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Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......nually as high as over 17 crores of taka per year. The opposite party No.2 having an establishment of biri manufacturing in the district of Bogra being jealous with the good-will, reputation and good sale market of the petitioner started manufacturing his brand of biri and marketing the same in the ......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ment quoted the following observation of Dankwarts LJ in Property and Bloodstock Ltd Vs. Emerton ([1967] 3 ALL ER 321, 324)- "On the face of the document, the contract is an ordinary contract of sale and purchase, though 'conditions' are referred to, the matters so referred to are merely the te...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......tioner forthwith. 4. The case of writ‑petitioner‑respondent No.1 is that he purchased the case property from one Abdur Sattar who failed to execute and register the deed of sale in favour of the respondent No. 1 and thus the respondent No. 1 instituted a suit for specific......209;petitioner forthwith. 4. The case of writ‑petitioner‑respondent No.1 is that he purchased the case property from one Abdur Sattar who failed to execute and register the deed of sale in favour of the respondent No. 1 and thus the respondent No. 1 instituted a suit for ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......f attorney in favour of the writ‑respondent No. 5 (respondent No. 9 in appeal No. 155 of 2000), for the management and disposal of the property and the said respondent upon obtaining permission for sale on February 12, 1996 from the authority while proposed to sell the case plot, the writ respon...... Block‑F, Mohammadpur Housing Estate, for 99 years from the Government on the basis of the allotment letter dated February 12, 1979 and in due course they paid the salami in 4 instalments and lease deed was executed on July 30, 1980 and possession was made over on September 12, 1979, that in 1990 ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... of Joy Gopal Mondal and thereupon Kartik Mondal got the property in Sarabo Mouza has not been disproved by the contesting defendant Nos. 1 and 2, rather plaintiffs have proved the said fact by the deed (Exhibit 6) executed by the son of Gonesh Mondal. It may be mentioned part of the property out..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....s agreed that two deeds would be executed, each for taka one lac one deed on 3.8.84 but on that date taka one lac was not paid and as such no deed was executed on that date. So, we find that story of execution of two deeds of taka one lac each was introduced by the defendant at a later stage but the......submissions:- "Mr. Khandker Mahbubuddin ahmed, the learned Counsel for the petitioner submits that in view of the well-settled principle of law that time is not of the essence of a contract for sale of immovable property and the stipulation requiring payment to be made within 4 months having b......86. From the statement of D.W.1 we find that he accepted Tk. 10,000/- on 31.8.84, Tk. 27,000/-on 28.9.84 and Tk. 18,000/- on 30.11.84. The defendant introduced a new story that it was agreed that two deeds would be executed, each for taka one lac one deed on 3.8.84 but on that date taka one lac was ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......year 1959 and since then his portion is being possessed by the respondents and proforma respondents. The second party of the proceedings did not know anything regarding the settlement case or auction sale and if there be any auction that is false, concocted, null and void document and has been creat......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....tiff Bank can be graced with reliefs prayed for. 26. Points formulated now may be approached and resolved. 27. Point No.1 Plaintiff Bank traced its title on the strength of an allotment and the execution and registration of a lease deed from former D.I.T. now RAJUK who is said to have acquired......d over to Defendant no.1 Saiyed Shahidul Huq who got his name mutated in the concerned Tahshil Office, and paid rent and got Rent Receipts. e. Defendant no.1 Saiyed Shahidul Huq for the purpose of sale made some small plots of land and transferred the property in favour of Defendant no.2 and defe......tory and building and it was treated as an abandoned property and it was taken over by Ministry of Industries as an abandoned Industry. Ministry of Industry, thereafter, transferred the property by a deed of transfer in favour of Defendant No.1 Saiyed Shahidul Huq as proprietor of Eastern Trading Co..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......ents. Judgment August 23, 2003. The Penal Code, 1860 (XLV of 1860), Sections 463, 464 & 467 The executant of the sale deed claiming herself the shebait and daughter of the deceased shebait falsely executed the de...... Judgment August 23, 2003. The Penal Code, 1860 (XLV of 1860), Sections 463, 464 & 467 The executant of the sale deed claiming herself the shebait and daughter of the deceased shebait falsely executed the deed he..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....pellant against order No. 12 dated 23‑11‑1999 passed by the Court of Subordinate Judge and Commercial Court No. 2, Dhaka in Title Execution Case No. 21 of 1998 allowing amendment of the execution application by way of inserting Taka 38,25,141.53 towards interests and costs. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......one prior to incorporation upon ratification of the company considered to have been done by the company………………(28) Effect of registration of a deed in violation of order of status quo Document registered in violation of an order ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......bsence of any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearly basis is of no substance…..(14) In absence of any registered deed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notic..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....alat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and since the impugned order in question was passed in execution proceeding of the Artha Rin Adalat, the provisions of Code of Civil Procedure should be fo......ure should be followed and accordingly, instead of invoking writ jurisdiction it was the duty of the petitioner to avail the procedure laid down in Order XXI, rule 90 CPC in setting aside the auction sale.
Cases Referred to-
Antibiotic Stores and others Vs. Subordinate Judge, Artha Rin Ada......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
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Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......ter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a registered deed of lease in perpetuity. The husband of plaintiff No.1, gifted the property to his wife ie plain..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......ce‑Chancellor of Dhaka University and Secretary, Ministry of Foreign Affairs of erstwhile Pakistan was allotted holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka on the basis of a lease deed executed on 248‑1956 and registered on 25‑9‑1956 by the Dhaka Improvement Trust (DIT). ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
.... then East Pakistan and the second Appeal No.625 of 1966 was dismissed by judgment and decree dated 1‑2‑1980. During pendency of the second Appeal No.625 of 1966 there was no order of stay of the execution proceeding and the decree holder put the decree into execution being Title Execution No.36......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....es compliance not only parties but even third parties who are not parties to the suit and who have notice of the same will be liable for contempt for disobedience of such order or for obstructing the execution of the same and whether the order is valid or irregular unless it is vacated, it has got t......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
.... No. 1's making inordinate delay in completing the transaction the plaintiffs would be entitled to obtain the kabala through Court. The defendant. No. 1 as he did not complete the formalities for the execution and registration of the kabala within the stipulated time and as he refused to execute and...... the plaintiffs and him, is the subject matter of Title Suit No. 360 of 1979 (subsequently renumbered as Title Suit No. 39 of 1993) filed by one Nurul Kader against him on the basis of a contract for sale and one Md. Habibullah Miah decided to purchase the benefit of that suit and entered into an ag......on, that plaintiffs never tendered the balance part of the consideration money, nor requested the defendant No. 1 upon offering the balance of the consideration money to execute and register the sale deed, rather they prayed for extension of time. 6. As against the judgment and decree of the tr..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....tered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of Tk. 1,50,000/- and when respondent No. 8 tried to avoid execution and registration of the sale deed the appellants had to file the aforesaid suit. 3.......ituted Title Suit No. 27 of 1976 in the 3rd Court of Subordinate Judge, Dhaka for specific performance of contract against the present respondent No. 8 who allegedly entered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total con......t property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of Tk. 1,50,000/- and when respondent No. 8 tried to avoid execution and registration of the sale deed the appellants had to file the aforesaid suit. 3. The appellant in Civil Appeal No. ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
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