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M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....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 ......td. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi— For the appellant. AsrarulHossain with Syed Sakhawat Ali- For the respondent. Appeal from Original Order No. 153 of 1982. Judgment Mustafa Kamal J. — This First Miscella......the trial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided completely on the evidence on record and on the appreciation of facts and law independently by the trial Court without being influenced in any way by any prima facie finding or o...... their product under the name "McCain Oven Chips", this was strong evidence that the name "Oven Chips" was descriptive of the product and the name "McCain" indicated the source of origin of the product. It was also held that the name "Oven Chips" was an ingeni..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....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. ......rade Mark Cases) 69 (CA) Lawyers Involved: Abdur Rashid Khan with Ashraf Ali Kazi— For the appellant. Asrarul Hossain with Syed Sakhawat Ali–For the respondent. Appeal from Original Order No.153 of 1982. Judgment Mustafa Kamal J.- This First Miscellaneous Ap......rial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided completely on the evidence on record and on the appreciation of facts and law independently by the trial Court without being influenced in any way by any prima facie finding or o...... under the name "McCain Oven Chips", this was strong evidence that the name ''Oven Chips" was descriptive of the product and the name "McCain" indicated the source of origin of the product. It was also held that the name "Oven Chips" was an ingeni..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
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. ......ssa Bibi; 19 D.L.R. page 17; 38 C.W.N. Page 883; 20 C.W.N Page 347. Lawyers Involved: M. S. M. Nasirul Islam—For the Appellant. M. A. Rahim—For the Respondent. Appeal from Appellate Decree No. 693 of 1968. Judgment Anwarul Hoque Chowdhury J.- This appeal at...... suit on a finding that the patta was in fact a mortgage deed and not a lease document, proved by subsequent conduct of the parties and also by oral agreement as to that, and also having it proved by independent witnesses and in that view of the matter the Court found right, title and interest of th......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. ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......o allow parol evidence to be given of what they are alleged to contain when there is reason to suppose that the documents themselves exist. If a letter exists, it may contain something very different from that which the witness represents to be its contents. When an important letter is not produced ...... Custodian and the Government principal-defendants 1 and 8, did not move against the impugned decree and rather accepted the same, the present petitioners, who were merely lessees under them, have no independent right in the suit land and against whom no relief had been given for which they could be......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
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. ......112 of 1982. (From the Judgment and decree passed by the High Court Division in First Appeal No. 33 of 1974 dated 19-1-82.) Judgment Fazle Munim CJ.- This appeal arises from First Appeal No. 3 of 1974 passed by the High Court Division decided on January 19, 1982. ......there was any specific finding by the High Court Division that the entire subject-matter of the tenancy was destroyed by the accidental fire and whether the finding of the appellate court was an independent one based on proper consideration of the evidence on record and if not whether section ....... 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. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......No.113 of 1981. 2. The prosecution case in brief, is that on 13-11-70 at about 9 A.M. the complaintent's labourers including deceased Rahim Sheikh and deceased Mona Korati were cutting paddy from the land of the complainant. At that time the accused appellants along with others came armed w......nviction and sentence should be set aside. Secondly the learned advocate argues that in this case all the material witnesses are related to the complainant party and the prosecution did not bring any independent and disinterested witness to prove its case and in that view of the matter the prosecuti......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......ent and recovery of certain articles. 2. Plaintiff-opposite party No.1 instituted the aforesaid suit on 18-12-73 against the deceased father of the petitioner, Rajani Kanta Lala for his eviction from the suit premises described in schedule 1 to the plaint and for recovery of certain articles fr...... of the rule has firstly submitted that, a decree for eviction of the petitioner could not be passed upon the aforesaid finding in as much as the petitioner was claiming interest in the suit premises independently having obtained a tenancy from Matinuddin Ahmed and not through his deceased father. U...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ...... filed O.C. Suit No. 225 of 1960 in the Court of Munsif, Rajshahi, for recovery of khas possession of the suit land by ejecting the appellant-defendant. He claimed the appellant to be his tenant from month to month in respect of the suit premises. The appellant denied the landlord-tenant rela&s......aimed the appellant to be his tenant from month to month in respect of the suit premises. The appellant denied the landlord-tenant relationship with the respondent and set up a claim of his independent title on the basis of purchase. The suit land consists of 3 Plots Nos. 25, 26 and 27 rec......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......have been heard together and are being disposed of by this judgment. 2. The prosecution case was that on 29th Bhadra, 1386 B.S. corresponding to 15-9-79 at about 9 P.M. informant Binode returned from hat when he was informed by the wife and son of his elder brother Jitendra that accused Jogesh ......ce- Unproven Oral Confession- In the alleged oral confession nothing was said where, when and in what manner the murder was committed. Such oral confession was also not supported by any independent witnesses and cannot be believed. Fabricated False Evidence and False Statement ......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......served a notice on the accused-respondent to prove that the accused-respondent not only failed to produce the particulars and registers on demand but also failed to maintain the same which is evident from his failure to produce the same upon receipt of notice. In the absence of any evidence in ......lic corporations in contradistinction with private corporations set up under Companies Act by the citizens. The State policy is to utilize the principle of corporation. A corporation has its own independent existence distinct from the shareholders or directors or administrators and has all......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
