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M/s. Haque Bro­thers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)

.... 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. ...... was not reflected in Ext. 8. Subsequent statements of account which were received through World Bank from the PICIC Head Office also showed that the appellant made some payments during the aforesaid period. Exhibits 9 and 9 (a) which were not proved to have been prepared by the PICIC and also being..

Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

....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     ......ntiff ultimately served one notice on 22-4-72 under section 109 of the Chittagong Port Act upon the defendant No. 1 who received the said notice on 24.4.72 but inspite of long expiry of the period of notice the defendant No. 1 neither delivered the car nor paid compensation of the lost car..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)

.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......ed of agreement was executed by the parties whereunder the opposite party Nos.1 and 2 agreed to re-convey the property to the peti­tioner on receipt back of the consideration at any time within a period of 10 years on any date of Chitra and execute and register a kabala. The petitioner as plaint..

Category: Property Law | Date: 6 Mar, 1984 | Hits: 119

Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)

....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   ......L.J. (PC) 9 the facts were that the plaintiff was dead and it was unknown to the Judge who, dismissed the suit for non-appearance of the plaintiff. The deceased plaintiff's son applied withia the period of limitation to have his name sub­stituted in place of, his deceased father under Order ..

Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

....der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130   ......r has the power to appoint a mutwalli in certain cases under section 43 of the Waqfs ordinance. Any person aggrieved by such an appointment may appeal to the District Judge within a certain period and the decision of the District Judge shall be final. It has been held however that inspite ..

Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....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.       ...... Mutawallis from 26.5.1951 exists and is a reality and that the possession of the plaintiffs in the case land since 26.5.1951 being that of the rightful owners there is no reason for holding that the period during which the plaintiffs have both title and posse­ssion cannot be taken into account ..

Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1

Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)

....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......f 1982 shall apply to cases which were pen­ding in any Court for disposal by trial imme­diately before the commencement of the Or­dinance and that such cases shall be disposed of within a period of 360 days from the date of such commencement of the Ordinance. He has submitted that the le..

Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ......eration movement. On perusal of the said order i.e. P.O. 16/73 it appears that only acts done in connection with the National Liberation Struggle or for maintenance or restoration of order during the period from 1-3-71 and 28-2-72 are covered by the order. There is not other cogent materials for all..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2

I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)

.... 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     ......perial Chemical Industries (Pakistan) Limited was extended at the request of the plaintiff when the struggle for national liberation was going on in the country and the plaintiff during that abnormal period had to remain in hiding to save his life from the Pakistan Occupation Army. In the meantime t..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8

Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)

.... 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.       ......if con­cerned. So far as the Courts' power to grant temporary injunction is concerned, it has been provided in section 53 of the Specific Relief Act that such injunction may be granted at any period of a suit and is regulated by Order 39 of the Civil Procedure Code, Rules 1 and 2 of Order 39..

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)

....ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ......ed in the annual general mee­tings of the company since the incorporation of the company until 1977 and was always respresented by 2 Directors in the Board of Directors of the Company. During the period from 1972-1977 the petitioner No.1 Mr. Shamsul Huda was the Chief Executive exercising all th..

Category: Company Law | Date: 24 Nov, 1983 | Hits: 4

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....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     ......ements of the plaintiff. Finally, with regard to the order of dismissal from service dated 4.8.75 the learned Munsif found that the plaintiff submitted as many as 13 applications for regularising his period of absence from 10.11.73 on medical ground. These applica­tions are palpably on false gro..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1

Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)

....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22     ...... and that after the departure of the accused persons, he returned to the said Aochiachara bridge and found his brother Kabir Ahmed lying dead with several bleeding injuries. He also states that for a period of 5/6 years before the occurrence they had enmity with the accused persons, that on 31.11.77..

Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1

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       ...... market; once on the market the name "Oven Chips" would inform the consumer of the nature of the product. It was also held that while a descriptive term may acquire a secondary meaning, the period in the present case was far too short for such a secondary meaning to have been acquired, par..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12

Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)

....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   ......No. 4 the government started certificate case No.595/R/C/1948-49 against the plaintiffs and their younger brother Arunendra Shekhar and mother Sarat Kumari Debi for arrears of education cess form the period of July-September 1948 amounting to Rs. 6216/- with interest and for arrears of cess of the s..

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)

....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. ......market; once on the market the name “Oven Chips" would inform the consumer of the nature of the product. It was also held that while a descriptive term may acquire a secondary meaning, the period in the present case was far too short for such a secondary meaning to have been acquired, par..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290

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

....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.       ...... allottees with outstanding arrear rents in respect of each shop of all the markets including the Government New Market. The members of the plaintiff-Association were merely licensees for a specified period the terms of which had long ago expired and the said licenses had not been renewed. The Dhaka..

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

Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)

.... from the plaintiff dated 9.3.53 (Ext. A), according to the local cus­tom on an oral agreement that the defendant will recovery the land when the plaintiff would pay back the loan. It was further stipulated in that agreement that the land will remain with the plaintiff (lessor) and half of the p......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

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.   ......ssee in the event of destruction of the whole of the demised property, he shall, in spite of non-existence of the subject matter of the lease, continue to remain liable for rent during the entire period of the lease and for all time to come if the lease is a perpetual one, whereas in the case ..

Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243

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. ......the premises in question for one year only as and from 1.5.74. But successive agreement of tenancy followed on the expiry of each term of tenancy and the last agreement was executed on 1.1.80 for the period from 1-7-80 to 30-6-81. The oppo­site party No.4 in turn authorised the Naval Authority to a..

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