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M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....n both the cases) Judgment April 2, 1984. Result: The appeal is allowed in part. The Evidence Act, 1872 (I of 1872) “Without prejudice”- letter written with the expression ‘without prejudice’ on the top of it- Its implication The words ‘'without pre......oth the cases) Faqeer Shahabuddin Ahmed, Senior Advocate, K.S. Nabi, Advocate instructed by Sharif-uddin Chaklader, Advocate-on-Record—For the Respondent No. 1 (In both the cases). Ex-parte.—Respondent Nos. 2-4 (In both the cases). Civil Appeal Nos. 31 & 32 of 1983. ...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....mons. Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching his p......equirements of the law have been strictly complied with. This is all the more necessary in a case where the service is not personal and also when the service is on a Pardanshin woman. An ex parte decree passed without service of summons is a nullity and on that ground it is liable to be se......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ter alleging that on 13.1.73 at about 4 P.M. four persons were kidnapped by the petitioners from Sobuj Sanga Club of Noahata Union, under Mohammadpur P.S. Jessore and another person was taken on the nextday at 10 a.m. for interrogation by petitioner No.14. All these five persons were untraced a......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......ed earlier that there was no sufficient ground to proceed with the case and the same was dismissed by him. Being aggrieved the complainant preferred a revisional application against the order of dismissal passed on 24.11.76 before the learned Sessions Judge, Jessore who as per his order dated 1..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....M.H. Alam, Sub-Judge, First Court, Chittagong on 28.1.70 in Misc. Case No.47 of 1967 under section 47 Cr.P.C. arising out of Execution Case No.4 of 1967 which was started on 1.3.67 on the basis of an ex parte decree passed in Mortgage Suit No.43 of 1964 passed on on24.2.6. 2. Decree-holder appe....... Alam, Sub-Judge, First Court, Chittagong on 28.1.70 in Misc. Case No.47 of 1967 under section 47 Cr.P.C. arising out of Execution Case No.4 of 1967 which was started on 1.3.67 on the basis of an ex parte decree passed in Mortgage Suit No.43 of 1964 passed on on24.2.6. 2. Decree-holder appella...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
.... 16 4.76 passed in ignorance of the date of death of the sole plaintiff. Mr. Chaklader submits that this is a fit and proper case where in the interest- of justice the learned Munsif should have exercised his powers under section 151 C.P.C. 6. I find great substance in the submission ......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ...... suit. By his judgment and order dated 26.6.76 the learned Munsif dismissed the Miscellaneous case as not maintainable on the ground that the application was filed more than 30 days after the date of dismissal for default and as such it was barred by limitation. 5. Mr. Md. Sharifuddin Chaklader..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
.....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 leased out land to the lessees. Thereafter the lessees executed a registered kabuliyat, dated 25.1.55 in favour of their lessors. These lessees had been in......ave neither title nor possession and as such the suit is liable to be dismissed with cost. 4. The predecessor of the present learned Munif decreed the suit against the defendant No.6 and ex parte against the rest. Being aggrieved by the decision, the defendant preferred Title Appeal N......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 ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....rt of 1944 when plaintiffs 2-5 were minors, plaintiff No.1 Syed Ahmed Chowdhury was appointed as Mutawalli and managed the Wakf estate. (Yousuf Ali Chowdhury and Fakir Mohammad Chowdhury subsequently expired in 1956). After taking over the management of the wakf estate plaintiff No.1 Syed Ahmed......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. ......9;s possession taken through Court amounts to defendant No.1’s possession and that the suit is barred by limitation against defendant No.1. 55. Against the said judgment and decree of dismissal of the suit against defendant No.1, plaintiffs preferred title Appeal No.262/61. The learn..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....thout a specific denial, it is taken to admitted. Thus the material proposition of fact affirmed by the pre-emptors regarding 'the fact that if the pre-emption is allowed, the added land will not exceed the ceiling of land the pre-emptor are permitted to hold under the law has not been specifica......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ...... the absence of any averment to the contrary, will not render the application liable to be dismissed and omission to record a finding to this effect in such a circumstance cannot be a ground for dismissal of the pre-emption case. 19. There is no specific allegation in the instant case in t..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....d without jurisdiction. During the pendency of the present suit he amended the plaint by an application dated 13.9,75 and averred that he was on leave from 10.11.73 to 20.7.75 on medical ground. Upon expiry of leave on 20.7.75 he filed joining report to the Administrator on 21.7.75 hut the Secr......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ......ficiency and Discipline) Rules, 1968 and the office memo dated 26.10.74 inflicting some punishment upon him are illegal, ultra vires, irregular and without jurisdiction and (3) that the order of dismissal from service by memo dated 4.8.75 is illegal, unwarranted and void. 3. The learned Mu..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