.... to the decisions in the cases of Shah Alam and others Vs. The Crown 10 D.L.R. 237 and Rameshwar Vs. The State of Rajasthan, (1952) S.C.R. (India) 377. In support of his argument that the question of corroboration by independent evidence arises generally in the case of a woman of full age he refers ...... years while accused appellant Abul Hossain is aged more than 38 years. The kidnapping of the victim girl P.W.2 Ferdousi Begum by accused appellants Abdul Quddus @ Nausha and Abul Hossain @ Abul from the house of P.W.4 Mokbul Hossain took place at about 9 or 10 P.M. on 3rd May, 1979. P.W.4 Mokb...... to cases of misdirection to the Jury for not cautioning them that they should consider whether it is reasonable and safe to act upon the evidence of the victim girl or women not corroborated by independent evidence. He refers to the decisions in the cases of Shah Alam and others Vs. The Crown ......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......onalized concern under the Bangladesh Chemical Industries Corporation (hereinafter referred to as the BCIC) shipped sixty fibre drums of Chloramphenical on board steamship Nedlloyd Leuve for carriage from Bremen, West Germany to Chittagong. Defendant No. 1, the carriers failed to deliver the cargo w......laintiff to file this suit. It is contended that the plaintiff was an abandoned concern and its all shares were vested in the Government, and as it is now managed and controlled by the BCIC it has no independent personality of its own. In this regard attention has been drawn to depositions of P. Ws.......ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......ossession of the garden in 1975 and the learned Assistant Attorney General had no answer as to how the government could re-enter and take possession without the intervention of the court. Viewed from any stand point, it must be held that the impugned action of the government was illegal an......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......d whatever could be carried away were looted. The labour and the staff ran away with their lives. The work had to be suspended due to the above troubles of an unusual kind, and no assistance from any source could be had. The Company could not do any work for nearly two years. 16. The petitioner..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ....... While concurring with the same, I would like to add a few words of my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Government file that was produced before us by the learned Assistant Attorney General. ......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......tever could be carried away were looted. The labor and the staff ran away in fear of their lives. The work had to be suspended due to the above troubles of an unusual kind, and no assistance from any source could be bad. The Company could not do any work for nearly two years. 14. The petitioner..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....f Kushtia in 1971 admits in his cross-examination that the Peace Committee distributed relief for the public from its office at Nimbasar Press. The Special Tribunal has completely overlooked the corroboration of defence plea by the aforesaid P.Ws. We record our respectful agreement with the dec......cused appellant was further convicted under Article 2(b) (v) read with Part IV (b) of the Schedule to the said order for his participation in October, 1971 in the purported by election as a candidate from NE-40 Kushtia-II constituency and sentenced to suffer rigorous imprisonment for 5 years and als....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ......lant. S. R Pal, Senior Advocate, B. K. Das, Advocate instructed by S. M. Huq, Advocate on-Record (absent) -For the Respondent No. 1. Civil Appeal No. 32 of-1981 (One appeal from the judgment and decree dated 7th August, 1979 passed by the High Court Division in Second App......he parties. Next comes section 16 which is in the following terms: When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specific......t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ...... as the provisions of the constitution. The nature of the proceeding and the purpose of the Act are to be considered to see the jurisdictional infirmity of the order complained. When the challenge is from an order of a Court Martial set up under the Army Act to enforce the Military law, the jurisdic......or any contempt of itself. 5. A combined reading of the provisions set out above indicates that full judicial powers have been conferred by Bangladesh Constitution on the supreme judiciary as an independent organ of the Sate. It has power to declare a Law passed by the Legislature inconsistent ......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
...... sister's husband of Air Vice Marshal M.G. Towab (Retired) (hereinafter referred to as Towab) has called in question the impugned act of refusing Towab to reenter Bangladesh or his expulsion therefrom on 1-7-80.
3. The petitioner's case, in short, is that he is the constituted attorney ......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......ase reported in PLD 1963 Dacca 754.
24. The learned Deputy Attorney General contends that Zamiruddin Ahmed has no personal knowledge of the facts stated in the petition. He has not disclosed the source of his knowledge. In the instant case in paragraph 3 of the supplementary affidavit it has be..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ...... Hossain, Advocate-on-Record, for respondents 1-4, B. Hossain, Assistant Attorney General, instructed by Zinnur Ahmed, Advocate-on-Record—For respondent 5 Cr. A. 5 of 1981 from Cr. A. 48 of 1978 Judgment Shahabuddin Ahmed, J: This appeal by special leave is from....../- each, in default, rigorous imprisonment for one year more. The learned Sessions Judge found Amatunness not guilty as she was under the control and influence of the other accused persons and had no independent will of her own in the matter. 4. In the appeal before the High Court Division the ......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ......ion of the guarantee has been fulfilled and the bank is bound to make the payment without any further question and without reference to the contractor. As to what the purchaser is entitled to recover from the supplier as liquidated damage and /or penalty for the default of the supplier is a question......e guarantee amount. As against this Mr. Hasib the learned Advocate for the plaintiff-respondent submits that though the contract of guarantee arises out of a contract of purchase and supply yet it is independent of that contract and having undertaken to pay the guaranteed amount un-conditionally and...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
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