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Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ...... Present ABM Khalrul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Rupali Bank Ltd., Dhaka……………………………………Plaintiff Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 2011. Case Referred To- Sar......l has arisen. Appellant Rupali Bank Limited instituted a suit in the Artha Rin Adalat, Dhaka shortly, the Adalat, for realization of Tk.48, 68,970.270 against the respondents by selling the mortgaged property. The Adalat ultimately by judgment and order dated 5th February, 1997 decreed the suit in p......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....not hampered. Section 44 of the Labour Act provides as follows:
44. Exception in certain cases of employment of children:
(1) Notwithstanding anything contained in this Chapter, a child who has completed twelve years of age may be employed in such light work as not to endanger his health and d......Lawyers Association (BNWLA), represented by its Vice-President, Fahima Nasrin……….......Petitioner
Vs.
The Cabinet Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and others .........Respondents
Judgment
February 15, 2011.
Result:
The Rule is made abs......Hospital and why the respondents shall not be directed to monitor the employment of children as domestic workers, and/or such other or further order or orders passed as to this Court may seem fit and proper.
4. In due course, affidavit-in-opposition has been filed on behalf of respondent No.3, Mi......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
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ...... Present: Sheikh Abdul Awal J F.R.M. Nazmul Ahasan J Promoda Sundari Sen Kalyan Trust………………Appellants Vs. Momtaz Zafar Ahmed and Others…………………..Respondent Judgment Fe......e an application before the Artha Rin Adalat by way of filing an objection under section 32 of the Ain, 2003 against the execution of a decree passed by the Artha Rin Adalat relating to the property. ………...(38) Case Referred to- 7 ADC 291, 56 DLR (AD) 22, 10 ......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....e trial Court shall proceed with the 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: 63 DLR (HD) (2011) 137. ......ion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul-Hoque J Shah Alam (Md.)……………………......................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment February 6, ......gotiable Instruments Act, 1881, now pending in the Court of Mohanagar Additional Sessions Judge, 3rd Court, Chittagong, should not be quashed, or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceedings of the above Sessions Case w......e trial Court shall proceed with the 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: 63 DLR (HD) (2011) 137. ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
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......gned proceedings of CR Case No.4137 of 2009 under sections 138/140 of Negotiable Instruments Act, 1881, Now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. ......e Instruments Act, 1881, Now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Fact leading to the issuance of the Rule, in short, are that opposite-party No.2 as ...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ..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......in: 63 DLR (HCD) (2011) 218.......avit, this suit is barred by law and rejected the plaint. 8. Section 53E of the Transfer of Property Act speaks "Every instrument of sale, gift, mortgage and declaration of heba of any immovable property shall be supported by an affidavit by the executants affirming that he has lawful title to ......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ......pposite-Party Judgment January 26, 2011. Result: The Rule is made. In view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption u...... for 10 years and 7 years respectively with a direction to run both the sentence concurrently should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 9-9-2004 the informant along with other D......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
....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......llip;…………………Petitioner
Vs.
Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Bangladesh Secretariat, Dhaka and others……………………………&h......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
..
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...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Mahbub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petit...... plain excess of power; it also governs abuse of power, as where something is done unjustifiably, for the wrong reasons or by the wrong procedure. In law the consequences are exactly the same; an improper motive or a false step in procedure makes an administrative act just as illegal as does a f......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
.... without lawful authority. The petitioner is having his parents’ grave yards on the mortgaged land and since the execution case is still pending and registration of the certificate has not yet been completed, there is scope to release the property on payment of the remaining outstanding dues to me......t: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Hamiduzzaman……………………………………..... Petitioner Vs. The Joint District Judge, Artha Rin Adalat, Faridpur and others….... Respondents Judgment January 20, 2011. Result The Rule is disc......10 of 2004) issuing certificate of title in favour of the decree holder-bank under section 33(7) of the Artha Rin Adalat Ain, 2003 (herein after referred to ‘the Ain’) in respect of the mortgaged property. 2. Facts leading to this writ petition, in short, are that Islami Bank Bangladesh Ltd......e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......ildren, whether by parents or schools. ......ced visits should be made randomly to all schools. It was suggested that the aim of the school inspection should not only be to oversee the educational achievement of the school, but also to ensure a proper, healthy conducive educational atmosphere in all schools. 12. On 25.10.2010 respondent No...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ...... Alam......................................................Condemned-Prisoners Judgment January 11, 2011. Cases Referred to- Dilawar Singh Vs. State of Delhi, AIR 2007 (SC) 3234 and Thulia Kali Vs. The State of Tamil Nadu, AIR 1973 (SC), 501; State of Maharashtra Vs. Raju Bhask......ene are found to have been a bane for the prosecution case in this regard. Emerging from that exercise of the prosecution is rather the spectra of a concocted and contrived prosecution case that upon proper scrutiny is found deficient in establishing the culpability of the condemned-prisoner without...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
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...... is also Reported in: 66 DLR (AD) (2014) 104. ......h embodied all the necessary provisions of Hindu Law and thereby promulgated all rules of the law of marriage or custom or usage having the force of law in respect of all these matters which are properly dealt with in the Act of 1955. The Hindu Marriage Act, 1955 supersedes any other law contai......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ..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......ue CJ
Md. Muzammel Hossain J
SK Sinha J
Bangladesh Shilpa Rin Sangstha (BS-RS)...............Appellant
Vs.
She Shipping Judgment Lines Limited and others............Respondents
Judgment
December 13, 2010.
Result:
The ......nce successfully proved their case for recovery of the present outstanding loan with interest of the
Respondents as on 1-1-1984 amounting to Taka 63, 54, 326.33.
26. We also think it a proper case for awarding compensation for violation of contract by the respondents. In Sonali B......rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
...... J
Sheikh Hassan Arif J
Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions]
Vs.
The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents
Judgment
November 11, 2010.
Result:
......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......at the country of origin of the goods is Nepal, but the enquiry Committee in its report dated 25-9-2010 observed that the same are not of Nepal. She submits that since the matter is in the process of adjudication, the writ petitions are not maintainable and, as such, the petitioner should wait for t..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
...... J
Sheikh Hassan Arif J
Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions]
Vs.
The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents
Judgment
November 11, 2010.
Result:
......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......at the country of origin of the goods is Nepal, but the enquiry Committee in its report dated 25-9-2010 observed that the same are not of Nepal. She submits that since the matter is in the process of adjudication, the writ petitions are not maintainable and, as such, the petitioner should wait for t..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......iginal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- V......ag No. 459 under Mouza Dewbhoge of Police Station and District Narayanganj (more particularly described in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same f...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ms. Syeda Rizwana Hasan...............................Appellant Vs. Bangladesh and others...................................Respondents Judgment November 8, 2010. Result......t and planned future conditions, to accomplish as far as possible the most appropriate uses of the land consistent with the public interest and the safeguarding of the interests of individual property owners. A municipality may establish a comprehensive land-use plan and effectuate that ......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......6 DLR (HCD) (2014) 114 ......e No.54 of 2008 under section 408 of the Penal Code, now pending in the Court of Senior Judicial Magistrate, Nilphamari, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all proceedings of the above mentioned CR Case ......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
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......d............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be terme......re the relief claimed is undervalued and the plaintiff on being required by the Court to correct the valuation within a time to be fixed by the Court fails to do so; (c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on......dings 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: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
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