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....determining factor, and that factors which may be of importance are such matters as whether the man performing the service provides his own equipment, whether he hires his own helpers, what degree of financial risk he takes, what degree of responsibility for investment and management he has, and whe...... four indicia, of a contract of service mentioned in the case of Park Vs. Wilson and Clyde Coal Co Ltd. reported in (1928) Sess. Cas 121 (at p133) derived from authorities. Those are (1) master's power of selection of his servant; (2) the payment of wages and other remuneration; (3) the master&#......
Suraiya Rahman………………….………Petitioner
Vs.
Skill Development for Underprivileged Women represented by its Project Director and ors…………………………...Respon......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......rs on behalf of the respondents. 10. Martial Law Order 9 was enacted on 601 April, 1982 in pursuance of a proclamation dated 24th March, 1982 by which the Chief Martial Law Administrator assumed power to remove any person without assigning any reason thereof if he was of the opinion that the re......d others………………………………….Respondents Judgment July 31, 1996. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed alias Swapan Vs. Bangladesh and others, 1993 BLD (AD) 17; Principal Secret......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......the prayer of the Court sub‑inspector and the application in revision pending before the Sessions Judge was dropped on the prayer of the complainant. It was held by their Lordships that there is no power in a Magistrate to revive the proceedings, which have come to an end by passing an order of di......rs.........................Petitioners Vs. State........................Opposite Party Judgment November 22, 1994. Result: The Rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Swalal Agarwala and State, 14 DLR (SC) 96; Nazrul Islam Vs. State, 35......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......strar shall not register a divorce of the kind known as talaq‑i-tafwooz except on the production of a document registered under the Registration Act (XVI of 1908) by which the husband delegated the power of divorce to the wife or an attested copy of an entry in the register of marriage showing tha......r J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred to- Ganhar Vs. Mrs. Ghulam Fating and another PLD 1984 Lahore, 124; Mrs. Parveen Chowdhmry Vs. 6t......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
.... competent to entertain a counter claim under the provision of Order 8, rule 6(1) of the Civil Procedure Code. If we examine the scheme and the other provisions of the Act we find that it is only the financial institutions as defined in section 2(Ka) which are entitled to institute a case in the Art...... damages and compensation. 5. The plaintiff petitioner on 19.10.91 filed an application in the trial Court for rejecting the prayer of counter claim on the ground that Artha Rin Adalat Ain, 1990 empowers only Bank and some other specified Financial Institutions to institute suit for recovery of l......irul Islam J Sonali Bank...........................................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to- Mr. Zahlrul Islam Vs. National bank Ltd. and others in CPSLA No. 251 and 318 of 1993 1994 (11......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.....................Respondent July 3, 1994. Result: The Criminal Appeal No.548 of 1992 and Criminal Appeal No.494 of 1992 are allowed. Case Referred to- State Vs. Abdur Rahim Sikder, 10 DLR 61. Lawyers Involved: &nbs......the process of sexual intercourse. The other discrepancy is about who committed the rape first and was followed by whom and this sequence of the process of rape, according to Mr. Farid Ahmed, learned Panel lawyer for the State, is immaterial, because in a gang rape there is no one to stop a criminal..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
.... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
......einstatement of the petitioner in his service. There is no dispute with regard to the constitution of the review forum and the report submitted by the forum. The dispute has arisen with regard to the power and jurisdiction of the Ministry as to whether the Ministry is competent to take a final decis......
Result:
The Rule is disposed of.
Lawyers Involved:
SS Halder with Rabindra Ghose, Advocates‑For the Petitioner.
Mashuque Hossain Ahmed with Abdul Mannan Bhuiyan, Assistant Attorneys‑General‑For the Respondents.
Writ Petition No. 1350 of 1989.
Judgment
Hab...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....ported in 1994 (II) BLT SC (AD) 23 wherein their Lordships observed, "The Artha Rin Adalat is a special forum created by a special law for adjudication of suits which can be filed by a bank or a financial institution for recovery of its dues" and further held that in an appeal a defendantâ...... April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the Act provides that the Artha Rin Adalat will follow the ..................................Opposite Party Judgment April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers of a Civil Court. Section 5(5) of the......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......ion was taken solely on the ground of pendency of a criminal case against the writ petitioner but the impugned order does not reveal what relationship the criminal proceeding has with the exercise of power by him as Chairman of the Union Parishad and how die criminal proceeding is likely to be preju......¦â€¦â€¦Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Respondent [ In Civil Petition for Leave to Appeal No. 478 of 1993] Judgment April 19, 1994. Result: The appeal is dismi......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......t would have been to convert the suit into a different suit against different parties. (e) where it takes away from the other party a legal right accrued to him by lapse of time. but court's power of allowing amendment is not circumscribed by the law of limitation in the following cases eve...............Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Result: Rule is made absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......of Criminal Procedure to this Court without deciding the case on merit. 5. Mr. Majibar Rahman, the learned Advocate appearing for the opposite party submitted that the learned Sessions Judge has power to set aside any order passed by the learned Magistrate if it is found illegal in exercising o...... Vs. Mainuddin Hossain Chowdhury………………Opposite Party Judgment February 27, 1994 Result: The Rule is discharged. Cases Referred to- Md. Shalijahan Sheikh and ors. Vs. Sessions Judge, Pirojpur and others, 38 DLR (AD) 246. ......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......, where it has been held that where a mistake has crept into the description of an item of property in the plaint schedule and the mistake has been carried over in the decree, the Court certainly has power to correct the error in the decree. It has also been held that if the court is satisfied that ......er
Vs.
Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties
Judgment
February 24, 1994.
Result:
The Rule is made absolute.
Cases Referred to-
22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve B...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......estion arises whether the proceeding against the petitioners pending in the Court of the learned Sessions Judge, Gaibandha should be quashed on the ground that the investigating Police Officer had no power to investigate the non‑cognizable offence without the order of a Magistrate as provided in s......ellip;…………………………Opposite Party Judgment February 3, 1994. Result: The Rule is discharged. Cases Referred to- Abul Hossain Vs. the State 35 DLR 200; Abdur Noor alias Noor Miah Vs. State, PLD, 1958 (Dac......or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......ads and footpaths and also directed to remove the same. The learned Advocate further submitted that the Election Commission has already incurred huge expenditure and has mobilized the necessary man‑power for the purpose of election which is scheduled to be held on 30th January 1994 and if the elec......ip;…Respondents Judgment January 27, 1994. Result: This Rule is disposed of. Lawyers Involved: Dr. AKM Ali, Advocate—For the Petitioner Aminul Hoque, Attorney‑General, with AF Hassan Arif, DAG—For the State. Dr. Ahmed Hussain, Advocate&mda......s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ......is a material issue before the Election Tribunal and the Tribunal is satisfied from evidence on record that recounting is indispensably necessary for deciding the case. 11. Election Tribunal has power to decide a question before it rightly as well as wrongly. A court of appeal can only correct ............Petitioner Vs. Election Tribunal District Judge and others...............Respondents Judgment January 25, 1994. Result: The Rule is discharged. Cases Referred to- 27 DLR 594; (27 DLR (AD) 117, 31 DLR (AD) 296; 32 DLR (AD) 186; 38 DLR (AD) 275. Lawye...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......he Deputy Secretary, Ministry of Home Affairs and communicated to the petitioner vide Memo No. 828 dated 22nd February, 1983 intimating him that the Chief Martial Law Administrator in exercise of the powers conferred by Martial Law Order No. 9 of 1982 was pleased to retire the petitioner from servic......etary, President Secretariat and others...........Respondents Judgment January 16, 1994. Result: The Rule is made absolute. Cases Referred to- Mahtabuddin Ahmed Vs. Principal Secretary, President's Secretariate Dhaka 1990 BLD (AD)...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....truction of the road from Nagarkanda Chandhat to Kodalia up to the house of one Kabir Miah of village Kodalia. The project was under the 'Nibir Palli Purta Works Programme' and it was for the financial year, 1985‑86 and accordingly, a sum of Taka 60,000.00 was sanctioned by the Upazila Par...... utilise the rest sum of Taka 7131.41 and in spite of reminders he did not return and deposit the said amount of Taka 7,131.41 in the Government account and thus being a public servant by misusing of power he misappropriated the said amount of Taka 7,131.41, and thereby committed an offence under se......p;……………………………Respondent Judgment November 24, 1993. Result: The appeal is allowed. Cases Referred to- Jamdhar Khan Vs. state, 27 DLR (AD) 35; Habibur Rahman Sarang and others Vs. State, 11 DLR ......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....quired and the proceeding should be finalised without loss of time. With regard to the question of realisation of compensation of land from the owners in respect of LA Case No. 138/61‑62 by the DIT financial involvement was being examined and the Deputy Commissioner was directed to go ahead with t......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......……………………………Respondents
Judgment
November 22, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Standard Vacuum Oil Co. Vs. The Trustees of the Port of Chittagong , 13 DLR 804 ; Akhtarudd......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ......he suit. 3. The suit was contested by the minor defendant Nos.2-4 by filing a joint written statement through their guardian mother defendant No.1 stating, inter alia, that defendant No.1 had no power or authority to enter into an agreement to sell the suit property at the time mentioned in the......…………………………Respondents Judgment November 14, 1993. Result: The appeal is allowed in part. Cases Referred to- Imambandi Vs. Mutsuddi,45 IA 73; Md. Ejaz Vs. Md. Iftikher, AIR 1932 PC 76; Mir Sarwajan Vs...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
...... of the person charged placed on record, the officer conducting the enquiry after taking into consideration the previous character of the person charged, make an order or recommend to the authority empowered to pass an order. Mr. Khan having drawn our attention to the requirement of recording eviden......ary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.................Respondents
Judgment
November 10, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Sisir Kumar Das Vs. State of West Bengal and others, AIR 1955(Cal) 183; Union of India Vs. ......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
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