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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......e will and voluntarily lived, ate and slept for some time as an ordinary human being would, till death visited him. 9. The expression “ordinarily" would thus exclude a very short stop over at a place on transit or a place in which a person is detained against his will or taken away w...... 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. ......rial before the Sub-Divisional Magistrate to bold that there was any apprehension of breach of the peace from members of the Second party and that a title suit being already there between the parties over the same subject matter in which an order of injunction was already passed requiring the partie......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 ......tiff does not arise. As far as the Copyright is concerned the plaintiff has obtained the Copyright of "Mr. Cookie Butter Coconut" biscuit carton on 18.9.80 from the Registrar of Copyright, Government of Bangladesh. 7. In this appeal Mr. Abdur Rashid Khan, the learned Advocate for the ......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......red deed of gift in respect of the suit property on 30-6-34 in favour of his wife Sarat Kumari Debi. Sreemonta Chatterjee had several toujis and tenures with the arrears of rent were acquired by the Government under section 3(1) of State Acquisition and Tenancy Act on 2-7-54 and 15-7-54 wi......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 ..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 arise. As far as the Copyright is concerned the plaintiff has obtained the Copyright of "Mr. Cookie Butter Coconut'' biscuit carton on 18.09.1980 from the Registrar of Copyright, Government of Bangladesh. 7. In this appeal Mr. Abdur Rashid Khan, the learned Advocate for the ......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
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....i 1924 Nag. 190; Thommil Pudia Malikal Kathy Umma Vs. Thomil Pudia Malikal Mohamed Kutty & ors. 1996 Mad. 1083; Maulvi Abdul Jabbar Palwan Vs. Maulvi Azizur Rahman Mea 1937 Cal; Kaluram Ramchandra Vs. Nandalal Galapchand 1940 Nag. 298: Ramdayal Vs. Kailashi 1950 All. 160; Ram Baksh Vs. Raj......ccessor Judge The right of review of a judgment is a substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Review on the ground of discovery of new and important matter or evidence as referred to in rule 1 or the existence of a clerica......aintiff-Association regularly. The defendant No. 1 the Dhaka Municipal Corporation issued letters to the members of the plaintiff-Association informing that the said defendant had taken the charge of management and realization of rents of all Government markets situated in the New Market. The defend..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
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......ly bathroom fittings. He invented four designs to be used as bathroom fittings made of plastic. After invention he applied for registration of the same to the Controller of Patents and Designs, Government of the People's Republic of Bangladesh. He obtained registration and thereafter became...... 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......ged the suit land with him as a token of that mortgage he obtained a patta 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 agreeme......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......he defendants are the appellants before this Court. Plaintiff-respondents instituted other Suit No. 65 of 1969 in the 1st court of Subordinate Judge, Chittagong for declaration of title and recovery of possession after removal of the structures by the defendant-appellants. Allegations were t....... 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
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....... 14,919/75 from the receiver. 2. Facts are that on the report of the Officer-in-charge of Amtali Police Station on 11-7-79 to the effect that there was a serious apprehension of breach of peace over the cutting of paddy in the disputed land between the parties the learned Sub-Divisional Magist...... 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...... error may be. 2. Circumstances giving rise to this appeal may be described as follows: Respondent as plaintiff 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 a......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)
....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......is found that nobody saw or knew when, where by whom and in what manner Jitendra was murdered. So there was no direct evidence on the point nor there was even any circumstantial evidence by way of recovery of any alamat from the place of murder. 16. The prosecution sought to involve the present......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
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......sdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh………………………&hell......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. ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
....nd for accounts. In that suit he made an application for appointment of a Receiver to take charge of and protect the assets and properties of the firm and also to complete the incomplete work in hand. Respondent No. 1 filed a written objection to the proposed appointment of a Receiver and ....... The allegation is that he willfully disobeyed the court's order and direction passed on 13th July, 1982. Facts have been given in the judgment of my learned brother. The defendant was given the over-all charge of the Project by order No. 4. The Project is financed by the World Bank and the con...... 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.
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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. ......e the legal representatives of an executor is not entitled to a probate and they cannot maintain an application for probate.” Then the High Court Division mentioned a fact which is highly controversial namely whether Jalada is alive or not. This learned Judge expressed “we have also found e......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. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
.... exclusively triable by that Court. 4. The informant does not seem to have taken any step against the orders of the Sub-Divisional Magistrate rejecting his aforesaid petitions. On the other hand, it is found that he filed an application again before the Sessions Judge for taking cogni......e learned Advocate for the complainant opposite party have, however, supported the orders complained against in their own way. 7. The section which is immediately attracted in the controversy raised is section 193 (1) of the Code Criminal Procedure which reads as follows:- "......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. ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
....t to the Landlord. The right of ownership as well as the right of which it is composed are rights in rem and not in personam and by the lease a right in rem is transferred to the lessee. On the other hand, a ''license" as will appear from its definition in section 52 of the Easement Act......quot;The uninterrupted possession of the Suit land for the last 25 years suggests that the defendent was given exclusive possession of the suit land. There is no evidence on record that the plaintiff over executed an act of ownership over the suit land during the period in which the defendant was in......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
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Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ivisional Magistrate has stated in his order dated 12-8-78 that none of the P.Ws. stated anything against the petitioner Nazrul Islam. He has further observed that even the finger print and handwriting experts opinion are in his favour. The prima facie case against the petitioner Nazr......formed the complainant Ashit Baron Saha that his authorised agent, the petitioner lifted the cloths on 25-4-73. The complainant further stated in the FIR that the authorised agent without making over the cloths to him disposed of the same in the Black Market. 4. The police investigated int......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. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....62 Cal. 519; AIR 1962 Pat. 443; AIR 1923 Mad. 92; 61 CLJ 543; AIR 1962 Cal 519; AIR 1914 Cal. 815; AIR 1968 Punjab (Hariana) page 374. Lawyers Involved: BN Chowdhury, Advocate with Parimal Chandra Guha Advocate— For the Petitioner. Sultan Ahmed, Deputy Attorney General as Amicus......d not to be confined with the court granting an injunction…….(5) In a case of transfer under sec. 24 the whole case is transferred and as such the transferee court has session over the entire matter of the suit- When a case is transferred from one court to another it mea......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
....ewal of the same. But the tenants continued to possess the premises without renewing or executing any fresh agreement. The Corporation ultimately determined the tenancies and requested the lessees to hand over vacant possession on the expiry of six months' notice on 30th November, 1976. As the l......of the same. But the tenants continued to possess the premises without renewing or executing any fresh agreement. The Corporation ultimately determined the tenancies and requested the lessees to hand over vacant possession on the expiry of six months' notice on 30th November, 1976. As the lessee......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
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Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
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