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.... there are numerous cases, where the workers do not receive any payment even when payment has been agreed between the employers and the domestic employee or his/her parent and yet the employee has no legal redress for the non-payment of his or her wages. The learned advocate submits that it is appar......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].
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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)
....the help of bad people attempted to dispossess the plaintiff from the suit land on 15-9-2009 and thereafter, the defendant Nos. 1-3 in connivance with the defendant Nos. 4-6 on 26-7-2009 at 9-10 AM illegally entered into the suit land and also tried to evict the employees of Monikrishna Sen Trust. H......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)
....8-2-2009 at about 7-00 PM, the comÂplainant personally approached the accused-petiÂtioner to get the amount of money for which the 'cheque was issued. But he refused to pay. As such, on 25-2-2009 a legal notice was issued on the accused-petitioner and it was duly received by him on 19-3-2009. But ......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)
.... 2, 77, 79,245 drawn on an account maintained with the bank. The cheque having been presented for encashment was dishonoured on 28-12-2008. Then on 25-1-2009 the bank through its lawyer served a legal notice upon the accused-petitioners who on receipt of the notice took back the cheque on 24-3-...... 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
Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)
....he writ petition, circular dated 24.3.2010 (annex -B to the writ petition) and the impugned order. It appears that the impugned order rejecting the petitioner’s application does not suffer from any legal infirmity. The executing Court had nothing to do with the said circular, or to give effect to ...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
.... the Petitioner. Joynul Abedin with Md. Sagir Hossain, Advocates-For the Respondents. Writ Petition No. 801 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question the proceedings......and the last one for injunction, which the Court allowed by order dated 19.8.2010 and added the auction purchaser as respondent No.4 issuing a Rule upon him, and also directed the parties to maintain status quo in respect of possession and position of the property in question. Thereafter respondent ..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....of the Artha Rin Adalat Ain, 2003 is hopelessly barred by the law of special limitation and, as such, it is liable , to be rejected. The warrant of arrest issued against the petitioner, in an illegal execution proceeding, is also illegal. 6. On the other hand, Mr. Md. Mozibur Rahma......er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579. ..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....: ......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....vely with a direction to run both the sentences concurrently. Though the impugned judgment and order was appealable, the petitioner could not prefer criminal appeal before this Court for lack of legal advice as no Advocate was engaged on behalf of the petitioner to conduct the trial of the case......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
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
.... against the petitioners and the claim raised in the notice is correct there are all questions of facts to be determined by a competent court in due course of trail, if the notice giver bank goes for legal action. But at this stage its access of justice cannot be denied by gagging the legal noticeâ€...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....s (ICESCR) [article 2(2)].
The Convention on the Elimination of All Forms of Discrimination 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 complet......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.
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Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....e 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 flagrant excess of authority. Unless the courts are able to develop doctrines of t......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)
....m, Advocates-For the Petitioner. Mrs. Fowzia Karim Firoze - For the Respondents. Writ Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.......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
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....on 28 (3) of the Artha Rin Adalat Ain, 2003 is hopelessly barred by the law of special limitation and as such it is liable to be rejected. The warrant of arrest issued against the petitioner, in an illegal execution proceeding, is also illegal. 6. On the other hand Mr. Md. Mozibur Rahman Miah, ......r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....Procedure as he was absconding. At this stage, all the condemned prisoners except the absconding accused Aaizel @ Aazu @ Azizul Haque @ Azizur have said that they are quite innocent and that Police illegally arrested them in connection with this case and by inflicting physical torture and showing th......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141...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)
....ing by the framing of necessary laws/guidelines, or to investigate such allegations, or to prosecute and punish those found responsible, should not be declared to be without lawful authority or of no legal effect and/or unconstitutional being in violation of the fundamental rights guaranteed under A...... 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
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
..... It is a sacrament for the purification of the body from inherited taint. It is not a contract. Of course the marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. Codification of Hindu Law In view of the modern social dimen......ance. In consequence of these varying problems being faced by the Hindu Community in this Country where the society has advanced and the women are also very much conscious about their rights and status in respect of marriage, divorce, inheritance, we believe time has come to think about the soc..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....ms against us or as to your loans and we hereby confirm that we shall continue to repay your loans till liquidation thereof in terms of the Loan Agreement irrespective of any out come /result of such legal actions proceedings,
6. This undertaking is additional and nothing/herein contained shall......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.
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Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....entiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once it has taken legal effect and certain rights are created in favour of any individual. The power to add to, a...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....shy;ises. Section 23 of the Contract Act, 1872 precisely provides that the consideration or object of an agreement is lawful unless it is forbidden by law. Therefore no suit lies to enforce an illegal contract. According to section 10 of the Premises Rent Control Act, 1991 the respondent&r...... the agreement of lease (Exhibit A) is a void agreement, being hit by section 10 of the Premises Rent Control Act, 1991 read with section 23 of the Contract Act, 1872 in consequence of which the status of the tenants becomes that of a monthly tenant as per the pro-position laid down by their Lo..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
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