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....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.
......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.
......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.
......on about "contract of service." No decision from our Court has been brought to or come to our notice making a distinction between contract of service and contract for service. Since no such question arose before in our domain we are to see what is the meaning of the two expressions and dis..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....missed. 3. Mr. AKM Shahidul Huq, appearing for the opposite party, submits first, that the Rule is liable to be discharged as it has become infructuous as the opposite party obtained delivery of possession in execution of the decree passed in the suit. He also submits that in view of the fact t......spect of the ground floor of the premises situate at 60/1, Purana Paltan, in the city of Dhaka under the opposite party No.1 (since deceased). While the petitioner was a tenant of the shop‑room the land‑lady made an oral gift in favour of her daughter Sufia Akhter Alam and she intimated the tena......vocate ‑ For the Petitioner. AKM Shahidul Huq, Advocate ‑ For the Opposite Party. Civil Revision No.376 of 1986. Judgment AM Mahmudur Rahman J.- In this Rule the questions falling for determination are, whether the impugned order passed by the learned Subordinate Judge, 1st C......am Bhuiyan, Advocate ‑ For the Petitioner. AKM Shahidul Huq, Advocate ‑ For the Opposite Party. Civil Revision No.376 of 1986. Judgment AM Mahmudur Rahman J.- In this Rule the questions falling for determination are, whether the impugned order passed by the learned Subordinat..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
....e 14 Anna share thereof, for 30 years with affect from 1359 BS by a registered lease deed dated 6th Kartick 1359 BS and thus the petitioner after, his father's death and his co‑sharers have been in possession of the said fishery in leasehold right. In case No.92 of 1958 on 1-4‑1958 the said fish...... 13 others took Pattan of 14 Anna share of Kamraghop Beel Fishery situated at SA Plot No.1448 by a registered Pattani patta dated 2nd Kartick 1358 BS corresponding to 31‑12‑1950 from the 14 Annas landlords of the same and remaining 2 Anna share of the said fishery belonging to other landlords wa......s 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.
......ded in the name of the Government in Khatian No.1 and Plot No.1448 and by mistake area was recorded as.38 acres though actually area was 65.38 acres. Respondent No.2 further found that the fishery in question was not excavated by the petitioner but it is a natural fishery. So he held that the petiti..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....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. ......al 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 vide notification dated 3rd, November, 1984 ward Nos.68, 70 and 71 were brought within the jurisdiction of this petitioner after due amalgamation and delimitation by the authority and, as such, the question of holding 2 posts of Nikah Registrar does not arise and we find no substance in the submis..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....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. ......e issuance of this Rule are as follows: Respondent No.6, Danish Condensed Milk Bangladesh Limited opened LC dated 7‑8‑94 for importing 500 metric tons of skimmed milk powder from Datraco BV Netherland (Holland). Out of 500 metric tons 125 metric tons arrived on 17‑10‑94, 250 metric tons arri......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. ......ate of radiation test on 8‑1‑95 (Annexure‑D) stating that he found 133 Bq radiation per kilogram which was above the minimum approved radiation level of 95 Bq. So, he opined that consignment in question should not be marketed in public interest and requested to take necessary action on emergen..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....operty (Control, Management and Disposal) Order, 1972 (Presidents Order No.16 of 1972); Article 7 After the issuance of the notice leaving the 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 ma......Bangladesh Gazette, Extra copy, published on September 23rd, 1986 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts are, in brief, that the land at plot No.4, SE(C) Road No.138, Gulshan Model Town was allotted by the DIT to late Syed Mozaff...... September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......No.49 of the Bangladesh Gazette Extra copy published on September 23, 1986 the petitioners moved this Court and obtained this Rule. 7. The grounds taken by the petitioners are that the property in question and building thereon was never an abandoned property within the scope of Presidents Order 1..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Enayet Vs. State, 1996, 25 CLC (HCD)
....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. ......y 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. ......annot be held in law that a person cannot ever be convicted of abetting a certain offence when the person alleged to have committed that offence in consequence of the abetment has been acquitted. The question of the abettor's guilt depends on the nature of the act abetted and the manner in which the..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....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.
......se is also Reported in: 26 BLD (HCD) (2007) 105.
......rieved by the said judgment the second party appellant preferred this appeal.
