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....ourt of Settlement has already directed for exclusion of the property from the list of abandoned property so, in our view, further direction is not necessary from this Court to that effect. The other part of the judgment that is, restoration of possession of the property to the petitioner having not......making any arrangement for the supervision thereof and that the property having the been found in unauthorised occupation of one Mazahar Ali, Government served notice upon him the and thereupon he on payment of rent is in the possession of the property and that Government having made offer to sell t......tion-10 Mirpur Housing Estate (Holding No.10-B, 11/8- Mirpur, Dhaka within 4 (four) months from date.
There is no order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 148...
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
....ject Director and ors…………………………...Respondents
Judgment
December 9, 1996.
Result:
The Rule is made absolute in part.
Cases Referred to-
Short Vs. J and W. Henderson Ltd., (1946) 39 BW CC 62; Park Vs. W......dent No.1 for the purpose of developing tapestries by the underprivileged women in consideration of royalties to be paid to her from the sale proceeds of the tapestries; that due to dispute regarding payment of royalties her employment was terminated and her designs kept in the office of the respond......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
.... the office of the Deputy Commissioner, Habigonj on 3‑1‑1990 (Annexure‑H). It appears from the said information slip that no compensation was assessed in respect of the disputed plot No.1448 in part 'Kha' of the compensation assessment roll. It appears from Form X of the State Acquisition Rule......f compensation assessment roll in respect of khas land of Clauses (b)(d) and (d‑1) mentioned in section 39 (1) of the said Act. Clause (d) of sub‑section (1) of section 39 of the Act provides for payment of compensation for acquisition of land consisting of fishery or forest or land used for a f...... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....Ward Nos.68, 70 and 71 with Mohakhali Kazi office but the respondent No.1 rejected the same vide his order dated 22‑9‑87. 8. The petitioner received a copy of Memo No.584‑B7/2N‑15/84 (part) dated 9‑12‑87 as addressed to the respondent No.2 purportedly appointing him as the Marria......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... Commerce, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, and others ...........................Respondents Judgment July 1, 1996. Result: The Rule is made absolute in part. Cases Referred to- Munn Vs. Illinois, (1877) 94 US 113; Francis Coralie Vs. Union Territory ......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....matter hanging without perusing it further or taking possession of the property as required under article 7 of Presidents Order 16 of 72 if not proves malafide definitely show gross negligence on the part of the respondents. Serving a notice upon a Bangladeshi national under the provisions of Abando......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Enayet Vs. State, 1996, 25 CLC (HCD)
.... Penal Code where sections 107 to 109 explained whether the acts abetted need be committed in consequence of such abetment or not. The moment the abettor has instigated or aided to commit the act his part is complete and the offence of abetment is also complete but this is not the case as defined in......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
.... (HCD) (2007) 105.
