not in so many words put on end to the facilities allowed earlier as evident from the Annexures-J and J1 to the writ petition and, as such, this Service Rules, 1982 is in no way by a bar to promotion of the respondents as per circular dated 11-8-1966 which is an Administ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....was effective. 7. Dr. M Zahir, learned Counsel, appearing for the added respondents reiterating and adopting the submissions of Mr. Chowdhury has submitted that the said Service Rules, 1982 is completely silent about the promotions of Sub-Assistant Engineer's who obtained BSc (Engineering) or......rvices rules did not in so many words put on end to the facilities allowed earlier as evident from the Annexures-J and J1 to the writ petition and, as such, this Service Rules, 1982 is in no way by a bar to promotion of the respondents as per circular dated 11-8-1966 which is an Administ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... any guideline and the same has been exercised by the respondents discriminately by adopting a policy of pick and choose and the petitioners have become victim to this arbitrary policy after having completed several years of service to their credit. The learned Advocates further submit many Captai......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....iminal Appeal with the Jail Appeal is allowed. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 6 (1) Under section 6(1) of Ain, 2000, the offence must be a complete one, not an attempt. . . The offence under section 6(1) would be complete when the victim i......P.W. 6, in the morning at 8-00 AM of 17-3-2002 and having not found his son, was in search. At that time, he heard that a woman was apprehended by the local people on the brickfield of Kalam at Patkiabari with a boy. On getting this news, he went to Patkiabari brickfield at 8-30 in the morning and i..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....gal on merit but discharged the Rule on technical ground which needs interference by this Division for appropriate direction and/or order under Article 104 of the Constitution of Bangladesh for doing complete justice." 5. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the app......d amount of Taka 5, 63,685.31 and further amount of Taka 1, 01,237.50 in total Taka 6, 64,922.46. Long thereafter by impugned letter dated 2-7-1989 appellant was informed that its claim was barred under the provisions of Rule 70 of the General Rules and Schedule for working of the Chittago..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
....ecourse to relief
against the defendant Nos. 1 and 2; and
c. the defendant Nos. 1 and 2 are necessary
and proper parties to the suit and, as such, their presence is required for
effectual and complete adjudication of the real controversy involved in the
suit.
6. In enunciating the l......rtaking from the other insurers that they will bear their respective
percentages, before providing security for the entire claim. The club may also
require the owner's undertaking to be backed by a bark guarantee."
13. From the above, it is evident that each
P&I club will have their o..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....ry was elaborated by the Appellate Division in now famous case of the Secretary, Ministry of Finance vs Masdar Hossain 52 DLR (AD) 82 in which the Appellate Division issued 12 directives for ensuring complete and full separation and independence of the judiciary from the executive and legislative or......ent during this caretaker Government are presumed to be made and promulgated in exercise of the power conferred by Article 93 read with article 58E of the Constitution. Because the President is not debarred to take and execute any legislative policy under Article 93 and in view of Article 58E of the..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
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