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....a special circumstance which warrant consideration of a case specially under sub‑section (2). In order to consider this sub‑section let me repeat some of the facts already stated above. It is not disputed that Sattar Match Works at Shyampur had been using this Cock brand since 1954. It is also n......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
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Category: Intellectual Property Law | Date: | Hits: 264
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......nt has moved this Court and obtained the instant Rule. 3. It has been urged by Mr. Nurullah the learned advocate appearing for the petitioner that the learned Judge has fallen into an error in not holding that having been brought against a contested decree between the same parties and that too cl..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....practice in the election at Kadamtali Madrasha and Gangaprashad Primary School centres a question arises whether the final result of the election was affected by the malpractice of the petitioner. Indisputedly, the petitioner who is the returned candidate secured 4033 number or votes in the said tw......act by way of additional evidence at the appellate stage. I am, therefore, of opinion that the learned District Judge has fallen into an error of law in allowing prayer for additional evidence and in holding thereupon that the petitioner was a defaulter and disqualified as such to contest the electi..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......file a Naraji petition before the learned Magistrate against the submission of the final report but in the instant case it was not done. When the record was sent before the learned Sessions Judge for holding trial in respect of one accused person namely, Jharu Meah, the informant filed a petition fo..Category: Criminal Law | Date: | Hits: 67
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....of agricultural or horticultural, although a hut stands on it, the land has changed its nature to agricultural land. Placing reliance upon section 182 of the Bengal Tenancy Act he submits that as the disputed land was connected with agricultural operation it is agricultural land. In this context he ......ned Munsif. 2. The point that falls for determination by this Court in this case is whether the lower appellate Court committed an error of law in its decision in dismissing the pre‑emption case holding that the case is not maintainable under section 96 of the State Acquisition and Tenancy Act,..Category: Property Law | Date: | Hits: 95
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......dated 17.11.85 passed by the learned Munsif in Pre‑emption Case No. 3 of 1985. 2. The learned Advocate for the petitioner urges that the Courts below committed an error in law in its decision in holding that the pre‑emption case is barred by limitation on an erroneous view of section 60 of th..Category: Property Law | Date: | Hits: 97
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....he facts necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court of Munsif, Cox's Bazar for declaration of their right, title and interest in the disputed land on the basis of purchase and also for confirmation of possession therein on various al......o for correcting the valuation put by the plaintiff upon the plaint and to determine the valuation therefor. 3. The learned trial Court by its order dated January 30, 1982 rejected the application holding that the valuation has been accepted provisionally, Against that order the defendant wrongly..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....rom the land in question is established by evidence. In the instant case there being no finding on discussion of evidence on record as to any such ouster of the contesting defendants 5 and 6 from the disputed suit‑property, the claim of title by adverse possession by the plaintiff cannot be legall......others reported in 45 IA 73. Hence, that finding is final and conclusive and cannot be disturbed in this second appeal. His next submission is that the lower appellate Court committed error of law in holding that the interest of the defendant Nos. 5‑6 to the extent of 1.26 acres of land was exting..Category: Property Law | Date: | Hits: 71
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......thin time, that is, within 30 days from the date of their knowledge. The learned Subordinate Judge by the impugned order dismissed the application under Order 9 rule 13 of the Code of Civil Procedure holding that the ex parte decree was passed on 21.4.87 and the instant Miscellaneous Case was filed ..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......e. The accused petitioner was the Accounts Officer at Gobindaganj Upazila at the relevant time. The case was started on 15.6.95 and the charge sheet was submitted on 20.11.98. There was much delay in holding trial for various reasons. The accused petitioner moved this application for quashment of th..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....sh and register to the appellant before going for lunch. 8. Let us consider now whether court below was justified in holding the appellant guilty of the charge brought against him. 9. It is not disputed that the appellant was cash officer‑in‑charge of the cash of the National Bank Limited,...... 1‑00 PM by making entries in cash receipt register Ext. 3(1) and made over cash and register to the appellant before going for lunch. 8. Let us consider now whether court below was justified in holding the appellant guilty of the charge brought against him. 9. It is not disputed that the ap..Category: Criminal Law | Date: | Hits: 91
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....01, 3717, 3725, 3700, 3738, 3737 and 3736 Part of Plot Nos. 3707, 3706, 3718, 3711, 3739, 3721, 3723, 3724 and 3716. Total area, more or less 8.66 acres. 6. This fact has not been disputed by the respondents. It appears that against a notice issued against the petitioners to vaca......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......oved the Administrative Tribunal as if sitting on appeal against the order of review passed under para-1A of M.L.O. No.9 of 1982 in Administrative Tribunal Case No.59 of 1996 and the case was allowed holding that the respondent is entitled to his arrear and all other allowances by the judgment and o..Category: Administrative Law | Date: | Hits: 160
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......l Institution Order, 1989, grant of unauthorised commercial loan against lien of balances investment account, operating current account like a commercial schedule bank, allowing interests on deposits holding investment account, advancing loan of huge amount of Tk. 18,78,00,000.00 (Taka eighteen cror..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......that it was a 'structural alteration………..or addition' he would have had jurisdiction to go on and determine the various matters set out in sub‑paras (b) (c) and (d) of para 2(2) of Sch. 8. By holding that it was not a structural alteration…….or addition' he deprived himself of jurisdicti..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....d as such the acceptance of the nomination paper is illegal and contrary to law. 5. Mr. Moudud Ahmed, the learned Counsel appearing for respondent No.4 submitted that in the instant case it is not disputed that the respondent No.4 paid the loan on 6.1.93 on the day of the scrutiny and that being ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......led to hold any enquiry. Thereafter the University Syndicate took decision to refer the matter to the then Bureau of Anti-Corruption. In pursuance thereto, he (P.W.4) wrote a letter to the Bureau for holding an enquiry whether any earth-work against the Projects was done. The respondents took delive..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ee, he failed to hold any enquiry. Thereafter the Syndicate took decision to refer the matter to the then Bureau of Anti- Corruption. In pursuance thereto, he (P.W.4) wrote a letter to the Bureau for holding an enquiry whether any earth-work against the Projects was done. The respondents took delive..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......tee, he failed to hold any enquiry. Thereafter the Syndicate took decision to refer the matter to the then Bureau of Anti-Corruption. In pursuance thereto, he (P.W.3) wrote a letter to the Bureau for holding an enquiry whether any earth-work against the Projects was done. There was no allegation of ..Category: Criminal Law | Date: | Hits: 86
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......Assessee-applicant. The applicant by this application refers the following questions for our answer: "(i) Whether in the facts and circumstances of the case the Tribunal was legally justified in holding that the DCT had jurisdiction to assess the applicant for the assessment year 1971‑72. ..Category: Fiscal/Taxation Law | Date: | Hits: 109
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