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Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ...... they made a deed of endowment in favor of the deity. 12. In all types of endowment, the purpose of founder is clearly expressed in the sankalpa while the renunciation divests the founder of his rights in the property dedicated. The defendant is not the founder of the deity. The deed of Endowme..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......y for her education until her husband could take care of her according to law as the Hindu husband is the legal guardian of his wife whether minor or major. It is further stated that BNWLA as a human rights organization filed the application to take the custody of the victim to ensure psycho-social ..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ......mains that after their appointments they have worked in their respective posts for several months i.e. at least over a year. This, in our opinion, has created a vested right entitling them to certain rights under the law. As stated in the case of Kazimuddin (Md.) Vs. Bangladesh reported in 60 DLR (2..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

....onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ......onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ......hanam Vs. Bangla­desh in which one of us was a party, Justice MA Rashid (as he then was) while dealing with the same point observed as follows: "In the scheme of revision of a record-of-rights under section 144 of the State Acquisition and Tenancy Act, 1950 there are various stages lai..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)

....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......re not entitled to challenge the decision of the PSC when they were not selected, thirdly, the plea of non-identification of the nature of posts, as held by the High Court Division, do not impair the rights of the writ petitioners in any manner, fourthly, the PSC can recommend for recruitment of the..

Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......s contained in articles 2, 3, 6 and 12 and the concerns expressed by the Committee. Furthermore, the State party should develop a national policy on children and an integrated legal approach to child rights." In response to the second periodic report of Bangladesh Government the Committee in Octo..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

.... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ......een substantially curtailed by the Act 1991. The Act 1991, however, has not totally done away with the operation of the provisions of Transfer of Property Act but has made serious encroachment on the rights of the parities in a tenancy agreement, the right of land­lord being curtailed. 13. ..

Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ...... is a public lim­ited company against which application under Article 102 of the Constitution cannot be main­tained. The learned Advocate further submits that the respondents were well within their rights to issue the impugned letters of termination as they were empowered to do so under Regulation..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......dents to show cause as to why the respondents failed to adopt guidelines, or policy or enact proper legislations to address the issue of abuse of sexual harassment for protecting and safeguarding the rights of the women and girl children at work place, educational institutions/universities and other..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168,  29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ...... cases referred to above and come to a finding in whose custody the welfare of the detenu will be better protected. In short, the child's welfare is the supreme consideration, irrespective of the rights and wrongs of the contending parties. 17. But the fact remains that the detenu was illeg..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......apless, it is a welcome gesture. When a responsible member of the Bar comes forward to bring to the notice of the Court erroneous interpretation of the law causing infringement of a citizen’s legal rights, illegal detention and hardship, then this Court has always risen to the occasion to ensure p..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ...... reported in 1 BLC (AD)-77 strenuously argues that the petitioner may prefer writ petition for striking down the provision of statute or rules framed thereunder or any interference on his fundamental rights, but if he could obtain full relief from the Administrative Tribunal, without striking down t..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ......of any person shall be taken except in accordance with law. Article 32 provides that no person shall be deprived of life or personal liberty save in accordance with law. Those inalienable fundamental rights enshrined in the Constitution cannot not only be taken away by anybody including the parents ..

Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......ter to the Company putting it on notice of his right to some 14,283 shares of his late father MMI by way of transmission, given that the other five surviving legal heirs of MMI had relinquished their rights to these shares in favour of the Petitioner No. 1 (Annexure-‘E’). That notificati..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Professor Dr. A F M Ruhul Haq and Others Vs. Govt. of Bangladesh & Others, 2008, 37 CLC (HCD) [অধ্যাপক ড.এ, এফ, এম, রুহুল হক গং বনাম বাংলাদেশ গং, ২০০৯, ৩৭ সিএলসি (হাইকোর্ট ডিভিশন)]

....রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 27, 31 and 42 of the Constitution and/or such other or further o..

Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3

Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......er discharge of their duties or the maintenance of discipline in that force". 12. Article 45 of the Constitution has been placed under part III of the Constitution which deals with the fundamental rights of the citizens. It has been categorically provided in the aforesaid article that nothing reg..

Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33

Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 27, 31 and 42 of the Constitution and/or such other or further o..

Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

....endants in general, and the defendant Nos. 1 and 2 in particular, submit their Written Statements positively by 4-1-2009. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 244. ......at the application of that decision to these facts and circumstances is at best misconceived. It is evident that in The "Fantail" and the "Padre Island" third parties were claiming to exercise the rights of the members under the contracts of indemnity arising in turn from the contracts of marine..

Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ...... the municipal legislation. However, the court can look into these conventions and covenants as an aid to interpretation of the provisions of the provisions of Part III, particularly to determine the rights implicit in the rights like the right to life and the right to liberty, but not enumerated in..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201