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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 ...............Appellant Vs. Haque Brothers Ltd...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: ......product. Allowing the appeal it was held by the Court of Appeal that the plaintiffs having consistently advertised and sold their product under the name "McCain Oven Chips", this was strong evidence that the name "Oven Chips" was descriptive of the product and the name "McCa..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. ...... Vs. Haque Brothers Ltd................................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Desig......ct. Allowing the appeal it was held by the Court of Appeal that the plaintiffs having consistently advertised and sold their product under the name "McCain Oven Chips", this was strong evidence that the name ''Oven Chips" was descriptive of the product and the name "..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 ............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 when an order under sub ......asked the learned Advocate for the petitioner produced the certified copy of the depositions of the witnesses. Since nothing has been mentioned in the judgments of the Courts below regarding the oral evidence of the parties, for my personal satisfaction I have perused the evidence of the witnesses o..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
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. ......immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......w 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 clerical or arithmetical mistake or error ap..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
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. ......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. ......tate Judgment September 8, 1983. Result: The appeal is allowed. Confessional statement of an accused can not be sole base for conviction Confession of a co-accused is no evidence and that no conviction can be based on it unless there were other evidence on which convict..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
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. ...... Md. Abdul Latif.............................Appellate Vs. Md. Harunur Rashid......................Respondent Judgment September 6, 1983. Result: The appeal is allowed in part. Lawyers Involved: Abdur Rashid Khan with Md. Shahidul Huq —For the Appella......ies to show that he sold the bathroom fittings in question before 30.06.1980. He also produced Ext. B, i.e. Ball and also Ext. D which is a brass stand of a Ball Cock. 6. On consideration of the evidence on record the learned District Judge held that the plaintiff has no case insofar as his des..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....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. ......ers.....................Respondent Judgment August 23, 1983. Result: The appeal is dismissed. Cases Referred to- Hanif-un-Nessa Vs. Faiz-un-Nessa, 38 I.A. Page 85; Narasingherji Vs. Panuganti (1924) 51 I.A. Page 305; Abdul Khaleq Vs. Mst. Saiman Nessa Bibi; 19 D.L.R. p......ction and the suit is liable to be dismissed on these pleadings the parties brought out the suit. 4. The Court of first instance upon a consideration of the pleadings of the parties and the evidence on record, decreed the suit on a finding that the patta was in fact a mortgage deed and not..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ...... to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......it. On appeal the learned Subordinate Judge affirmed the decision of the trial court and dismissed the appeal. Hence this second appeal. 5. Both the courts below on consideration of all material evidence produced by the parties held that the rioyati of original owner Abdul Ali all along subsist..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
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 ......ies Judgment July 6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal ......made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal rule of evidence, not one of technicality, out of substance, that we..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
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. ......95. ......ision that the entire subject-matter of the tenancy was destroyed by the accidental fire and whether the finding of the appellate court was an independent one based on proper consideration of the evidence on record and if not whether section 108(e) of the Transfer of Property Act was applicab..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. ......s be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......rosecution case, Cognizance has been taken against the accused petitioner U/Ss.193/207/448/403/467 of the Penal Code. 13. Section 193 of the Penal Code is in respect of giving or fabricating false evidence intentionally in any stage of a judicial proceeding. The facts narrated in the petiti..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......e appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ...... case 9 witnesses were examined by the prosecution. Eye witnesses of the occurrence are P.W.1 Md. Abdul Khair Mia, P.W.3 Afzal Hossain, P.W.4 Abdul Mazid and P.W.5 Rahimuddin. We will now discuss the evidence of these witnesses. 8. P.W.1 Md. Abdul Khair Mia stated that on the day of occurrence,..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......or the Petitioner. Azizur Rahman Chowdhury with MA Mannan, Advocate— For the Opposite Party. Civil Revision No. 250 (C) of 1982 Judgment ATM Afzal J.— This rule at the instance of the defendant No.1 (Ga)-petitioner, issued under section 25 of the Small Cause Courts Ac...... 30, 1975 and thus he has been carrying on the sweetmeat business in the suit premises under, the name and style of Lala Mistanna Bhandar. 6. The learned S.C.C. Judge upon a consideration of the evidence both oral and documentary found that there was relationship of landlord and tenant between ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... 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 ...............Appellants Vs. Sree Sree Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee......contended that the trial Court has wrongly shifted the burden of proof on the defendants to prove that the property was not a debuttar property. He has submitted further that there is no satisfactory evidence in support of the plaintiffs claim. He has particularly drawn our attention to the depositi..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......ut any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......lower appellate court was perfectly justified in holding that the transfer in question was for the purpose of legal necessity. He further submits that in coming to his decision he has referred to the evidence on record and reversed the finding of the learned Munsif referring to the material on which..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
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. ......ted in: 37 DLR (HCD) (1985) 126. ......e entire raiyati interests with the plaintiff free from all encumbrances as recited in the registered Kabuliyat dated 8-5-35 executed by the plaintiff. 6. The learned Munsif after discussing the evidence on record held: "defendants cannot say that their under tenancy was never annulled&quo..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
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. ......nd down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......and manner a property is capable of being possessed. But the Magistrate in finding possession may incidentally enquire into the right of the parties to the property inquestion only to corroborate the evidence as to possession on record in favour of a party. This the Court can do on the presumption o..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....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. ......s also reported in: 35 DLR (AD) (1983) 216. ......ver its possession. He denied the plaintiff's title to the suit premises and particularly denied that he was inducted by plaintiff as a monthly tenant. 3. The trial Court on consideration of evidence found defendant No. 1 to be a monthly tenant of the plaintiff and that the tenancy was..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....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. ......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. ......iled 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 deceased by fabricating false evidence including the fabricated and false statement of confession Ext.3. The court denounced ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......e is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......ed in the aforesaid Rules and if the employer fails to produce those particulars and registers instantly to the Inspector, then that failure per se does not attract any penal provision. There must be evidence that the employer does not maintain those particulars and registers at all and that evidenc..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
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