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Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....in his custody as alleged as father-in-law stating that she had gone out with his son Rabiul Hasan freely and voluntarily and married him on 20.1.2005, she having admitted his son Rabiul Hasan as her legal husband in her statement before the learned Magistrate under section 22 of the Nari-O-Shishu N......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....e to be observed by the agent is
expected in terms of the skill which an agent in his position would usually
possess and exercise. But an agent is not obliged to perform the undertaking if
it is illegal…………………………………..(24)
The
Securities and Exchange Ordinance, 19......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....ion and order dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka respondent no.1, in the I.R.O. cases, shall not be declared to have been made without lawful authority and to be of no legal effect and or such other or further order or orders passed as to this Court may seem fit and ......r years together on causal basis for more than 90 days or even a longer period as in the present case till the permanent posts are filled up, these workers called causal workers have completed the status of a probationer against permanent posts. In that view of the matter we hold that these peti..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....aulting members of Parliament, past or present, just like any of its other defaulting subscribers, otherwise, the concerned authorities themselves will be liable for dereliction of their official and legal duties………………(48) Lawyers Involved: Dr. Shahdeen Malik with Sara Hossain,......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....f suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect that the petitioner was and cont......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....speaking from recollection along, undiverted by any personal motive, or in the alternative, they should be speaking before the authority, i.e. the conditions should be such as import proper legal sanctions in case there should be variation from the truth. 6. P.W.2 stated that the seiz......e of the goods. This has been made to ensure a sense of confidence and security among the public. Whether a particular witness is respectable or independent cannot necessarily be judged from his status, but can be inferred from his conduct. If no public witness has witnessed the raids or attest..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....Order 6, Rule 17 of The Code had been fired off. 3. Civil Revision Petition had been offered a rejoinder from the side of defendant opposite party No.1 (b) by way of a Counter-Affidavit. 4. The legal debate attracting the attention of this Revisional Court is whether the amendment of the plain...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....th appears to be 14.12.1990 and she being a minor girl of 14 years 7 months on 01.08.2005 (date of alleged marriage), her consent in the said marriage would be immaterial and a minor's consent has no legal force. Accused respondent Nos. 2-4 abated the commission of offence under sections 7/30 of the......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....er Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Daman Ain, 2000 as amended. The complainant appellant may seek legal relief for offence of sexual harassment under Penal Code before regular criminal court under t......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....t shoulder posteriorty size 1" x 1" ' 3. Multiple painful diffuse swelling on the back & anterior chest wall. Evidence of P.W.10 further brings to light that he did not issue any Medico legal Certificate in respect of bone fracture injury. Evidence of P.W.10 Doctor is extracted hereund......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....s well as other evidence including school admission register as to the age of the victim. He adds that the medical report of the victim of that G.R. Case lying with the record of the present case may legally be considered. In the school admission register the father's name of the student named Nasim...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....ct Judge on consideration of the evidence on record, dismissed the suit by the impugned judgment and decree dated 16.08.2001 holding, inter alia, that the agreement for sale dated 10.08.1985 was illegal and not enforceable. 18. Being aggrieved by the aforesaid judgment and decree dated 16.0...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....
Result:
The Rule is made absolute.
The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003);
section 32
Furnishing of security under section 32 (2)
of the Act is a legal requirement. By reading sections 32(1) and (2) of the Ain together,
it can be inferred that t......tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
.... property as abandoned property under section 92 of the State Acquisition and Tenancy Act, 1950 since the whole exercise was done treating the property as secular property, which, in fact was not the legal position…………………….(15) Case Referred to- Sukumar Bose and others Vs. Aba......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
.... of the decree-holder-appellant submits that although the execution case was disposed of, furnishing a certificate of title in favour of the decree-holder but the decree-holder is entitled to further legal assistance under the ambit of Order XXI rule 98 read with Section 57 of the Act, effecting act......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the order of dismissal
from her service passed by the authority of Kanchipara College is illegal,
void, collusive, without jurisdiction and of no legal effect and is liable to
be cancelled ......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....o an established principle of law that it is not the quantity but the quality of evidence is necessary to be considered. If testimony of a single witness is found to be entirely reliable, there is no legal impediment to record conviction of the accused person on such proof. We find the evidence of P......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....nd over the management of the Cox's Bazar Pourashava Central Bus Terminal to the Cox's Bazar Zila Parishad should not be declared to have been issued/passed/made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be put thus:- 3. The petitioner......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....istent clause of 'co-exclusivity' giving rise to the monopoly and accordingly, amended the said agreement deleting the inconsistent condition for which the impugned judgment did not suffer from any illegality. 10. Certain facts detailed hereunder are relevant to resolve the issue involved in the...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
.... of RHD, under ADP allocation
or any allocation during the year 2004-2005 otherwise the petitioner will
suffer irreparable loss and injury. Therefore the malicious, discriminatory, malafide and illegal decision of the
respondents with regard to International Tender No.2 of 2004-2005 dated
9.......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
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