......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Masum and others Vs. State, 1996, 25 CLC (HCD)
.... The appeal relating to the other appellants is allowed. An injured witness is not expected to name the wrong assailant so as to shield his real assailant. Even in a murder case witness can be partly believed and partly disbelieved. The rule that the evidence false in part, false in entirety ...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
.... and the petitioner and the quantity was found 978.16 MT Methanol and not 983.011 MT and Sp Gr 0.7823 and purity 99.6%. On opening the bonded ware‑house the Bond Officer of the customs and Excise Department, Rangunia Circle, Chittagong recorded 978.16 MT of Methanol. The petitioner lifted differen...... Thus, it seems that on the basis of report submitted by the petitioner the impugned demand note was issued. From a careful examination of the Demand Note it is seen that it was issued for non‑payment of the amount in question and not issued on imposition of penalty. Sub‑section (2) of the ......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....Petitioner. Khorshed Alam, Advocate ‑ For the Opposite Party. Criminal Miscellaneous Case No.826 of 1995. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the 2nd party petitioner for quashing the order dated 27‑4‑1993 passed by the Metropolitan Magistrate D......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....na and Momtazuddin Fakir, Advocates-For the Opposite Party No.1 (In Criminal Revision Nos. 88, 89 and 90 o 1987). Md. Khurshid Alam Khan, for Alimuzzaman Chowdhury, Advocates ‑ For the Opposite party No.1 (In Criminal Revision No. 104 of 1992). Abdus Salam Mamun, Assistant Attorney General-......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
....hat the plaintiffs filed TS No.7 of 1983 in the Court of Subordinate Judge, Munshiganj for specific performance of the same contract against defendant Nos.1‑4 but as village elders asked both the parties to withdraw pending cases both in criminal and civil Courts for settlement of the dispute t...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
.... Mihir Kanti Majumder with Nehid Yesmin, Advocates-For the Opposite Parties. Civil Revision No. 2526 of 1992. Judgment Syed J R Mudassir Husain J. – By this Rule the defendants opposite parties were called upon to show cause as to why the judgment and decree dated 16.6.92 passed by the......parties was a monthly tenant of the suit land and the building under the petitioners by executing the unregistered deed of monthly tenancy agreement (Bhara Nama) Ext. 2 dated 1st Ashar 1370 BS and on payment of rent by Ext.1 the counterfoil of the rent receipt. In order to prove the said tenancy, th......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....r the provisions of Cruelty to Women (Deterrent Punishment) Ordinance on the allegations that her father was an Ex‑Chairman of Sylhet Zilla Parishad, a sitting Member of Parliament from a political party and also a politician. She was married with the petitioner on 11.10.91 for a dower of Taka 5,0......ious ways. On 17.3.92, however the petitioner went to her paternal house at Sylhet where she was then residing. At about 10‑00 O'clock in the night in course of exchange of words on the question of payment of the dowry the petitioner got infuriated and physically assaulted her and attempted to kil......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....estions of law were raised in these two cases, they were heard together and are being disposed of by one judgment. 2. In Criminal Revision No.668 of 1994, Rule was issued calling upon the opposite parties to show cause as to why the order of forfeiture of books as mentioned in paragraph 3 of the ......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....Petitioner. Ahmed Ali with Md. Khurshid Alam Khan, Advocates‑ For the Opposite Parties. Civil Revision No. 698 of 1992. Judgment Syed JR Mudassir Hussain J. - By this Rule the opposite party No.1 was called upon to show cause as to why the judgment and decree dated 1.2.1992 passed by ......ion Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband. (2) A husband or wife may, in the prescribed manner within the prescribed period and on payment of the prescribed fee, prefer an application for revision of the certificate to the Munsif c...... the entire sold amount. The plaintiff’s further case was that about 3 years back, the defendant‑petitioner also borrowed Taka 12,000.00 from the plaintiff's father on condition to repay the said loan within six months in spite of repeated demands the petitioner did not pay the same; plaintiff f..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....ther charges. Ultimately on 31.10.90 the case was transferred to the 1st Artha Rin Adalat. Chittagong by virtue of amendment of section 9 of the Artha Rin Adalat in 1990. 4. The defendant opposite parties appeared and filed a joint written statement on 29.8.91. In the said written statement they ......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. ......ication, may be stated as follows: 3. The Sonali Bank, Agrabad Branch, Chittagong filed the aforesaid money suit for realisation of an amount of Taka 1, 98, 48,632.70 being the principal amount of loan including interest as on 31.1.88 with a further prayer of pendente lite interest @ 20% per annu..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....ase. It was also noticed that while sending the case on remand the first appellate Court, inter alia, directed the trial Court to examine the question whether the minority of plaintiff‑opposite party No. 2 had rendered the alleged contract for sale of the suit property invalid. Neither the tri......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....t and the order of conviction and sentence are liable to be set aside. Mr. Afzalur Rahman further submits that appellant Dulal was aged 13 years at the time of the alleged occurrence and could not be partners or associates with the real killers of Morium and that the trial of the accused persons wit......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. ..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
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