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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. ...... drawing up a contempt of court proceeding. He has given a lengthy explanation which is very much unfortunate and applicable. The explanation is this that, when the contemner appeared before him, his lawyer Mr. Abdul Majid Munshi, Advocate, submitted that the Special Tribunal can dispose of the matt..

Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172

Suraiya Rahman Vs. Skill Development for Underprivileged Women represented by its Project Director and others, 1996, 25 CLC (HCD)

....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. ......by the respondent No.2, Copyright Board (Annexure‑B) rejecting the appeal filed by the petitioner under section 76 of the Copyright Ordinance, 1962 shall not be declared to have been passed without lawful authority and of no legal effect. 2. Respondent No.1, Skill Development for Underprivile..

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. ......o examine whether the impugned order refusing to review the case dismissed by the learned Subordinate Judge seeking permission to repair the demise shop‑room can stand. It is a settled principle of law that review will lie where a party to a suit or proceeding failed to adduce evidence necessary f..

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. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..................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 derogator..

Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92

Ali Akbar (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Land and others, 1996, 25 CLC (HCD)

.... 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. ......ance of the petitioner Md. Ali Akbar was issued calling upon the respondents to show cause as to why order dated 26‑12‑89 passed by the respondent should not be declared to have been made without lawful authority and of no legal effect. 2. Petitioner’s father and 13 others took Pattan of 14..

Category: Property Law | Date: 5 Aug, 1996 | Hits: 25

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. ...... No.1 of 1982. 13. Regulation 2 of Martial Law Regulation No.1 of 1982 lays down the procedure to take cognisance of any offence punishable under any Martial Law Regulation or Order or any other law on a report in writing made by a police officer not below the rank of Sub‑inspector or an Offi..

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. ......his Rule was issued calling upon the respondents to show cause as to why the impugned memo Annexure V and the orders contained therein shall not be declared to have been issued and passed without any lawful authority and are of no legal effect. 2. The case of the petitioner, in brief, is that the..

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. ......eatened as alleged by him and whether he is entitled to the relief sought for or to any other relief. Articles 31 and 32 of the Constitution are as follows: "31. To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable r..

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. ......f the respondents' intention to serve a proper and effective notice to surrender the possession of the property included in the 'Kha’ list. Such a notice cannot be considered a notice in the eye of law. It cannot be said that the plot has been lawfully included in the list of abandoned building pu..

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. ......rected Enayet to call for a rickshaw and on the aid and collaboration of other accused she was taken in a rickshaw and went along with accused Shaheen. She was taken to the house of the father‑in‑law of accused Enayet in the village Joysree. Thereafter she was taken to Kashipur Bagia village and..

Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

....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. ......ld have been filed under sec­tion 33 read with section 30 of the Act but instead of that they have filed an objection under section 16 read with section 31 of the said Act which is not tenable in law in the facts and circumstances of the case. The learned Subordinate Judge further travelled to o..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10

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. ...... rejected the application. 4. Mr. MI Farooqui submits first for non‑compliance with the mandatory requirement of section 32(2) of the Customs Act, 1969 the impugned demand note is issued without lawful authority in that the petitioner was entitled to prior notice as is contemplated under sub‑..

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. ......ions). 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 ­proceedings of Spec..

Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99

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. ......ated 31.5.84 in Title Suit No. 5 of 1984 rejecting the plaint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court to proceed with the suit in accordance with law. 2. Plaintiff‑respondents instituted the aforesaid suit for specific performance of ..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257

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. ......r the petitioners, submits that the impugned order dated 26.12.90 accepting charge sheet No.367 dated 26.12.90 in Gulshan PS Case No. 23(9)88 dated 27.9.88 is illegal, without jurisdiction and bad in law inasmuch as Gulshan PS Case No. 23(9)88 terminated with an order of discharge of the accused per..

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. ......Evidence Act, the learned Assistant Judge having not applied his judicial mind in to considering that the plaintiffs petitioners proved the tenancy of the said original defendants, committed error of law resulting in an error in the decision causing failure of justice. 7. Secondly, it has been su..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....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. ...... the Opposite Parties (In both the cases). Criminal Revision No. 668 of 1994 with Criminal Miscellaneous Case No. 464 of 1994. Judgment Md. Mozammel Hoque J. Since the identical questions of law were raised in these two cases, they were heard together and are being disposed of by one judgme..

Category: Others | Date: 16 Aug, 1994 | Hits: 134

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. ...... moved this Court and obtained the present Rule. 8. Mr. Amir Hossain, the learned Advocate appearing for the petitioner, has firstly submitted that the lower appellate court has committed error of law in passing the decree for the entire amount of dower money in the absence of any evidence that t..

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. ......not entertainable. 7. Mr. Hasan Arif, the learned Advocate, who appears for the defendant opposite parties, submits that Artha Rin Adalat Ain, 1990 (hereinafter called the 'Act’) is a procedural law and it does not create any forum i.e. Artha Rin Adalat has got no independent existence of its o..

Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....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. ......forced against him, such a contract is enforceable by the minor, as it is a contract for the benefit of the minor, such as completed by sale or mortgage in favour of the minor and is enforceable in law ..........It is true the contract in which the minor is a party cannot be enforced against the ..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295