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BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....he appellants therein are respondent Nos. 1 and 2 in Civil Appeal No. 36 of 1991 along with the Registrar of Trade Marks and the Government as respondent Nos. 3 and 4. 4. The contest for the disputed trade mark "Cock" between the BCIC (representing Ujala Match Factory) and the n......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
.... than Writ Petition No. 355 of 1985, three appeals to this Court, by special leave, were preferred from the High Court Division's judgment. These are CA Nos. 10, 11 and 12 of 1987. Those appellants disputed the, decision as to non‑applicability of the new Rules and also raised certain quest......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ffidavit and Counter‑Affidavit along with the GD Entry and the Petition to the Police Commissioner. The learned Judges did not think it necessary to call for evidence to determine the highly disputed issues. The learned Judges said in their opinion the statement of this appellant is false ......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 79
....cancel, rescind or withdraw the same. By judgment and order dated 27.8.91 the High Court Division discharged the Rule. This appeal is by leave from the said judgment and order.
4. The disputed land measuring 3.28 acres admittedly belongs to the Government and is managed by the Minist......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....ellate Court. In this backdrop, the observations of the learned Single Judge of the High Court Division in the civil revisional case that "the sale deeds of the two rival claimants were not seriously disputed at the time of trial by the other claimants. The plaintiff’s title to the suit land stand...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ..Category: Property Law | Date: | Hits: 73
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....eport is Exhibit‑3, lends support to the ocular evidence of PW 1 that Idris Fakir died from a chest injury caused by a penetrating weapon like a Sokki. Moreover, the cause of his death is not disputed either. 9. Now the question is how far the evidence of the witnesses declared hosti......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....ed to produce any writ of delivery of possession about their alleged Rent Execution Case No. 222 of 1950 the interest of Jinnat Ali was not extinguished and Jinnat Ali had subsisting interest in we disputed property and consequently decreed the suit. The lower appellate Court accepted the correc......r of '72 acres in the properties of Khatian No. 236 but he fraudulently recorded his name in Khatian No. 233 as 15 gondas owner and recorded more lands in excess of his ' 72 acres in under raiyati khatian No. 236; that both the khatians are wrong and that the plaintiffs are not owners of '24 acr..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....the holding and landlord Badruddoza never got khas possession in the same. Defendants also assert that the subsequent patta holders namely, defendants 21‑30 did not get khas possession in the disputed land and consequently the plaintiff also did not acquire any right, title and interest in......t also found that there was no sale certificate and writ of delivery of possession and that Ext. 8 did not show any particulars so as to connect it with the suit land. The rate of rent of the suit khatian also did not tally with the total claim of 4 year's rent as in Ext. 8. Yet the lower appell..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....of action has accrued is to ascertain the time when plaintiff could first have maintained his action to a successful result". 13. The principle of law referred to above cannot be disputed but in the facts of the present case it cannot be usefully called in aid. We shall present......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....Therefore, the prayer for stay of delivery of judgment under section 344 was itself misconceived. 13. Irrespective of the question whether delivery of judgment is a part of the trial, it cannot be disputed that granting of stay is a matter of discretion for the court and it cannot be claimed by a......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....€‘weather remedy nor a remedy for all wrongs. It is available only when "no other equally efficacious remedy is provided by law". Delay will defeat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....and of schedule 1 openly and as of right since then by amicable partition among themselves and growing crops, etc. and thus they acquired title by adverse possession. Their further case is that the disputed ‑/4/‑ annas share originally belonged to one Jagat Chandra Gupta. The shebait ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....alisation of arrear rent, against Afsar Ali Akon and others, and in that suit plaintiff No. 2 was impleaded as a proforma‑defendant as his father Krishna Lai Kundu was not then alive. As the disputed lands were recorded in the name of his benamder, plaintiff No. 1 obtained a deed of releas......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....on 119. But that is not to say that a third party can never raise the question of title of a party to the exchange. For example, in the present case, defendants claiming title to themselves of the disputed property were competent to question the plaintiff’s exchange. Therefore, the learned......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
..../‑ at the time of execution of the document. The appellate Court below, reconsidering the evidence on record, found that circumstances were against Isobullah for claiming actual market value of the disputed property at the time when he executed Ext. 1. The trial Court found the sixth test also in ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....ntiff of TS 48 of 1971) was defendant No. 6. The suit land being the same, the two suits, OC Suit No. 109/70 and TS 48/71, were heard analogously and disposed of by one judgment. 3. Admittedly the disputed property originally belonged to one Ananta Bandhu Sen. According to the plaintiff of OC Sui......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....f cement was stopped. 11. The Bangladesh Shipping Corporation in its affidavit‑in ‑opposition joined issue with the respondent, denied the allegations made against it and laid its claim to the disputed cement on account of alleged lien on the cargo including charter hire and other charges and......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....dated 19.3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the same through bargadars. Second party‑responde......e disputed land. 1st party was in possession of the case land at the date of order of drawing up the proceeding. Hence it is ordered that 1st party is entitled to possession of the proceeding land khatian No. 526 plot No. 759 under char Iswardi Mouza measuring an area and will restore the posses..Category: Criminal Law | Date: | Hits: 53
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....Chittagong Port Authority, Chittagong Vs. Kalipada Dey & ors. 39 DLR 39. It was done again without referring the matter to the Chief Justice for constituting an appropriate Bench for settling the disputed question of law. 6. The uncertainty with regard to the powers of the Labour Court was un......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....pportunity to controvert the new facts and the proceeding may unnecessarily prolong and, more important, this Division will be deprived of the valued opinion of the High Court Division on the newly disputed point. In this case respondents' failure to produce the conviction will be necessary for ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
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