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Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....owever be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......stant case the pertinent question is whether the finding of the Courts below with regard to the relationship of the Headmaster and the Managing Committee of the school was a finding which can be called illegal. 12. This question as to condition which constitutes the relationship between a ...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....ervice of summons. 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, t...... 4. On appeal the learned Additional District Judge held that though the service return did not contain any affidavit of the serving peon that is no an absolute requirement of law and that the so-called irregularity did not result in the suppression of the summons. He accordingly found that ther......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
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....nsif, Patiya in other Suit No.37 of 1979 on 23.3.81.The opposite party No.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other sons and four daughters. The suit lands which are covered by a......ly decreed the suit in reversal of the judgment and decree of the learned Munsif. The learned Subordinate Judge has not committed any error of law in his decision and no interference by this Court is called for. The Rule is accordingly discharged. Parties are made to bear their own costs. ......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
.... to 23.9.70. Out of his foreign exchange savings in U.K. the plaintiff purchased a Volkswagen 1200 Sedan 1971 Model Car through defendant No. 3 namely Messrs Modern Motors Ltd. who happened to be the sole distributors of Volkswagen in Pakistan. It was agreed between the plaintiff and the defendant N......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......not be taken away by anybody from the port which is a protected area without the connivance of the defendant No. 1 and its officers and staff The defendant No. 1 is therefore liable to compensate the loss at the plaintiff. 6. It was stated in the plaint that the defendant No. 3 was responsible ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....s.............................Petitioners Vs. S.D D. Singh Hazari & others........................Opposite parties Judgment March 4, 1984. Result: The Rule is made absolute. Cases Referred To- Ashwini Kumar Karmaker and others Vs. Hari Mohan and others, 36......did not part with his possession but simply made a show of transfer for any purpose such as to put away his creditors, as in the case reported in 51 C.W.N. 644, then such a transaction, whether it is called 'Benami' or colourable may be gone into.” In the instant case it is obviou......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....e allowed to urge his objections which if he had done before the lower Court the points in dispute could have been adjusted and settled in a satisfactory way by the lower Court.” 5. I am also referred to Ma Dwe Vs. Ma Tin Lun reported in A.I.R. 1920 Lower Burma 31 where it has been held t......Dwe Vs. Ma Tin Lun reported in A.I.R. 1920 Lower Burma 31 where it has been held that the proper time for an aggrieved party to object the findings of the Commissioner is clearly when the parties are called upon to state their objections for the consideration of the trial Court and if either party f......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253 ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
.... others.......................Petitioner Vs. Satyandra Nath Halder..............................Opposite Party Judgment January 30, 1984. Result: The rule is made absolute Cases Referred to- Makbul Vs. Md. Idris (1969)21 DLR-511; Mir Laik Ali Vs. Standard......on of evidence on record and the legal aspect of the case has found that the kabuliyat, dated 25.1.66, Ext. 2, is hit by section 75-A of the State Acquisition and Tenancy Act, 1950 (herein after called the Act) and the said lease was null and void and as such the land stood forfeited to Go......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
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
...., Chittagong from Imperial Chemical Industries (Pakistan) Limited for Taka 3,30,000/. (Taka three lacs thirty thousand). Plaintiff-respondent agreed to purchase the same and the defendant-appellant also agreed to sell the same to the plaintiff-respondent at the said price. The plaintiff paid Taka 33......e property. 2. On 7.6.74 plaintiff respondent M/S. G.K. Brothers instituted Other Suit No. 41 of 1974 against the appellant defendant Imperial Chemical Industries (Bangladesh) Ltd., (hereinafter called the appellant defendant) /or specific performance of contract contained in the agreement Ext....... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114 ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
.........................Petitioners Vs. Prof. Zillur Rahman & others............................Opposite-Parties Judgment December 12, 1983. Result: This Rule is made absolute. Lawyers Involved: K. Z. Alam with Mir Hashmat Ali— For the Petitioner. ...... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83. ......till the disposal of such suit or that the plaintiff being an officer of Rajshahi University suing the highest officer of Rajshahi University over an official act will suffer any irreparable personal loss and injury in case no such temporary injunction is granted by the Court concerned. Injunction b..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
