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Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
..... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ......a medical certificate issued by the Bangladesh Institute of Cardio Vascular Diseases (Suhrawardy Hospital) showing her age to be 18 years were also submitted. The said Adalat on considering all these papers particularly the affidavit and the medical certificate held that the alleged victim girl was ...... ......izance of the offence under sections 9(Kha) and 14 of the said Act because after hearing the prosecution and the Advocate for the accused and after perusing the FIR, charge-sheet and other papers and documents on record the said Adalat found that the allegedly victim girl went out of the custody of ..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....g the petition but called for an opinion from the public prosecutor who represents the Sate in all criminal matters of the District and the Sessions Division. The PP gave his opinion according to the relevant provisions of law and thereafter the learned CMM asked the petitioner Assistant Superintend......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ......lso Reported in: 50 DLR (HCD) (1998) 143. ......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ...... Chittagong in view of the representation of the District Judge, Chittagong for quick implementation of the scheme held that there is no scope to consider the objection of the petitioner and sent the papers to the Divisional Commissioner, Chittagong Division Chittagong, as per section, 4(2)(b) of th......… Petitioner Vs. Deputy Commissioner...……………………………………….Respondents Judgment May 25, 1997. Result: The petition is dismissed. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), Sections 3 & 4 The petiti......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....on wrongly held that only the English Court had jurisdiction over the arbitration or the appointment of an Arbitrator. Thirdly, the law of contract being similar in England and Bangladesh and the relevant provisions of the Arbitration laws of these countries being in pan materia, clauses 14 and......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ...... Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Council Vs. Australasian Temperance etc. Society, (1938) AC 224 (240);......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
....quot;. If the answer is "no” then the contract is a contract of service. No exhaustive list has been compiled and perhaps no exhaustive list can be compiled of the considerations which are relevant in determining that question, nor can strict rules be laid down as to the relative weight w......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.
......Suraiya Rahman………………….………Petitioner
Vs.
Skill Development for Underprivileged Women represented by its Project Director and ors…………………………...Respondent......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
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....n dropped by the Tribunal and in support of his submission he has placed before us certain provisions of the Code of Criminal Procedure, particularly sections 172/173/190. 9. It appears that the relevant provision of the vacated. Ain in section 23 which runs: “২৩। ফৌজদা......offence. He submits that cognisance has been taken for an offence and the Tribunal has the authority to look into the matter on examination of the witnesses. 5. It appears from the perusalof the papers filed that the informant lodged the FIR alleging that on the aforesaid date and time of occur......………………..................Respondents Judgment August 14, 1996. Result: The appeal is dismissed. The Nari-O-Shishu Nirjatan Daman Ain, 1995, is a selfcontained law and the provision of the Code of Criminal Procedure may be taken in the aid of but not derogatory to......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....t be disposed of. A study of Regulation 3(3) and 3(5) will show that immediately after the termination of all proceedings before a summary Martial Law Court the proceedings should be submitted to the relevant authority for review. In Regulation 3 we do not find any provision enabling the aggrieved p......e regulation makes mandatory is that after termination of proceeding that proceeding should be submitted for review to the competent authority. 16. We have gone through the application and other papers annexed to the petition and we do not find in the application any assertion by the petitioner......ion (Special Original Jurisdiction) Present: KM Hasan J Md. Fazlul Haque J Abdul Hakim…………………………………Petitioner Vs. Government of Bangladesh and others………………………………….Respondents &nb......ribe of Taka 30,000.00 from one Abdul Jabbar of Satata Soap Factory for not implicating the latter in a criminal case and for releasing a truck, loaded with Soyabean Oil, which did not have any legal documents for the said oil. 4. Thus SMLC No.51 of 1982 was initiated and it was tried by the Su..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....ce and excess to the jurisdiction of Syed Shariatullah. Marriage Registrar and Kazi of Maghbazar, Dhaka who was holding an area covering 19 Wards though he was entitled to 7 (seven) wards only at the relevant time. The prayer was for delimiting his jurisdiction and granting him the licence for the s......pondent No.2 purportedly appointing him as the Marriage Registrar for the Ward Nos.68, 70 and 71 of the Dhaka Municipal Corporation with direction to the petitioner to hand over all the Registers and papers relating to the registration of Marriage and Divorce within the aforesaid ward Nos.68, 70 and......on (Special Original Jurisdiction) Present: Mozammel Hoque J Abdul Matin J Latifur Rahman (Md.)……………………………………………..Petitioner Vs. Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh and another…………......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)
.... acceptable limit (Annexure J). Thereafter on 20‑4‑95, Secretary of respondent No.3 asked respondent No.4 that the Atomic Energy Commission decided that random sampling from each container of the relevant consignment should be collected in presence of Director, RTL, Chittagong. Thereafter on 19......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. ...... Dr. Mohiuddin Farooque.....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Commerce, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, and others ...........................Respondents Judgment July 1, 1996. Result: The Rule is mad......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)
....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. ......ith the same tenant in the year 1989 (Annexure‑E) and the petitioners' application dated 31‑1-93 to the Ministry of Works for excluding, the property from the ‘Kha' list (Annexure G). All these papers and documents show that the father of the petitioners and the present petitioners are all B......s. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......e tenant in the year 1989 (Annexure‑E) and the petitioners' application dated 31‑1-93 to the Ministry of Works for excluding, the property from the ‘Kha' list (Annexure G). All these papers and documents show that the father of the petitioners and the present petitioners are all Bangladeshis..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
....Subordinate Judge, First Court, Dhaka in Miscellaneous case No.71 of 1991 making the award dated 21.2.1991 given by the sole arbitrator Mr. Justice Sultan Hossain Khan, rule of the Court.
