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Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

.... 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.   ......r dated 6.6.1981, found that the Court at Khulna was competent to entertain the case and grant the Succession certificate by deciding the question of jurisdiction in favour of the opposite party. The prayer for the examina­tion of the petitioner on commission at Dhaka was also rejected by the sa..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)

....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......ty on the alleged ground of dispute causing apprehension of breach of the peace. 7. The petitioner in his affidavit-in-reply has not denied the fact of the institution of the aforesaid suit with prayer for khas possession. As a matter of facts, certified copy of the plaint of the said suit has ..

Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1

Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)

....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28.   ......ew Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustafa Kamal J.- This is an application for review of the order dated 8.8.1983 whereby the plaintiff's prayer for withdrawal of the suit was allowed. The plaintiff states that the suit was withdrawn in b..

Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12

Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)

....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   ......lude of those properties that were allegedly left out within the hotchpotch of the suit property by way of an amendment of the schedule to the plaint. The defendants while objecting to the plaintiffs prayer for partial partition ought to have applied before the trial Court for inclusion of such prop..

Category: Property Law | Date: 4 Oct, 1983 | Hits: 2

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       ......er irreparable loss and injury if under the circumstances they are not protected by the Court. The balance of inconveniences under the circumstances are less in favour of the plaintiff. As such their prayer for temporary injunction was rightly granted by the learned District Judge. 12. In the r..

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. ......er irreparable loss and injury if under the circumstances they are not protected by the Court. The balance of inconveniences under the circumstances are less in favour of the plaintiff. As such their prayer for temporary injunction was rightly granted by the learned District Judge. 12. In the r..

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     ......eous Appeals No. 121, 122 and 123 of 1978 affirming the judgment and order dated 30.6.78 passed by the learned Munsif, 2nd Court, Feni in Miscellaneous Cases No.128, 129 and 139 of 1972 rejecting the prayer for pre-emption, made under section 96 of the State Acquisition and Tenancy Act. Si..

Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2

Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)

....of the members of the plaintiff-Association. The plaintiff contented that the defendant No. I has no right to demolish the existing, structures belonging to the Government without providing them with alternative arrangement for running their shops and establishments and without giving them allotment......nction and status quo. The learned Munsif issued notice upon the respondent No. 1, Dhaka Municipal Corporation to show cause why the order of temporary injunction shall not be granted but refused the prayer of ad-interim injunction. On 14-7-83 the plaintiff-appellant filed another application for pa..

Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1

Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)

.... 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. ......ng as the registration certificate stands the plaintiff gets protection of sections 47 and 53 of the said Act to guard against piracy of his registered designs. Hence he decreed the suit in part. The prayer for injunction in respect of the plastic commode seat cover was disallowed but the defendant ..

Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223

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   ......for a declaration that the order dated 4.3.75 passed in E. P. Case No. 230 of 1973-74 was illegal, void and without jurisdiction and for further declaration of his title to the suit land along with a prayer for permanent injunction against the defendants. 3. It is not necessary to recount the c..

Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3

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. ...... enlarged on bail on 30.5.81 the complainant opposite party No.1 filed an application for inclusion of section 467 of the Penal Code in the petition of complaint. The learned Magistrate allo­wed the prayer by order dated 2.781 on 28.10.81 the records of the case were sent to the Court of Sessions f..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)

....es, namely, preservation and protection of property, the service of the idol and defence of the debottar estate against hostile litigation but the abode of the deity itself cannot be alienated unless alternative arrangements have been made for removal of the deity to a new abode and the old temple h...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47      ..

Category: Property Law | Date: 4 Apr, 1983 | Hits: 4

Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)

.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262.         ......Deputy Commissioner, Patuakhali and the opposite parties to show cause as to why the order complained of in the petition moved in Court should not be set aside and the Rule was issued in terms of the prayer which shows that the order complained of was the order dated 21-10-81 passed by the learned M..

Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1

Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)

....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......amidul Huq Chowdhury, the learned Ad­vocate, prays for leave under section 109 (c) of the Code of Civil Procedure for a certificate that it is a fit case for appeal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. ..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......Act. It was further contended by the defdts. that the compensation assessment roll in respect of the suit land has already finally been published as such the suit land was rightly acquired. As to the prayer of temporary injunction defdts. submitted that the prayer for temporary injunction should not..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

....Managing partner and thereafter filed Title Suit No. 371 of 1980 in the 3rd Court of Subordinate Judge, Dhaka for a declaration that the firm stood dissolved with effect from 17 October, 1980, in the alternative, for dissolution of the firm, and for accounts. In that suit he made an application for ...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)

....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......udge, Mymensingh. In such back ground the contention was that the heirs of Digindra could not be subs­tituted. The learned Judges of the High Court Division in F.A. No. 101 of 1976 rejected the prayer for substitution. 6. Leave was granted to consider whether the courts below were justifi..

Category: Property Law | Date: 16 Jan, 1983 | Hits: 103

Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)

.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267.         ......ay order is vacated. 15. Mr. Sircar prays that the accused petitioners may continue on the same bail till the disposal of the case. Mr. Akbar Ali, the learned Advocate for the State, opposes the prayer. Since the petitioners were dischanged once on the same cause of action and since the petitio..

Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....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.     ...... rejected the application of the informant on the ground that it was not maintainable. The informant does not seem to have taken any step against the order of the Sessions Judge as well but a similar prayer was made on behalf of the prosecution before the Additional Sessions Judge when the case was ..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ......eti­tioner Nazrul Islam by his order dated 31-7-76. 5. In the mean time the case of accused Ashit Baron Saha was put up for trail before the Sub-Divisional Magistrate, Madaripur and upon the prayer of the co-accused Ashit Baron Saha the Sub-Divisional Magistrate started de novo trial of the..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1