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 ......ot;. In April 1980 the defendants sought to launch their version of the product under the names "Country Fair Oven Chips" and "Birds Eye Oven Chips". The plaintiffs obtained an ex parte injunction in the Queen's Bench Division to restrain the defendants from marketing their p......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....eemonta Chatterjee died in Jaistha 1344 B.S. leaving the plaintiffs No.1 and 2 as sons and Sarat Kumari Debi as his widow. Sreemonta Chatterjee constructed a two storied building on the suit land and executed a registered deed of gift in respect of the suit property on 30-6-34 in favour of his wife ......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 ......t grant any time and dismissed the suit for default. Thereafter the petitioner filed an application under section 9 Rule 9 of the Code of Civil Procedure for setting aside the said order of dismissal for default stating that on 12-9-76 Mr. Amjad Hossain tried to engage a senior Advocate in..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 ......ot;. In April 1980 the defendants sought to launch their version of the product under the names "Country Fair Oven Chips" and "Birds Eye Oven Chips". The plaintiffs obtained an ex-parte injunction in the Queen's Bench Division to restrain the defendants from marketi......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
....posite Parties Judgment December 13, 1982 Result: The CR petition is restored to its original file and number. Whether Every Order in a Criminal case is a judgment- The expression judgment has not been defined in the Code of Criminal Procedure but an examinat...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ......very Order in a Criminal case, therefore was not a judgment. Whether a decision of the High Court Division which is neither an order of conviction nor of acquittal is judgment- The order of dismissal for default being not a judgment within the meaning of section 369 of the Code of Criminal..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....ned Additional District Magistrate at all applied his judicial mind to the materials on record. The spirit of second amendment (Ordinance No.XXIV of 1982) is to dispose of cases with utmost expedition but the same cannot be meant to be dismissal of cases summarily without assigning any rea...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......ied his judicial mind to the materials on record. The spirit of second amendment (Ordinance No.XXIV of 1982) is to dispose of cases with utmost expedition but the same cannot be meant to be dismissal of cases summarily without assigning any reason at the cost of dispensation of justice. It..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ar before this Court and no order has been passed regarding him and as he is allegedly the main culprit in this gruesome murder it is advisable to bring him before this Court in the first instance to examine whether there are materials to proceed against him or not." The second order is dated 2......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ...... by the informant after submission of the charge sheet and also of the petition praying for taking cognizance against the petitioner. It is evident that those necessarily amounted to a dismissal of the complainant under section 203 and also discharge of the accused petitioner. Th..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
....which did not disown it. It would be wrong to say that this document was a unilateral document, as was observed by the High Court Division. Further, the respondents' predecessor, having executed the document in question on accepting the terms and conditions mentioned therein ......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......also contested this suit. After hearing the suits analogously the trial Court by its judgment dated 19 6.61 dismissed Title Suit No. 76 of 1958 but decreed Title Suit No. 98 of 1958. Against the dismissal of Title Suit No. 76 of 1958 the appellant filed Title Appeal No. 441 of 1961. Arjun ..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....il Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case the court delivered possession of the suit land......Procedure. 2. For the purpose of disposal of the appeal suffice it to say that the plaintiff filed the suit for declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case the court delivered possession of the suit land in......ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....l in collusion with the contractors of the said work. Thereafter the petitioner was served with a charge sheet dated 7.2.1979 alleging negligence of duty, dishonesty and corruption with regard to the execution of the said work. In the charge-sheet there were as many as 7 charges against the petition......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......ry rules the Chairman of the Local Parishad was the appointing authority and an employee of the council —In the absence of any statutory rule and regulation relating to power of appointment and dismissal of the Zilla Board employees engaged in projects of works programme the dismissal of the p..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
.... only proposal that the petitioner be suspended--When two options are open the authority should consider both--There should be something on record to show that the authority duly applied its mind and exercised its descretion in favour of one of the two alternatives--The papers on record no where ind......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......n exercise of the powers conferred under Article 56(5) of the constitution of Bangladesh and submitted that Item 73 under Schedule III of the rules of Business laid down that "cases of dismissal, removal, compulsory retirement or reduction in the rank of officers of whom the president..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....cretariat of the Government of Bangladesh providing a comprehensive formula for grating benefits to the employees who participated in the war of liberation; the aforesaid memos have been marked as Annexure 'B' and 'C' to this petition. 2. So far as the facts of this case is concerned...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ...... certain benefits on the Government servants who participated in the liberation struggle, or abstained or defected in favour of the Government of Bangladesh at Mujibnagar or suffered imprisonment, or dismissal or detention in the hands of the occupation army for the cause of the nascent struggling G..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
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