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Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ides that ever a parent or guardian of a minor is not exempted from punishment or a child marriage. The parent or guardian of such minor is liable for similar punishment as that applicable the person/persons mentioned in section-5 of the Act of 1929. 19. The learned Advocate for the petitioner f......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......t the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 128

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....he suit land was gifted by the then Hindu Jaminder in favour of the plaintiff at the request of some cultural minded people of the locality. In support of the plaintiff’s case, it has examined four persons as  witnesses. It has also adduced and proved certain documents before the trial court whic......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ...... President, Coronation Hall Committee and Deputy Commissioner, Khulna…......Petitioner (Defendant-Appellant) Vs. Executive Committee, Khulna & others.................Opposite Parties (Plaintiff-Respondents) Judgment August 8, 2011. Cases Referred To- Abdul Kader Vs. Abdulla......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ..

Category: Property Law | Date: | Hits: 89

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....ed in the deed of trust. An employment notice was published in the Daily New Age on 7-12-2003 by the Ministry of Power, Energy and Mineral Resources inviting applications from qualified and intending persons to fill up the posts of the Chairman and the Members of the BERC. 5. In the supplementary......of the petitioner, it has been stated that the Ministry of Power, Energy and Mine­ral Resources published an employment notice in the Daily Star on 19-8-2010 inviting applications from qualified and interested Bangladeshi citizens for appointment as Member of the BERC. 6. The respondent No.2 has......s to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...

Category: Employment/Service Law | Date: | Hits: 92

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......Syed Alamgir Faruk Chowdhury per chance also happens to be a Government servant, but the aforesaid impugned order (Annexure‑E) has been passed by him in his private capacity (reasonably as a person interested in sports) as an Arbitration Tribunal appointed by the Bangladesh Football Federation whi...... the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..

Category: Constitutional Law | Date: | Hits: 165

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....at by Bill No.154 he has misappropriated Tk. 18,254.00 on account of printing of forms but nothing has been produced before the trial Court to show that actually there was no printing of forms as the persons responsible or who were incharge of the forms and stationeries were not examined before the ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ...... appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..

Category: Criminal Law | Date: | Hits: 84

Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)

....an application under section 115 of the Code of Civil Procedure at the instance of the defendants is directed against the order passed on 6.1.88 by the Subordinate Judge, 2nd Court, Khulna adding two persons as opposite parties in Misc. Case No.28 of 1982 under Order 9 rule 9 of the Code arising out......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......irection of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ..

Category: Procedural Law | Date: | Hits: 77

Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)

....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......idering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369...

Category: Employment/Service Law | Date: | Hits: 59

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....d by way of partition on the basis of purchase as per registered kabala marked Ext.1‑C. 4. Facts as set up in the plaint may briefly be put thus: The land in suit was owned and possessed by 6 persons namely Abdul Aziz, Abdur Razzak, Dalema Bibi and Defendants 1‑3 on equal shares on the str......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......Khan, Advocate ‑ For the Appellants. Mian Abdul Gofur, Advocate‑For the Respondent No.1. Second Appeal No. 624 of 1968. Judgment Syed Fazle Ahmed J.- This Second Appeal is directed against the judgment and decree passed by Additional District Judge, 3rd Court, Dhaka in Title Appeal N......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

.... an element of fraud. Further, neither of the two sisters named above appeared before the trial Court to support the alleged transfer effected on the basis of sale deed Ext. A. They are the competent persons to say if consideration was duly passed or not and if possession of the land covered by Ext....... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......r as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..

Category: Property Law | Date: | Hits: 91

Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)

....ed on such complaint. Process under sections 147, 323 and 447 of the Penal Code was issued by the Magistrate. 3. The allegation of the complainant, who is opposite party No.2 here, is that accused persons (numbering item total six) out of previous enmity started quarrel with P.W.1 Eshaque on 20.4......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77...

Category: Criminal Law | Date: | Hits: 79

Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)

....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......hout any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..

Category: Employment/Service Law | Date: | Hits: 82

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....st in the BUET; but the respondents refused to forward the application to that foreign University (see Annexure C dated 19.10.86). In July, 1988 respondent No.1 invited application from the qualified persons for filling up the post of Professor of Computer Science and Engineering requiring the appli......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ......the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ..

Category: Employment/Service Law | Date: | Hits: 155

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....ce the petitioner Nos.2‑5 are consenting parties and since they have been aggrieved for non‑fulfilment of the terms, of the agreements by the respondent No.1 they are also considered as aggrieved persons to come before this Court under section 38 of the Companies Act. 29. Mr. Ishtiaq Ahmed fu......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ...... in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..

Category: Company Law | Date: | Hits: 159

Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....lar issued vide Memo No.1/93/87 dated 24.5.87, intimating all the Embassies of Bangladesh abroad about cancellation of the passports of the petitioner and for inclusion of his name in the list of the persons, who would not be given the privilege of contained in Annexure‑D to the petition. 2. Fa......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......ts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ...... within the country or in leaving his own country and travelling in alien territory and re‑entering his own country is vital human liberty, whether such travelling is for the purpose of recreation, education, trade or employment or to escape from arty environment in which his other liberties are s..

Category: Constitutional Law | Date: | Hits: 288

Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)

....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ...... This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ..

Category: Civil Law | Date: | Hits: 84

Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)

....he suit was filed for redemption of the mortgaged properties of the company, the plaint was not signed by the prop­er person authorized to sign the same thus the com­pany did not file the suit. The persons who subse­quently got themselves impleaded as plaintiffs did not purchase any property from...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..

Category: Civil Law | Date: | Hits: 86

Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)

.... The fact of the decision reported in 32 CrLJ 950 is founded on different facts than the case before us. In that case the Sessions Judge while hearing a revision against the conviction of the accused persons directed further inquiry with direction to the Magistrate to summon and examine such witness...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..

Category: Criminal Law | Date: | Hits: 78

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....ion restoring the possession as it was between the parties at the time of the institution of the suit. 15. From an examination of the provision of Ordinance XXIV of 1970 it appears that thereunder persons to be evicted are persons who are unauthorised in possession of Government property or prope......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......e Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Bangladesh Mukti Judda Kallyan Trust…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 199......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..

Category: Property Law | Date: | Hits: 389

Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)

....n from doing so understanding that he had no mens rea in violating the court's order but just misread the rule issued by the Court which is a shame. He would be ad­vised to take proper guidance from persons who would have knowledge, may be from the District Judge of the District concerned in this r......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21....... Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21.......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21...

Category: Criminal Law | Date: | Hits: 84

Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)

....liament until and unless such elected person enters upon such office by making and subscribing an oath or affirmation accordance with the Third Schedule of the Constitution and, therefore, only those persons elected to the Parliament under clause (2) of Article 65 who have made and subscribed the af...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......arliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..

Category: Constitutional Law | Date: | Hits: 164