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Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)

....perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......tuted Artha Rin Suit No.777 of 2004 in Artha Rin Adalat No.4, Dhaka for recovery of loan amounting to Taka 6,69,706/- (six lac sixty-nine thousand seven hundred six) only against the petitioner’s parents Taimur Ali and Nasira Bibi. The suit was ultimately decreed ex parte on 22.3.2005 (decree sign..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....s place of residence or place of business or work or any other place frequented by the female; v) keeping the female under surveillance; vi) acting in any other way that could reasonably be expected to arouse apprehension or fear in the female for her own safety or the safety of her family......ce. The sordid incidents of so called “eve teasing” have been taking place with numerous frequency all over the country including the streets, homes, neighbourhood areas, transports, different stations, cinema halls, amusement parks, schools, colleges, universities, working places and ot..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....th possible explanation for such abnormality. An omnibus statement that the death was due to asphyxia resulting from strangulation which was ante-mortem and homicidal in nature are not enough and not expected from the-medical persons who are presumed to be experts. They ought to be specific in their......e by the condemned-prisoners appear to us to be true and voluntary and there is nothing to disbelieve those statements. From the aforesaid confessional statements of the condemned-prisoners it is apparent that the victim, Shilpi Khatun was done to death after she was gang-raped by the condemned pris..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

.... upon the children must be prohibited in all settings including schools, homes and work places. Children who are subjected to corporal punishment or indeed psychological and emotional abuse cannot be expected to develop freely and properly and will not be able to give their best to this society. We .......................................Respondents Judgment January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of India and another, AIR 2001 (Delhi) 21..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)

....ned Sub­ordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ...... kabalas dated 31-8-1994, 28-9-1994 and 02-11-1994 and got delivery of possession. Prior to their purchase, the defendants were ten­ants in respect of the suit premises, a shop room, at a monthly rent of Taka 200 payable according to Gregorian Calendar under an agreement dated 26-2-1987; that fo..

Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....and the convict and in that arbitration the P.W.2 was fined Taka 500/-, awarded in favour of the convict. 17. We find that the P.W.1 is not an eye wit­ness. However, in a case like rape it is not expected that the offence would be committed in presence of any person. Rather, it would be committe......ed in favour of the convict, and, as such, out of that enmity they have falsely implicated the convict accused in this case. He also submits that, the victim being a minor girl of six years it as inherently improbable to commit rape on her and that her deposition and the statement made before the Ma..

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)

....the petitioner-respondent No.1 has been determined. The general Rule of judicial procedure is that a suit should not be disposed of in-part on an issue only causing delay in disposing the same. It is expected that in a suit all issues should be heard together and disposed of by one judgment so that ......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ..

Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

.... fishing and fish processing industry, the metal manufacturing industry etc. He also points out that children are handed over to certain employers on payment of lump sum of money and the children are expected to work for those employers until that money is considered repaid, which is locally known a......r work within the factories. Dr. Naim submitted that the Factories Act, 1965 was abolished by the Labour Act, 2006, but all the relevant provisions have been re-enacted in sections 51 to 60 of the current law. With regard to the age of workers, section 2(Ka) of the Factories Act described as “adol..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....e learned advocate appearing for the convicts. We find no substance in this submission.  38. The victim rural girl aged about 16-17, subjected to gang rape by three grown up persons cannot be expected to have any force to-resist the convicts, committing rape on her in a pre-planed way to her......e home stead of Rehana (i.e. of Jalil), one is being used by the accused Jamal and his wife the accused Rehana (the east bhiti hut wherein rape was committed) and another being used by Jamal's parent (Jalil Mollah and his wife). She gave description of the place of occurrence. She also stated t..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ...... letter dated 22-10-1997, plaintiff requested defendant to draw up the formal agreement and intimated his readiness to pay of the balance consideration, but defendant No.1 deferred the matter on different pleas. On 12-3-1998 plaintiff send a letter under registered post requesting defendant No.1 to ..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......d possession of the plaintiff in the suit land was subsisting as owner against the government and others impleaded as defendants in the suit. The suit land origi­nally belonged to Jaminder the ex-rent receivers and while they were in khas posses­sion with title gave pattan of the suit land t..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

..... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made available before the trial Court. ........................

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ....... In this way the heirs of Abdul Karim sold their 421/2 decimals of land. The plaintiff No.1 has owned .64 decimals of .land by way of purchase and gift. The plaintiffs mutated their names and paid rent to the Government and tax to the Municipality and they got Gas line, Water line and paid all ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....stee can be removed by the Court in a proper judicial proceeding. It has been observed by the judicial committee in Gulgari Lai Vs. Etah, 35 CWN 699, that "the standard of rectitude and accuracy expected from every trustee of charitable fund is of the highest, and that standard must, in all cir...... that the Baishnaba sects are performing the seba puja of Sree Krishna, who are not legally entitled to perform Shashan Kalimata puja. The learned Advocate has also taken us to Rived wherein the different sects of Hindu Community and their mode of performing different types of seba puja have been na..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)

.... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......e No.1 of 2005 on 1.1.2005 in the Court of Assistant Judge, Second Court and House Rent Controller, Dhaka under House Rent Control Act, 1991 against the petitioner praying for directing him to accept rent on granting rent receipt. 3. The petitioner appearing in the said case took several adjour..

Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

.... explanation given by the learned Chief Judicial Magistrate, Sylhet to be appropriate and satisfactory, inasmuch as he has admitted that he did not read the order of this Court properly, which is not expected from a judicial officer of his rank and status. He must be more careful in future, when dea......rovisions of section 17 of the Children Act, 1974 and section 14(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000] was allegedly raped by her neighbour and distant relative [identity withheld]. The parents of the girl, after getting treatment for her from a local clinic, took her for better treatmen..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......eted his Masters in Economies, entered the erstwhile Pakistan Civil Service in 1965. Thereafter, he did his PhD. He served with distinction as a teacher of Dhaka University, Banks, Consultant of different international organisations and after his retirement from the government service as Secretary, ..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

.... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ......#39; x 6" situated in holding No.68 of Shakhari Bazar, Dhaka. 3. Plaintiffs case put in a nutshell are that the defendant was inducted in the suit premis­es as his tenant fixing monthly rent of Tk. 400/- to be paid within 10th of following month as per Bengali Calendar. Subsequently th..

Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

.... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     .......6.1997 and 15.6.1997 re­spectively and delivering possession thereof to the defendant No.1. Lokman Hossain Sarder also transferred his other lands in fa­vour of the plaintiff Nos.1-5 by different deeds. The defendant No.1 after getting the suit land through the aforesaid Heba-bil-ewaz deeds..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ...... ground, taken by the Respondent No.2, develops his argu­ment on two fold counts. In the first count he argues that in the earlier Writ Petition No.7316 of 2003 the cause was completely dif­ferent as from the instant writ petition, since in the earlier writ petition the petitioner prayed for..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2