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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. ......cers. A hearing was in fact given as contemplated under section 4 of the Ordinance. Thus, it cannot be said that under section 4 of the Ordinance the objection of the petitioner was not considered on record that the petitioner filed successive objections for consideration. There being a consideratio......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)
.... Tunisian ports entered into between a French company and a Tunisian company provided in a printed clause that the contract should be governed’ by the laws of the flag of the county carrying the goods.’ A dispute arose and proceeded to arbitration which according to the contract was to take ......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. ......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
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
....it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ......ce submitted report stating that no prima facie case has been made out the accused-petitioner. Against the report a protest petition (Naraji) was filed before the learned Magistrate who sent the case record with the naraji petition to the learned District and Sessions Judge and Nari-O-Shishu Nirjata......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
....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.......Abandoned Buildings and that publication of the list so made in respect of filed property in question in the Gazette is also legal.
4. The Court of Settlement on consideration of the materials on record observed as follows:
“On careful consideration of the document, facts and the evidence a......notice of the Rule, Bangladesh represented by the Ministry of Works (respondent No.1) entered appearance, but has not filed any affidavit. The occupant of the house i.e. respondent No. 6, in spite of service of Rule, has not entered appearance.
7. Learned Advocate for the petitioner submits that ..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......he occurence. Thereafter the petitioner along with her father went to Mehendiganj police station on 25-9-96 for lodging First Information Report and this opposite party, Officer-in-Charge, refused to record the First Information Report against the three persons. It is alleged that on 26-9-96 again t......apology and he expressed his sorrow and remorse. Since he has expressed his sorrow and remorse and begged for unconditional apology and since it is not found that on any previous occasion in his long service life he has done anything like that, we are of the view that ends of justice will be met if ..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
....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 service on the ground that she made over thesame to the respondent No.1 during the course of her employment with it after perfection of that design.
14. On consideration of the materials on record and submissions of the learned Advocates we find that the petitioner never claimed that she c......and supervision of the petitioner; that the petitioner collaborated with the production and sale of the tapestries made from the said designs and never disputed the same till her termination from the service; and that said designs having been produced by the petitioner under a contract of service an..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......room. In such a situation the donee instituted the suit against the present petitioner for eviction. The suit was contested by the petitioner by filing written statement. The SCC Judge on evidence on record found the oral gift valid and also came to the finding that the tenants paid rent to the done......ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
....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. ......m others. The investigating officer also mentioned that he issued notices upon the witnesses to appear before him but they did not. As the case is triable under Nari-'O'-Shishu Nirjatan Daman Ain the record and the appellant was forwarded to the Nari 'O' Shishu Nirjatan Daman Bishes Adalat and Sessi......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
.... 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.
......eafter Government filed Second Appeal No.1167 of 1962 and by order dated 5-5‑76 the said appeal abated as a whole. Petitioner contends that during pendency of the said suit said fishery was wrongly recorded in the Khas Khatian No.1 in SA Plot No.1448 in correctly recording the area of the fishery ...... 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
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....nary jurisdiction of this Court the petitioner is required to be vigilant and not indolent. In numerous cases this Court and the Courts of Indo‑Pak Jurisdiction have held that inordinate delay is a good ground for rejecting a writ petition. In view of the above, the Rule is discharged without......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. ......brief, are that the petitioner was a sepoy of Customs and Excise in the Collectorate of Customs, Chittagong since 30‑9‑84. Subsequently he was promoted to the rank of Jamadar. He has rendered his service to the satisfaction of his superior officers and detected several smuggling cases for which ..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
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. ......e in violation of the Muslim Marriages and Divorces (Registration) Rules, 1975 and is liable to be declared as having been passed without lawful authority. 24. On consideration of the materials on record and hearing the learned Advocates of the parties we are of the opinion that the impugned orde......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)
....spondent Nos.1, 4 and 6 as defendants praying for declaration that the order of reshipment dated 5‑4‑95 on the basis of radiation test certificate dated 8‑1‑95 without re‑examination of the goods as per letter dated 20‑4‑95 of the Bangladesh Atomic Energy Commission, Dhaka was illegal,......njurious food items. But actions taken by the officers of the Government and Atomic Energy Commission created confusion and situation leading to litigations. 32. On consideration of the materials on record we have noticed the anomaly in die collection of the samples of the imported milk powder for ......nsumers of such goods. Under Article 18(1) of the Constitution State is bound to take measures to raise the level of nutrition and improvement of public health and under Article 21 (2) persons in the service of the Republic have a duty to strive to serve the people. But activities of the Government ..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....ears that the disputed land is enlisted in the 'Kha' list as item No.49 giving the road No. of the plot as 137, whereas the actual road number is 138. Sending a notice to a wrong road number may be a good reason for non‑receipt of the notice by the petitioners. 14. Section 7 of the Presidents O......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. ......lause (2), the Deputy Commissioner or the Sub-divisional Magistrate shall serve a notice on him in the prescribed manner requiring him to surrender possession of the property within seven days of the service of the notice, to the person mentioned in the notice or to show‑cause against such surrend..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
....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.
......33 the Act which has been added to it after the amendment of the aforesaid section by virtue of provision of law Reforms Ordinance, 1978. The learned Subordinate Judge also perused the records of the arbitration case and the award itself and did not find anything on record to int......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
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. ......trate on 30-11-1994. On the following day the victim was again produced in Court when the appellant prayed for the custody of the victim girl but her prayer was rejected and a direction was given for recording the statement of the victim girl by a Magistrate which was done on 1-12-1994. In her state...... 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. ..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....d Tax Act,1991. 2. The facts giving rise to this petition are: The petitioner obtained a licence from Collector of Customs, the respondent 4, to use bonded ware‑house for storing its imported goods. It floated an international tender for import of 1000.00 (one thousand) Metric Ton MT Methano......as 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 different quantity of Methanol on depositing o......error etc. But I have said that impugned demand was not by way of imposition of penalty but for non‑payment of the amount or for short payment. No doubt sub‑section (2) of section 32 provides for service of a notice upon a person to show cause why he should not pay the amount specified in the no..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....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. ......7‑4‑1993 passed by the Metropolitan Magistrate Dhaka in Petition Case No.253 of 1993 and also for quashing the said proceedings. 2. Heard the learned Advocates and perused the materials on record. 3. It appears that an application was filed by the 1st party‑opposite party in the ......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)
....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 fantastic and made only for the purpose of harassing the petitioner by abusing the process of the Court. So the proceedings of that case should also be quashed. 9. It appears from materials on record that petition case No.761a1/1984 was dismissed by the Chief Metropolitan Magistrate on 3.1.85......€¦â€¦â€¦â€¦â€¦â€¦.. …………………………………………………………………. ………………………………………………………………………. (a) in the service or pay of the Government or remunerated by the Government by fees or commission for the perf..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. ......10.91 without first surrendering before the trial Court and, as such, the rule is liable to be discharged. 7. Section 436 of the Code of Criminal Procedure is to the effect: “On examining any record under section 435 or otherwise the, (High Court Division) or the Sessions Judge may direct th......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. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
....he 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 the plaintiffs on good faith filed a petition for dismissal of that suit for non‑prosecution, that in the meantime ...... 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
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