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

....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......Suraiya Rahman………………….………Petitioner Vs. Skill Development for Underprivileged Women represented by its Project Director and ors…………………………...Respondent......s not allowed to enter in to that office to take away her designs; and as the author of those designs she was entitled to registration of copyright. 5. Registrar after enquiry and hearing by his order dated 12‑1‑87 allowed prayer of respondent No.1 and rejected the prayer of the petitioner ..

Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218

Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)

....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......stions falling for determination are, whether the impugned order passed by the learned Subordinate Judge, 1st Court, Dhaka in dismissing the Review Case No.7 of 1984 has occasioned failure of justice and whether this Rule has become infructuous for satisfaction of the decree after the leave petition...... 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 Court, Dhaka in dismissing the Review Case No.7 o..

Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128

Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)

....¦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......………………..................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......al ‑ For the State. Criminal Appeal No.814 of 1996. Judgment Mahmudul Amin Choudhury J.- This appeal under section 24 of the Nari-'O'-Shishu Nirjatan Daman Ain has been filed against order dated 29‑6‑96 passed by the Nari-'O'-Shishu Nirjatan Daman Bishes Adalat. Rajbari in Nari-..

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)

....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......riginal Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Ali Akbar (Md.).....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land and others................. Respondents Judgment August 5, 1996. Result: The Rule is......ondents. Writ Petition No.27 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance 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 l..

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

Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

.... 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......ion (Special Original Jurisdiction) Present: KM Hasan J Md. Fazlul Haque J Abdul Hakim…………………………………Petitioner Vs. Government of Bangladesh and others………………………………….Respondents      &nb......KM Hasan J.- The Rule was issued calling upon the respondents to show cause why they should not be directed to create a forum for review of a petition filed by the petitioner against the Judgment and order dated 29‑11‑82 passed by the Summary Martial Law Court No.12 Chittagong in SMLC No.51 of 1..

Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137

Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)

....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......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…………......For Respondent No. 2. Writ Petition No.39 of 1988. Judgment Md. Abdul Matin J.- This 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 aut..

Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....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...... 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......€‘95 said exporter M/s Datraco BV filed Other Class Suit No.49 1995 in the 3rd Court of Assistant Judge, Chittagong impleading respondent 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 wit..

Category: Health Law | Date: 1 Jul, 1996 | Hits: 272

Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

....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......s. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......of March, 1996, and before the 30th day of April, 1986, publish in the official Gazette. (a) a list of buildings the possession of which have been taken as abandoned property under the President's order, (b) a list of buildings in respect of which notice for surrendering or taking possession a..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Enayet Vs. State, 1996, 25 CLC (HCD)

....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......dvocate ‑ For the Appellant. SA Hasan, Assistant Attorney General ‑ For the State. Criminal Appeal No.2493 of 1993. Judgment Qazi Shafiuddin J.- Accused Enayet has been tried and found guilty by the Senior Assistant Special Tribunal, Barisal in Special Tribunal Case No.22 of......phatically stated that he and Nasrin used to move as husband and wife. 12. The learned Judge appears to have convicted the accused Enayet on the charge of abduction for aiding accused Shaheen in order to compel victim Nasrin to marry accused Shaheen. Offence as enumerated under section 9 of the..

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)

....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...... 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...... on scrutiny their bid was found to be the lowest and as such the same was accepted by the Government of Bangladesh for the construc­tion of the said flyovers. After acceptance of the same a work order was issued to the con­tractor. Subsequently a formal contract dated 3.9.90 between the par..

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. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents Judgment January 31, 1996. Result: ......e, instructed by Md. Sajjadul Huq, Advocate-on-Record — For Respondent No. 1. Shamsul Haque Siddique, Advocate on Record—For Respondent No. 2. Appeal No. 8 of 1995 (From the judgment and order dated August 14, 1995 passed by the High Court Division in Criminal Misc. Case Nos. 1995 of 19..

Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56

Masum and others Vs. State, 1996, 25 CLC (HCD)

.... 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. ...... Reported in: 49 DLR (HCD) (1997) 349. ...... for causing hurt to P.W.4 Nurul Islam and appellant No.15 Hillal Hossain was further charged under section 323 of the Penal Code for causing hurt to P.W.2 Md. Sefatullah. 2. By the Judgment and order dated 28‑9‑92 learned Sessions Judge convicted 13 appellants including appellant No.1 Masu..

Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39

Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)

.... 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‑......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......e the National Board of Revenue under section 44 of VAT Act, 1991 read with section196 of the Customs Act, 1969 stating that the demand was illegally made. The revision IM petition was rejected by an order dated 27.8.94 by the Additional Secretary, Government of the People's Republic of Bangladesh a..

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. ...... (HCD) (1996) 578. ......dvocate ‑ 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 Dhaka in Petition Case No.253 of 1..

Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3

Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)

....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......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......pears from materials on record that petition case No.761a1/1984 was dismissed by the Chief Metropolitan Magistrate on 3.1.85 and the complainant filed Criminal Revision No.28 of 1985 against the said order of the learned Magistrate and the learned Sessions Judge by judgment dated 30.6.86 allowed the..

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. ...... This Case is also Reported in: 48 DLR (1996) 76. ...... Criminal Revision No. 3017 of 1991. Judgment KM Hasan J. - The Rule was issued calling upon the Deputy Commissioner, Mymensing and the opposite party No. 2 to show cause why the judgment and order dated 17.2.91 passed by the learned Sessions Judge, Mymensingh in Criminal Revision No. 475 of..

Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109

Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

....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 ......ion (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Amir Hossain Khairati being dead his heir: Altaf Hossain and others .........Appellants Vs. Abdul Aziz Bepari and others........................ Aftab Hossain, Advocate‑ on‑Record ‑ For Respondent Nos. 1 & 2. Not Represented ‑ Respondent Nos.3‑7. Civil Appeal No.19 of 1994. (From the Judgment and order dated 10.5.93 passed by the High Court Division in Appeal from Original Decree No.25 of 1985)..

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

Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)

....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...... 48 DLR (HCD) (1996) 218. ...... Judgment Md. Abdul Karim J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 26.12.90 passed by the Metropolitan Magistrate, Dhaka accepting charge‑sheet No.367 da..

Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....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......osts. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......BS to Jaistha 1370 BS at the previous rate fixed by the vendor of the petitioners. After some time, the said defendant tenant stopped paying rent and filed a Title Suit No.105 of 1968 and obtained an order of injunction and against the said order of temporary injunction the petitioners filed Miscell..

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

MA Malik Vs. State, 1994, 23 CLC (HCD)

....eft for her father’s house at Sylhet for her better treatment there. However the petitioner refused to come to a compromise before payment of the dowry. At last she received from the petitioner’s lawyer a notice dated 21.11.92 demanding a huge amount, to which she sent a reply. It may be added, ......¦â€¦â€¦â€¦â€¦â€¦â€¦..Accused Petitioner Vs. State………………………………………….Opposite Party Judgment August 28, 1994. Cases Referred To- Md. Zakir Hossain Khan and others Vs. the State, 18 DLR 67; 42 DLR (AD) 223. Lawyers Involved: Kazi Shahadat Hossain ......l Misc. Case No. 525 of 1994‑In court No.13. The application appears to have not been pressed and it was accordingly, rejected on 9.5.94 by the Bench (Md. Badruzzaman and M. Fuzlur Karim, JJ) under order as follows. "Md. Wahidullah appearing along with Mr. Asrarul Hossain, learned advocate for the..

Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97