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Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....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]. ......workers has been brought to our notice by BNWLA, which is an established and reputed organization of women lawyers, who deal with empowerment of women and welfare of children, and protection of their rights. An incident of physical violence against a child domestic worker has been highlighted as rep..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

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: ......rtgaged property in favour of the judgment debtor. This is a well settled principle of law that after confirmation of sale of any mortgaged property in due process of law, the mortgagor loses his all rights and interest over the property. Lat a copy of the judgment be communicated to the concer..

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

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

....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. ......cted to formulate guidelines, or issue policy statements or specific legislations, to address the issue of sexual abuse, sexual harassment, eve-teasing, stalking in order to protect and safeguard the rights of the women and girls in our society in their homes and on their way to and from educational..

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

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....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. ......bject matter about which limitation has been imposed by the other provisions of the Constitution. In other words, the Plenary Powers of legislation of the Parliament are limited by the fundamental rights guaranteed by Part III of the Constitution. Therefore, Parliament cannot enact any legislati..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

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. ......ute and punish those found responsible and also provide redress to those affected. Both the petitioners have a long established track record in undertaking public interest litigation for securing the rights of the most marginalised and discriminated persons of the community. Rule Nisi was issued on ..

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

Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)

....Tula-samma Vs. V. Sesha Reddi (Dead) By L. Rs, AIR 1977 SC 1944, it was observed, "Under the Shastric Hindu Law, a mar­riage, unlike a marriage 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 uni......s 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 dimensions ..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....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.   ......old us responsible at any time for violation of the terms and conditions of the said Contract and/or the said Loan Agree­ment. 5) That this undertaking shall be without any prejudice to your rights and claims against us or as to your loans and we hereby confirm that we shall continue to rep..

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)

.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ...... 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, amend, vary or rescind ava..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

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. ...... State or a local authori­ty or public authority or executive excess causes a legal injury to a specific class or group of individuals or a public injury or public wrong or infraction of fundamental rights affecting a number of people is involved the exercise of jurisdiction by Court is justiciable..

Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258

Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)

....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. ......i-4 constituency violating Article 12 and Article 18 of the guidelines of the Election Commission for the conduct of elections to Parliament and thereby most illegally deprived him of his fundamental rights, violating the provisions of RPO 1972 the Returning Officer validated the candidature of Nuru..

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

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

.... (2011) HCD 36, 8LG (2011) HCD 1. ...... respondents No.3 to 5 in accordance with the provisions of the Factories Act, 1965 and why such activity should not be declared as illegal and unconstitutional, being in violation of the fundamental rights guaranteed under Articles 27 and 31 of the Constitution and why they should not be directed t..

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

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... Food Industries Corporation Regulations, 1989, being a colourable exercise of power for collateral purposes and for frustrating earlier judicial proceedings and being violative of the fundamental rights of the petitioner as well as the principle of natural justice should not be declared as ille..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)

....ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ......wn long before. Section 2(2) of the Code define decree as 'decree' means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controver­sy in the suit and m..

Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... report any information regarding the occurrence or likely occurrence of such incidents should not be declared to be without lawful authority and is of no legal effect and or violative of fundamental rights as guaranteed under Articles 27, 31, 32, 35(5) and 43 of the Constitution and why the respond..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

.... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ......ution. VAT is exempted from treatment and health service as per 2nd schedule but due to insertions of the word purpose of the exemption has been frustrated and it is also violative of the fundamental rights of the writ-petitioners as guaranteed by the Constitution. The writ-petitioners in different ..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

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

....it with prayer that 'a decree be passed directing defendant No.1 and 2 to execute and register the sale deed in question in favour of the plaintiff in respect of the property in suit on accepting the contractual sale money less than the amount already paid as earnest money and defendant No.1 be dire......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 . ..

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

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......that on 22.11.99 the Assistant Commissioner (Land) refused to accept the rents from them on the plea that the names of the predecessors of the plaintiffs were not rightly recorded in R.S. record of rights and hence the suit. 3. The opposite party No.1 entered appearance in the suit and file..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ...... formally lifted, became vested properties and the Government may treat such properties as enemy or vested properties and take over possession thereof in accordance with law subject to the legitimate rights of co-owners, co-sharers and bona fide transferees in lawful possession therein. But before a..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

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. ...... set at naught merely by reason of an averment which requires detailed examination and strict in 1952, long after the decision of the learned Judge, and we do not think that it can affect substantive rights without its being made retrospect before it can be accepted. The new rule was either expressl..

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

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....on  any  Bank Guarantee.  The Appellate Division observed— "The decisions show that court will not interfere by granting an injunction from per­forming or discharging the contractual obli­gations. Such is the case here. The letter of guarantee was given in this case by......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4