.... and having its registered office at 86, Mughaltuly, Dhaka. They want the removal of the name of respondent No.11 Sigma International Inc. from the share register. 2. The petitioners have also simultaneously filed the present application under Order, Rules 1 and 2 read with section 151 C.P......e contrary is proved, every general meeting of the company or meeting of the Board of Directors in respect of the proceedings whereof minutes have been so made shall be deemed to have been duly, called and held, and all proceedings had thereat to have duly had The onus is on the petitioners to ......estrained by an order of injunction from participating and voting in the annual general meeting of the respondent No.1 company, the petitioners will be gravely prejudiced and shall suffer irreparable loss and damages. They contend that the name of Sigma International Inc. has been fraudulently and w..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....stice; (2) that the proceedings instituted against him by Memo dated 3.6.74 under the Local Council Servants (Efficiency 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) t...... the first order of transfer the learned Subordinate Judge held that the plaintiff was deputed to the post of Assistant Accountant as a measure of punishment. He was not heard nor any explanation was called for from him before such an order was passed. The post of Assistant Accountant, Dis......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 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
.... others............................Petitioners Vs. The State.............................................Petitioner Judgment October 25, 1983. Result: The Rule is made absolute. Section 29 of the Special Powers Act, 1974 provides that the provision of the Code (of ...... in Tribunal Appeal No.27 of 1980 should not be set aside. 2. The case for the prosecution is that on 4.6.77 at about 8 P.M. accused petitioners Abdul Jalil; Nurul Amin, Sagir Ahmed and Kala Mia called deceased Abdur Rashid alias Md. Petan to go out with them to the house of accused petitioner ......Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....xpeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ...... the petitioner as appears from the affidavits and the revisional application that Nasu Khan in fact had a heart stroke while at his Khulna office at 7/3 South Central Road when Dr. Azizur Rahman was called in and on his advice he was carried by his own Launch to Dhaka and while the launch reached a...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
.... not attested by any authority of the Government in the then East Pakistan. So far this registered deed of gift is concerned, it included ail the plots of lands covered by Khatian No.25 and it also alloted different plots of lands between the plaintiffs defendants specifically while delive...... partition suit arose because six plots of lands within khatian No.25 were not allotted separately to the plaintiffs and the defendants. In such circumstances the question is whether it could be called a partial partition or if at all, and if so whether such partial partition could be allowed i......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....82 passed by the learned District Judge, Dhaka in Title Suit No.19 of 1981 granting temporary injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.81 absolute. 2. The plaintiff respondent Haque Brother (Industries) Ltd. filed the aforesaid suit fo......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 ......dant's biscuits are colourable imitation of the registered Trade Mark under which the plaintiffs are manufacturing the "Mr. Cookie butter coconut biscuits". The plaintiff's monetary loss cannot be ascertained. So they will suffer irreparable loss in the absence of the Court's p..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)
.... passed by the learned District Judge, Dhaka in Title Suit No.19 of 1981 granting temporary injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.1981 absolute. 2. The plaintiff-respondent Haque Brother (Industries) Ltd. filed the aforesaid su......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. ......#39;s biscuits are colourable imitation of the registered Trade Mark under which the plaintiffs are manufacturing the "MR. Cookie butter coconut biscuits". The plaintiff's monetary loss cannot be ascertained. So they will suffer irreparable loss in the absence of the Court's p..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
...............................Petitioner Vs. Abdul Rob Chowdhury & others...........................Opposite party Judgment September 29, 1983. Result: Rules are made absolute. Demarcating a joint holding sub-section (3) of section 117 that that whe...... in paragraph 8 of the said-affidavit it is stated that the petitioner did not claim his right of pre-emption as a contiguous owner too. 8. At the time of issuance of the Rules re-cords were not called for. But on being asked the learned Advocate for the petitioner produced the certified copy o......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 ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
................Respondent Judgment September 29, 1983. Result: The appeal is allowed. Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor Judge The right of review of a judgment is a substantive right and its scope, extent manner......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. ......ditions may he disadvantageous to the allottees as the Corporation may demand an exorbitant salami beyond the means of the allottees. The members of the plaintiff- Association will suffer irreparable loss and there will be multiplicity of suits and proceedings if the order of status quo is not grant..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
..... Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 filed u/s 53 of the Patents and Designs Act, 1911, hereinafter referred to as the said Act. 2. The plaintiff Md. Harunur Rashid is the sole proprietor of M/S. Ismail & Co. and claims to be a leading manufacturer of plastic goods so...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ......ewness and attractive quality of the said designs the defendant very recently counterfeited, forged, imitated, infringed and pirated the said registered designs of the plaintiff causing wrongful loss to him. The plaintiff requested the defendant to desist from his illegal acts, with no effect. ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......that at the time of execution it was agreed that the patta would be mere security for the money advanced and the land will be returned after the loan would be repaid. Further, it is seen that this so-called leased out property was put in auction for arrears of revenue and it was the plaintiff who al......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