Search Options
Judgment Advanced Search
Displaying 961-980 of 4866 results.
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....;sions Judge received the case for trial and disposal it was not a case pending immediately before the commencement of the Ordinance No. XXIV of 1982 and as such the learned Additional Sessions Judge rightly applied the provision of section 339C of the Criminal Procedure Code as regards the time for......Abdul Latif & others.................Opposite parties Judgment January 18, 1984. Result: The Rules are made absolute. Lawyers Involved: Azizur Rahman Chowdhury—for the complainant-petitioner (In Criminal Revision No.140 of 1983). Nikfiilesh Duitta&md......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. ......rocedure. These two rules are disposed of by this judgment since questions of law and facts involved in them are same. 2. The accused-opposite parties in both the rules were placed on trial under section 302 149 B.P.C. The learned Sessions Judge, Comilla, received the case records fr..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
.... certify that the accused petitioners committed the offences in connection with the National Liberation Struggle or for maintenance or restoration of order. The learned Sessions Judge, therefore, has rightly rejected the prayer for withdrawal of the case as there is nothing to show that the alleged ...... President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle for national liberation. The mere fact that the Government have stated that the accused are freedom ...... the accused persons on the ground that the Government have been pleased to direct withdrawal of the case against the accused who are said to be freedom fighters. The letter of the Ministry of Home Affairs, Government of Bangladesh dated 26-5-80 addressed to the Deputy Commissioner, Chittagong by Mr......atter. ......................... Under all these facts and circumstances, I am inclined to refuse permission to the prayer of withdrawal for lack of sufficient materials and direct that the trial do proceed in accordance with law.” Thereafter the accused petitioners moved this C..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....th regard to the sale of the property in terms of the said contract of sale within the period of revalidation of such certificate, the contract of sale stood rescinded and the plaintiff forfeited his right thereunder to obtain the sale deed from the Pakistani company. There is no contract of sale su......Habibur Rahman J. — This appeal is directed against the Judgment and decree passed on 30.11.77 in Other Suit No. 41 of 1974 by Mr. N. Ahmed, Subordinate Judge, First Court, Chittagong in a suit for specific performance of contract in respect of sale of immoveable property. 2. On 7.6.74 pl...... 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 ......arned Subordinate Judge rightly decreed the suit and we find no reason to interfere with the same. In the result, the appeal is dismissed without any order as to costs. The judgment and decree of the trial court are upheld and confirmed. The plaintiff respondent is directed to deposit in Court in fa..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....rt concerned could still pass any declaratory decree in the suit under section 42 of the Specific Relief Act involving any personal entitlement of plaintiff to any legal character or to any right to any property. The Dean of Law Faculty is not claiming against the Vice-Chancellor any legal......n of Law Faculty of Rajshahi University—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and order dated 30.6.83 passed by District Judge, Rajshahi in Misc. Appeal...... 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. ......pelled an officer of the University personally to institute a suit against it's highest officer of the University with regard to an official act of the University has to be established before the trial Court while disposing the suit on merit by the Court concerned. At this stage it is to be..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)
.... transaction was not communicated to the shareholders, as private limited companies, like other limited companies, function through their Board of Directors and the share-holders have their right to place their viewpoints in the annual general meetings. 29. It appears from Annexures 3......n—For the Respondent Nos. 4 & 5. Matter No. 34 of 1983. Judgment Mustafa Kamal J.— On 14.9.1983 the 4 petitioners filed an application u/s 38 of the Companies Act 1913 for rectification of the share register of Alauddin and Taiwa Textile Mills Limited a private limite......in were assaulted by the respondent Nos. 2 and 3 with the help of labourers when they went to the office of the company to collect certain papers. The respondent Nos. 2 and 3 have been managing the affairs of the company manipulating and altering the various company documents and files and tota......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 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
.... the second wife of Abul Meah could not pull on well and Mouna Khatun ultimately left his house. It was further asserted in the plaint that the plaintiff has been possessing the suit lands in his own right in his own cultivation from the date of his purchase. The defendant Mouna Khatun with the help......ellants. A.S.M. Mofakkar, S.C. Das—For the respondents. Appeal from Appellate Decree No. 364 of 1978. Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration of title by purchase in benami. 2. The plaintiff Abul Meah, since deceased inst......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 ......benami of his wife Mouna Khatun and also declared plaintiffs' title to the lands of schedule (1). On appeal the learned lower appellate Court affirmed and upheld the judgment and decree passed by trial Court. Being aggrieved, the defendants Nos. 3-5 have preferred this second appeal. 5. Mr...Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....pre-emptors have failed to prove that they came to know of the transfer for the first time on 16.06.1981 and that the pre-emptees have been able to show that the pre-emptors had knowledge of transfer right from the date and registration of the deed of sale on 27.04.1979. 8. On behalf of the pre...... the added land will not exceed the ceiling of land the pre-emptor are permitted to hold under the law has not been specifically and sufficiently denied by the pre-emptees….(18) Objection for Omission of Necessary party— Objection as to omission of Necessary party must be take......tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......y the pre-emptees from P.W.2 Ula Mia on 16.06.1981 and that the pre-emptees possessed the case land from before the purchase under the vendors is not true. 4. The following issues at the time of trial were frame: (1) In the case barred by limitation? (2) Are the petitioners entitled..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....mation without exhausting itself all the processes for compelling the attendance of prosecution witnesses. It is only when the Cessions Court exhausts all the processes then it acquires the right of recording an order of acquittal in substantial compliance with the provisions of section 26......Sessions Case No.348 of 1982. 