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Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....d decisions it appears to me that if one of the features of the marks are similar but there are other distinguishable features and there are dissimilar points in them and the unwary purchaser is expected to keep his eye open, as has been observed by the Supreme Court of Pakistan in the cas......consisting of the device of a "Flower Tub" with the Device of a "Bono Ful" under application No.15115 in Class-3. Their case is that these devices are quite distinct and different from the 'Water lily Flower' adopted by the plaintiff as his trade mark and these are d..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... started taking advantage of the fact that the father of the Munsif-Magistrate was a Head Assistant while the contemner was his superior officer at Naogaon. A few days after his arrival the contemner expected that the Munsif-Magistrate should treat him as his superior officer and started behaving wi...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......the said landlords by amalnamas and from them the plaintiffs purchased the said lands by 9 kabalas. Since their purchases the plaintiffs have been in possession of the said land on regular payment of rents by setting up a milk producing Cooperative Society and by growing Khasari, Kalai and othe..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....n momentary and partial glimpse of the faces of the assailants. No reliance was placed on such identification, the dacoity being committed at night, the terrorised persons at that moment could not be expected to memorise the faces of large number of dacoits. The case before us is not one of having a......rs Vs. The State: PLD 1975, Karachi 275. In this case of murder the appellants were given benefit of doubt as there was only one eye-witness giving three inconsistent versions at three different stages. The Court found it difficult to place reliance on the delayed identification test based..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......nanama by defendant No. 1 alone as the sole owner of the suit property. This defendant No. 3 also admitted that he along with defendant No.1 transferred certain lands including the suit lands to different persons including the petitioner Abut Hashem. He further asserted that he along with defendant ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ...... Rule 54 of the Government Estate Manual reads as follows:— "54 Equitable distribution of land amongst the bona fide cultivators is one of the main purposes for acquisition of all rent-receiving interest. The chief restrictions on settlement of land imposed by section 76 of the S..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......corded in the name of defendant as to disputed plot No. 1292. It is not in the name of the plaintiff and to his knowledge. There is nothing on record also to show that the plaintiff had ever paid any rent to the defendant as their leasee as it would have been done if he was in fact a tenant, a lesse..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ...... Advocate for the petitioner was that in view of the fact that the trial court "presumed that the plaintiffs did not possess the land since auction purchase" on the ground of non-payment of rent by them, the appellate Court erred in law in allowing the appeal without altering the aforesaid..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ......defendant Nos.4, 5 and one Laxmi Kanta, the predecessor of the defendant Nos.1-3. The said owners orally leased out the suit land to the defendant Nos.7-11 of the Isth Baisakh, 1360 B.S. at an annual rental of Rs. 5 annas 12 only on receipt of proper salami and delivered possession of the lease..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......y, but actually it was not their personal property. It was in fact Wakf property and was wrongly recorded in the R.S. Khatian in the names of Yousuf Ali and Fakir Mohammad which facts have been concurrently found by the Courts below and are undisputed by the defendant appellant. The property was not..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......on on merits occasioning a failure of justice and cannot be sustained. 6. Mr. S.C. Das, the learned Advocate for the respondents has, on the other hand submitted that the Courts below have concurrently found that the document in question is a benami transaction and that the consideration of the..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......tian No. 48 of mouza Bagumbari District Dhaka. As Mutwalli the plaintiff is also the owner of two huts thereon. The defendant No. 2 took monthly lease of the suit land from the plaintiff in 1958 on a rental of Rs. 300/-, per month in the name of the defendant No. 1 M/S National Saw Mill. Defendant N..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....udgment the learned District Judge has held that the plaintiff's and defendant's cartons are both of yellow colour on a red background. Prima facie the illiterate and unwary customers are not expected to distinguish between the two. He also held that prima facie the defendant's biscuits ......denying the material allegations of the plaintiff-respondent. It is the case of the defendant-appellant that the specimens of the respective cartons of the plaintiff and the defendant have their different and distinctive features, There is no resemblance between the two so as to deceive an unwary cu..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......land and executed a registered deed of gift in respect of the suit property on 30-6-34 in favour of his wife Sarat Kumari Debi. Sreemonta Chatterjee had several toujis and tenures with the arrears of rent were acquired by the Government under section 3(1) of State Acquisition and Tenancy A..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....udgment the learned District Judge has held that the plaintiff's and defendant's cartons are both of yellow colour on a red background. Prima facie the illiterate and unwary customers are not expected to distinguish between the two. He also held that prima facie the defendant's biscuits ......denying the material allegations of the plaintiff-respondent. It is the case of the defendant-appellant that the specimens of the respective cartons of the plaintiff and the defendant have their different and distinctive features. There is no resemblance between the two so as to deceive an unwa..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ......nd Sharoda and that he is the son of Krishna Chandra and that opposite party No. 2 is also a co-sharer by inheritance in the aforesaid C.S. Khatian No. 803, that the opposite party No.2 by three different kabalas sold some portion of the disputed plot to the opposite party No.1 in the year 1972 and ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ...... statute which confer such right-Review on the ground of discovery of new and important matter or evidence as referred to in rule 1 or the existence of a clerical or arithmetical mistake or error apparent on the face of decree is entertainable and disposable by the court which passed the decree or m..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......d paid half of the barga crops as per term of the agreement to the defendant for quite a number of years till 1953. Thereafter the property was put to auction by the landlord for arrears of rent due from the plaintiff as tenant. The plaintiff filed a Misc. Case being Misc. Case No.344/45 a..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......tructed the shop houses, godowns, C. I. sheet huts and a small pucca house which was kept in khas possession of the plaintiffs. Other structures were late out to two groups of defendants on monthly rent, namely, defendant Nos. 1 and 2 in one group and defendant Nos. 3 and 4 in the other. While t..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......eed of lease is an act of forgery and it conferred on Maqsood Alam no title in law. The state sustained a wrongful loss of about Tk. 50.00.000/- thereby in addition to the loss by way of payment of rent to the accused petitioner. On or about 1.1.75 the accused petitioner trespassed into and forcib..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27