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Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......ently the relevant provision of Article 6 of the Paris Convention is not at all attracted and the Paris Convention cannot override the provision of the Trade Marks Act, 1940, the municipal law of the land. Lastly, he has argued that the respondent No. 2 failed to prove the user of the mark in Bangla..

Category: Intellectual Property Law | Date: | Hits: 198

Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)

.... separate written statement denying all the material allegations made in the plaint; that the defendant No. 3 claims that the suit land was the Government Khas land, thereby he along with others took settlement of the suit land; that the defendant No. 48 claims that he purchased some portion of the ......claration of title to the suit property. On transfer, the same was re-numbered as Title Suit No. 51 of 1981. 3. The plaintiffs' case, in brief, is that Dabiruddin Ahamed Chowdhury was the original landlord of the suit property, who granted pattan to Bazru Mahmud, predecessor of the plaintiffs; th..

Category: Property Law | Date: | Hits: 23

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......h Bis­was concealed facts and obtained the Letter of Administration by practising fraud upon the Court. The respondent No. 1 claimed that the testator Hari­nath Majumder orally gifted 0.20 acres of land in plot No. 223 in favour of his father Kalicharan Majhi. After such gift the petitioner's fath..

Category: Property Law | Date: | Hits: 68

Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)

.... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145.......li as plaintiff instituted a suit in the Court of the Senior Assistant Judge, Thakurgaon being Title Suit No. 20 of 1986, for declaration of title and recovery of khas possession in ‘ka’ schedule land after demolishing the structures standing thereon and for permanent injunction in respect of th..

Category: Procedural Law | Date: | Hits: 76

Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)

....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ss Suit No.58 of 1993 dismissing the Suit. 2. The facts involved in the case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was trans­ferred to Gopal Chandra Barman and..

Category: Property Law | Date: | Hits: 37

Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......l Subordinate Judge at Narayanganj passed in Title Suit No. 353 of 1992, which dismissed the suit. 2. The plaintiff instituted the suit against defendants for a decree of declaration that the suit land measuring 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of..

Category: Trust/Waqf Law | Date: | Hits: 228

Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)

....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expedi­tiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......ce he disclosed that he has a betel nut shop at Narchi Bazar and police took his thumb impression on a blank paper and he further disclosed that appellant had enmity with his rich neighbour regarding land dispute. 13. PW 4 Yasin Ali Mondal was declared hos­tile when he stated in his chief th..

Category: Criminal Law | Date: | Hits: 42

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......ant as plaintiff filed a suit being Title Suit No. 21 of 2000 in the court of the Sub­ordinate Judge, First Court, Sylhet for declaration that the plaintiff has interest and possession in the suit land being lease holder with a prayer for permanent injunction against the defendants. 3. The cas..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......n 96 of the State Acquisition and Tenancy Act as an unnotified co-­sharer by inheritance and as a purchaser in the case holding. His further case is, that the opposite party No. 2 sold away the case land by two registered kabalas dated 11‑5‑1992 in favour of the opposite party No.1 who is a str..

Category: Property Law | Date: | Hits: 37

Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)

.... and the claim of the plaintiffs-opposite parties Arbitrator has awarded nothing to the plaintiffs-opposite parties. The claim of the plaintiffs opposite parties should not exceed Taka 12, 90,000 for settlement through the Arbitration is not correct. There was no reason to file any suit in the decla......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..

Category: Civil Law | Date: | Hits: 77

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ......ant-opposite party No. 1, Malika Hasina Jahan (Lili), and the two brothers of Shahjahan namely Altaf Hossain and Fazle Hossain and sister Latifun Nessa but they relinquished their claim over the suit land in favour of the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), in exchange of oth..

Category: Property Law | Date: | Hits: 34

Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)

....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......ntiff-appellant-petitioner as plaintiff instituted the suit for Partition being numbered as Title Suit No. 46 of 1996 before the Senior Assistant Judge, Monohardi, Narsingdi for partition of the suit land at Mouza Nischantapur, District-Narsingdi. The suit land originally belonged to Bhabani Kishore..

Category: Property Law | Date: | Hits: 40

Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......rmer Assistant Director Estate, Rajuk, Dhaka stating, inter alia, that the above named accused persons in collaboration with each other misused their power and allotted 9 kathas and 24 square feet of land in exchange of 3 kathas of land in Uttara Model Town for financial benefit of Taka 47 lac. Ther..

Category: Anti-Corruption Laws | Date: | Hits: 140

Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)

....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......of respondent Nos.1 and 59-61 instituted the above Title Suit No.207 of 1981, which was subsequently renumbered as Title Suit No.391 of 1984, praying for a decree for partition in respect of the suit land described at the schedule 'Ka' to the plaint stating, inter-alia, that Nazimuddin Sarder was th..

Category: Property Law | Date: | Hits: 28

Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)

....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ...... of 1996 in the First Court of Senior Assistant Judge, Naogaon, impleading the petitioner as defendant, for declaration that the deed of Heba-bil-Iwaz dated 19-3-1984, in respect of 1.08 1/4 acres of land described in the Schedule of the plaint, is illegal, fraudulent, without consideration and for ..

Category: Property Law | Date: | Hits: 26

Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......pon the respondents to show cause as to why the impugned order issued under Memo No. 3637 dated 18-11-1993 (Annexure-C) and the action of the respondents in evicting the petitioner from his leasehold land, vide Annexure-A should not be declared to have been made without any lawful authority. ..

Category: Constitutional Law | Date: | Hits: 200

Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......n LA Case No. 34 of 1993-1994 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to release 283/4 decimals of land belonging to the petitioner out of plot No. 1059 MRR Khatian No. 340 of Mouza Shamsharabad, Lak..

Category: Property Law | Date: | Hits: 57

State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)

....thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......s from village Rupashdi and the house of Kajal Ahmed Jalali was also in the same village. He said that previously he had tea stall by the side of Agargaon road but subsequently he started Cultivating land of others in Dinajpur. He denied the suggestion that Shujan could not be his friend and that he..

Category: Criminal Law | Date: | Hits: 109

Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)

.... there was practically no evidence, either documentary or circumstantial, in support of the defendants' claim of surrender of the tenancy by the CS recorded tenants in favour of the landlords and the settlement of the suit land with them. But the appellate Court missed these material aspects of the ......guna for cancellation of Kabala dated 5-1-1991 by reason that the same is illegal, collusive and without consideration. The plaintiffs case is that one Urful Bibi owning and possessing 38 decimals of land recorded in SA Khatian No. 146 transferred the same by a deed of gift on 30-11-1959 to her daug..

Category: Property Law | Date: | Hits: 32

Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)

....e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ...... and 4 praying for Specific Performance of Contract on the ground that the opposite party No.2 executed a bainapatra on 17-2-1982 in favour of the accused petitioners for transferring .01 decimals of land and he having failed to execute the sale deed, the accused petitioner filed Title Suit No. 285 ..

Category: Criminal Law | Date: | Hits: 40