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Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)
....t a part of it was not done lawfully. In support of this contention reliance has been placed on Muhammad Ramjan Vs. Fazlul Huq reported in (1963) 15 DLR 99=P.L.D. 1963 Dacca 987. 4. On the other hand it has been contended by respondent that the appellant had never been prejudiced as he was pres......uot;To 19.3.74 for awaiting Commissioner's report & order". No order was passed on 19.3.73. On 20.3.73 the pleader commissioner submitted his report and the parties were directed to make note of it and file an objection, if any, by 21.4.73. By 21.4.73 parties did not file any objection ..Category: Property Law | Date: 24 Feb, 1984 | Hits: 2
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... Shahid Gonj Vs. Shiromani Gurdwara Prabandhak Committee, Amritsar; Nursing Vs. Moosharoo, 25 WR 282; Palanibala Debi Vs. Kalipada Chakravorty and others, 54 CWN 950; Prosunno Kumari Debya Vs. Golab Chand Baboo, 2 IA 145; PLD 1957 SC (India) 111; Puniappa Chetty Vs. Sreenath Deivasikamoy Pandara San......d the case Ronald Duncan Vs. Sri Sri Iswar Damodar Jew reported in 62 C.L.J. 10 for in that case the property expressly held not to be debutter property. This view taken by the Calcutta High Court as noted above also is supported in the case reported in A.I.R. 1938 Mad 60(64) and page 405(416). ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....y which has resulted in an error in their decision on merits occasioning a failure of justice and cannot be sustained. 6. Mr. S.C. Das, the learned Advocate for the respondents has, on the other hand submitted that the Courts below have concurrently found that the document in question is a bena......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....re harvesting the paddy from the aforesaid land. Thereafter the petitioner and his men proceeded to that direction and when they reached the place they were surrounded and one accused person hurled a hand bomb upon them in consequence of which complainant's brother-in-law was injured. Accus......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....ecting the merits of ' the case and thus without jurisdiction. 4. Mr. Shaikh Razzaque Ali, the learned Advocate appearing for the opposite parties in this Revisional Application on the other hand has urged that the impugned orders suffers from no illegality because the court had not exercis...... 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
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....ourt High Court Division (Criminal Revisional Jurisdiction) Present: A.T.M. Afzal J A.B.M. Hassan Kabir.......................................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. ......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 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....printed in English as well as in Bengali in a different type and design. In the defendant's cartion there is no mention of the word "HAQUE" and there is no carton of a man with a hat in hand as printed on the carton of the plaintiff. There is nothing resembling the picture and devices ......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 ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....d. It is always a question whether the mistake was bona fide or was merely a device to cover an ulterior purpose such as laches on the part of the litigant or an attempt to save limitation in an underhand way. The High Court unfortunately never considered the matter from this angle. If it had, it wo......aneous Case No. 20 of 1976. The said Mise. Case was fixed for hearing on 2-1-80 but the clerk of Mr. A.P. Sen Senior Advocate took the date from the Court Cause List but through oversight and mistake noted in his diary 20-1-80 instead of 2-1-80 for hearing of the said Miscellaneous Case and because ..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)
....printed in English, as well as in Bengali in a different type and design. In the defendant's carton there is no mention of the word "HAQUE" and there is no carton of a man with a hat in hand as printed on the carton of the plaintiff. There is nothing resembling the picture and dev......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. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......dacoity himself. Such a confessional statement which does not give a free and full account of the occurrence indicate that it was not a true and voluntary confession. Besides that it is worthwhile to note that according to the F.I.R. huge items of gold ornaments such as one pair of gold earring, ten..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... He has openly imitated the siphon of the plaintiff. The piracy is obvious and stares in the face. 11. With regard to the high level and low level Ball Cock, namely, Ext.6 and Ext. C, on the one hand, and Ext.4 and Ext.5 on the other hand, I have compared them and have tried to ascertain the ba...... 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. ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....and it having arrived at by a non-consideration of the evidence on record, need to be set aside. 6. Mr. M.A. Rahim, the learned Advocate appearing for the plaintiff respondents on the other hand has contended that the findings of fact of both the Courts below as to the existence of the ora......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)
....whether section 108(e) of the Transfer of Property Act was applicable to the case which was one of partial destruction of the structures, thus making the tenancy subsist. 7. Mr. M. H. Khandkar, Counsel for the appellants, contended that the High Court Division was wrong in not holdin....... 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
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......oned in the recital of the kabuliyat that the plaintiff is taking settlement of the entire land measuring 3.48 acres from the said Ghosh landlords free from all incumbrance. It is interesting to note that Fatik, father of defendant No.2 to 4 was attesting witness of this kabuliyat and also..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others………………………&hellip...... 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. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....Chowdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wal......ifferent from a question of law but there are cases in which difficulty arises as to the distinction between them. In the case of Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92 the Privy Council took note of this difficulty and observed; "Questions of law and fact are sometimes diffic..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....ent witnesses and cannot be believed. Fabricated False Evidence and False Statement of Murder The Prosecution failed to prove the allegation of murder by any of the accused. On the other hand it was proved that the accused-appellants have been falsely implicated with the murder of decea......ng to the defence plea the accused have been falsely implicated at the instance of Azizul Islam and some members of the Defence Party being in collusion with the relations of deceased. It may also be noted that Jitendra was not killed that is the relations of deceased were not materially important w..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....d be set aside. According to the plaintiffs the suit land is not liable to be acquired by the govt. as compensation assessment roll in respect of the suit land has not yet been prepared. On the other hand the govt. contested the suit contending inter alia that the Govt. has acquired the suit land as...... publication of compensation assessment roll. 11. In the present case whole question is whether hat in question has been legally acquired or vested in the Government or not. In view of the above noted decisions it can easily be said that the hat in question has vested in view of the above noted..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
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)
.... (1983) 102. ......ed as a whole”. This order was passed on 8-11-79. 5. A review application was filed under Order 47 read with section 151 C.P.C. which was numbered as Misc. Case No.29 of 1980. It may be noted that when the order in O.C. Suit No.71 of 1975 was passed the F.A. No.101 of 1976 was still pe..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103