6. Mr. Shamsul Alam, the learned Deputy Attorney General appearing for the appellant, submits that the award in question is a nullity in the eye of law inasmuch as the arbitrator was not appointed as per terms of..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ......sing out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ......t in a pending criminal case. If it was merely a matter of impropriety, we would have made it up by adding necessary observation. But there is something more than that. 12. Even while deciding the question of age of the girl, it does not appear that a proper and balanced approach has been made in..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....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. ......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. ...... 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. ...... 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 VAT Act reads: “আà..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
.... impliedly drew up the proceedings and appointed Receiver on 13‑5‑93 and directed the parties to maintain status quo in respect of the disputed land when the order of the civil Court regulating possession of the disputed land was already in force. 8. Petitioner should have gone to the S......of the Code of Criminal Procedure in respect of the disputed property and by order dated 27‑4‑93 learned Magistrate directed OC Cantonment PS to maintain status‑quo in respect of the disputed land in the meantime. Thereafter by order dated 13‑5‑1993 learned Magistrate on consideration ......lute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ...... the jurisdiction of the criminal Court to draw up proceedings under section 145 of the Code is ousted as the civil Court is in seisin of the subject matter of the dispute the entire proceeding in question appears to be without jurisdiction. 9. In that view of the matter even in spite of la..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
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. ......d. 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. ......In all Revisions). Criminal Revision Nos. 88, 89, 90/1987 and 104/1992 Judgment Kazi Ebadul Hoque J. - These 4 rules between the same parties are being disposed of by this judgment as common question of law has been raised in these Rules. 2. In Criminal Revision Nos. 88-90/1987 Âproceed..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. ...... 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. ......de on two grounds: (1) that a mandatory provision of the Code of Criminal procedure has been violated by the learned Sessions Judge by not issuing notice to the accused before passing the order in question and thereby denying them an opportunity to be heard. Further, as the impugned order is ille..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
.... 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. ......ragraph 10 of the plaint as follows: "That the cause of action for the suit arose on 29.9.83 when the plaintiffs came to learn that the principal defendant Nos. 1‑4 transferred some lands from the suit plots of land to the principal defendant Nos. 5‑11 and lastly, on 1.2.84 whe....... ...... 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)
....swas, son of Ashutush Biswas, having acquired the suit property measuring 18½ decimals by way of amicable partition amongst his brother and other co‑sharers by a kabala dated 27.7.69 and delivered possession to him and since then the defendants acquired title. It was further contended that one Ab......edecessor of the said opposite parties, was, monthly tenant under them and he became defaulter and violated the terms of tenancy agreement. The case of the petitioners is that they purchased the suit lands along with other lands and building from Rashik Lal Dey, one of the co‑sharers of the proper......e will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......not be sustained in law. It has been further submitted by Mr. Rahim that the learned court below has traveled beyond the scope of the instant suit and unnecessarily embarked upon investigation on the question of the defendant without confining himself to the issue as to whether the plaintiff has bee..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....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. ......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. ...... 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. ......d her in various 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 atte..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
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. ......d and his decisions shall be final and shall not be called in question in any Court. (3) Any amount payable under sub-section (1) or(2) if not paid in due time, shall be recoverable as arrears of land revenue." 19. The section 5 of Family Courts Ordinance, 1985 deals with jurisdiction of Fami......nd down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......f Criminal Procedure which deals with the order of maintenance and how the order can be enforced and this section may be read with the aforesaid Family Ordinances. 18. Now in order to consider the question of maintenance reference may be made to the provisions of section 9 of the Muslim Family La..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....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. ......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. .................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) BLT SC (AD) 23; MAC Proprietor, Mahtabuddin Chowdhury and......e counter claim was made under the relevant provisions of the Code of Civil Procedure which is applicable in the proceedings of Artha Rin Adalat. In the present Rule the plaintiff petitioner calls in question the legality and propriety of the said order of the trial Court. 6. Mr. Khairul Haque, t..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....pondent No. 1 entered into an agreement to sell the suit land to them and on receiving Taka 5,000.00 out of the total consideration of Taka 6,000.00 executed a bainapatra on 4.11.1973 and delivered possession to them. Upon refusal of the defendant to execute a deed of sale in terms of the agreem...... brothers, No. 2 being minor at the relevant time, instituted Title Suit No. 80 of 1975 in the Fourth Court of Assistant Judge, Narayangonj for specific performance of contract for sale of the suit land alleging, inter alia, that defendant‑respondent No. 1 entered into an agreement to sell the......der as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......ll a minor at the time of the hearing of the revision case. 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..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....laintiff appellant‑petitioner being plaintiff instituted Title Suit No. 235 of 1981 in the Court of Munsif (now Assistant Judge) 2nd court at Barisal against the defendant‑opposite party for khas possession by evicting the defendant from the suit hut as described in the schedule to the plaint an......n transfer of the suit to the court of Senior Assistant Judge, Barisal, it was renumbered as Title Suit No 395 of 1984. The case of the plaintiff is that the plaintiff is the owner of 0.09 decimal of land of RS plot No. 2048 by pattan taken in 1359 BS from the previous owner Sukumar Sen and others. ......ip;…Opposite Parties Judgment May 17, 1994. Result: The Rules are discharged. Cases Referred to- Fayeb Ali Ys. Abdul Khaleque and others, 43 DLR (AD) 87; Joy Narain Sea Ukil Vs. Srikanta and others. AIR 1922 (Cal) 8 AIR 1922 (Cal) at page 8; Erfan Ali Vs. Joynal...... both of them jointly took settlement of the disputed land from the previous owner but that the petitioner fraudulently instituted Title Suit No. 555 of 1958 claiming his sole interest in the land in question and obtained a fraudulent collusive decree on 15.7.59. The learned Assistant Judge held ana..Category: Property Law | Date: 17 May, 1994 | Hits: 3
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