2. The relevant facts, in short, may be stated as follows:-
The Government of the People's Republi......huge loss. On receipt of the claim from the respondent, the Additional Chief Engineer vide Memo dated 10.4.1991 requested the respondent to submit their claim in detail and item-wise with all related papers to the concerned Executive Engineer. The Additional Chief Engineer by his aforesaid Memo also...... Techno Consult Limited; 1988 BLD 364; 6 DLR 473; ILR 13 (ALL) 300; 8 DLR 305.
Lawyers Involved:
Shamsul Alam, Deputy Attorney-General-For the Appellant.
S.R. Pal with Abdul Quium and M.A. Noor-For the Respondents.
First Miscellaneous Appeal No. 82 of 1993.
Judg......getting their claim with comments of the concerned officer.
3. The concerned Executive Engineer by his Memo dated 20.4.1991 also requested the respondent Concord Engineers to furnish all related documents and explanations in support of their claim to facilitate/determination of the same by the ..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
..... Mr. Farooqui in support of his first contention referred to the decision in the case of Md. Sona Mia and others Vs. Collector of Customs and others 20 DLR 549. 5. Before I proceed to examine the relevant provisions of law I propose to consider the decision cited by Mr. Farooqui. It was a case o......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. ......Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Eastern Chemical Industries Limited...............Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 29, 1995. Case Referred to- Md. S......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
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....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. ......s. Azizur Rahman & another....................Opposite‑Parties Judgment August 13, 1995. Lawyers Involved: Md. Abdul Malek with Iman Ali, Amatur Noor Begum, AHM Mostifiqur Rahman and Binod Kumar Agarwala, Advocates-For the Petitioner (In all Revisions). SR Paul with Bazlur Ra......ing the same in company's godown and entering the same in the account books of the company they dishonestly and fraudulently disposed of the same misappropriated the sales proceeds and concealed the documents relating to the said transactions. 6. In complaint case No.769a1 of 1984 which gave ris..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ...... This Case is also Reported in: 48 DLR (1996) 76. ......e No. LX of 1982. 11. Section 241A is to the effect: “When the accused appears or is brought before the Magistrate, and if the magistrate, upon consideration of the record of the case and the documents submitted therewith and making such examinations, if any, of the accused as the Magistrate..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....ce against the accused petitioners. 10. We may refer to Annexure‑B which is a petition submitted by the investigating officer on 12.6.90 with a prayer for discharge of the accused persons. The relevant portion of the petition runs as follows: “মহোদয় উপরোক......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. ...... 48 DLR (HCD) (1996) 218. ......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
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....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. ......ajid used to realise the house rent from the said predecessor of the defendants. It was alleged that the husband of the plaintiff No.1 in collusion with the said Abdul Majid might have fabricated the papers by obtaining the impression of Sirajuddin taking advantage of his being an illiterate and sim......osts. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......ment (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, the LTI of Late Sirajuddin appearing in those documents were compared by the hand writing expert who found those LTI tallied with specimen LTI obt..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....people about Islam. 7. Another book of the same writer is “মারেফতের গোপন আলাপ”। The learned Deputy Attorney- General has drawn our attention to page 23. It is relevant in a sense that the writer has written to the effect that the correct interpretation of the......contained objectionable writings injuring and affecting the religious sentiment and thereby causing insult to the religious belief of the Muslims. As regards satisfaction of the Ministry of Home some papers are annexed with the supplementary affidavit filed on behalf of the opposite‑party Nos.1 an......resent: Md. Mozammel Hoque J Md. Sirajul Islarn J Md. Tafazzul Islam J Sadaruddin Ahmed Chisty………………..............................Petitioner Vs. Government of Bangladesh and others.........................Respondent (In Criminal Miscellaneous Case No. 464 of 1994) Dr......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)
.... of the right of maintenance from the day when the cause of action accrued to her. The Courts have thus jurisdiction to grant such maintenance subject of course to consideration of limitation and the relevant circumstances of each case.” 23. The word maintenance occurring in the aforesaid provi......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. ......ivil Revisional Jurisdiction) Present: Syed JR Mudassir Hussain J M. Bazlur Rahman Talukdar J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred t......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)
.... Subordinate Judge and 1st Artha Rin Adalat, Chittagong, in Money Suit No.52 of 1988, disallowing the plaintiff's application for rejection of counter claim of the defendants. 2. The facts, as are relevant for disposal of the application, may be stated as follows: 3. The Sonali Bank, Agrabad B......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. ......ision (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Sonali Bank...........................................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to- M......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
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....e present case are in any way different as not to attract the principle laid down by the Privy Council in the aforesaid case. 3. The appellants, who are brothers, No. 2 being minor at the relevant time, instituted Title Suit No. 80 of 1975 in the Fourth Court of Assistant Judge, Naraya......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. ......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Julhash Mollah (Md.) and another.......................Plaintiff‑Appellants Vs. Ramani Kanta Malo an......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
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