2. A charge was framed against the three accused opposite parties U/S 324/307 of the Penal Code by the learned Assistant Sessions Judge on 2.12.82. 4.1.83 was fixed for trial. On the date the trial was adjourned upto 13.1.83 at the instance of the Assistant Public ......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......ions Case No.348 of 1982. 2. A charge was framed against the three accused opposite parties U/S 324/307 of the Penal Code by the learned Assistant Sessions Judge on 2.12.82. 4.1.83 was fixed for trial. On the date the trial was adjourned upto 13.1.83 at the instance of the Assistant Public Pros..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....possession against the entire world except the true owner. A possessory owner is also entitled to maintain his possession, be he a bargader or even a trespasser as against the entire world except its rightful owner………(15) Cases Referred to- Chainchal Singh, A.I.R. 1946......of Certified copy of the registered documents --Proof of the contents of the original document- Registering Officers are to give certified copies of all registered documents which are admissible for purpose of proving the contents of the original document.. The copies thus given are in so far a......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......story of ownership of the suit property as Mutwalli of the Wakf Estate of Nazre-Mahmuda is totally unsubstantiated. Both the Courts found that the plaintiff is in forcible and adverse possession. The trial Courts, however, found that the, khatian of C.S. khatian No. 48 stands in the name of Bishi Be..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ......ase No.508 of 1982 should not be quashed. 2. This Rule arises out of an application filed under sections 435/439 and 561A of the Code of Criminal Procedure. The Rule arises out of a First Information Report lodged by the complainant on 24-12-80 whereupon a case under sections 147/143/-149/...... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ......d calling upon the opposite party to show cause why the order dated 12-5-83 passed by the Additional Sessions Judge Court No.11 Jessore fn Sessions Case No.508 of 1982 should not be set aside and the trial of the Sessions Case No.508 of 1982 should not be quashed. 2. This Rule arises out of an ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....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. ...... Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending before the learned Additional Sessions Judge Court No.1 Khulna should not be quashed. 2. This Rul......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. ......ces under sections 147/148/525/323 and 4 and 5 of the Explosive Substance Act and 14 of the Special Powers Act have been established and they should be tried for those offences. It is correct that no trial has yet been started against the petitioners and no charge has yet been framed. It further app..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......ong to show cause as to why the judgment and order passed on 6.3.82 by Mr. S.M. Serajul Mowla, Appellate Tribunal Chittagong in Tribunal Appeal No.27 of 1980 should not be set aside. 2. The case for the prosecution is that on 4.6.77 at about 8 P.M. accused petitioners Abdul Jalil; Nurul Amin, S......Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......ase under the Special Powers Act to prevent the abuse of the process of any Court to secure the ends of justice..............(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the o..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....med to the Chittagong Medical College where Dr. A.M. Rashid held post mortem examination on the said dead body on 17.11.77 and found the following injuries: “1. One perforated wound on the right side of the chest 1" to the right of the midline & 2 1/4" below the right c......ode on 24.4.83 by Mr. A.F.M. Hafezullah Buiyan, Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No. 382 of 1979 and each of them has been sentenced to undergo transportation for life. 2. The case for the prosecution in brief is that deceased Kabir Ahmed (35), brother o......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 ......e aforesaid injuries which were homicidal in nature. After completing investigation P.W. 17 Sub-Inspector Nurul Huq submitted charge sheet against the two accused appellants and 14 others. At time of trial all the 16 accused persons stood charged under sections 148 and 302/149 of..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....before the trial Court for inclusion of such properties which were left out of the hotchpotch because in any partition suit both the plaintiffs and the defendants stand in the same position with same right to claim share in the entire hotchpotch of the properties jointly held by the plaintiffs and t........................Appellate Vs. Md. Gulzar Alam.......................................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly-......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 ......li— For the Respondent. Second Appeal No. 69 of 1958 Judgment Syed Muhammad Hossain J. - This Second Appeal arises out of a judgment of reversal in a suit for partition. The trial Court dismissed the suit whereas the lower appellate Court decreed the same against which the ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....B with the device of CRESCENT and STAR with a particular colour of design and get-up printed on a carton as their Trade Mark. The plaintiff also registered the said Trade Mark, Patent, Design and Copyright with the Registrar of Trade Marks, the Controller of Patents and Designs aid the Registrar of ......temporary injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.81 absolute. 2. The plaintiff respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injunction on the averments, inter alia, that it is one of the leading m......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 ......diately. The learned District Judge is directed to dispose of the suit within two months from the arrival of the records. 13. The avoid any misunderstanding, it is specifically directed that the trial Court must totally ignore the views of this Court with regard to temporary injunction. The sui..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)
....B with the device of CRESCENT and STAR with a particular colour of design and get-up printed on a carton as their Trade Mark. The plaintiff also registered the said Trade Mark, Patent, Design and Copyright with the Registrar of Trade Marks the Controller of Patents and Designs and the Registrar of C......ry injunction against the defendant-appellant and making the order of ad interim injunction dated 27.10.1981 absolute. 2. The plaintiff-respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injunction on the averments, inter alia, that it is one of the lead......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. ......ely. The learned District Judge is directed to dispose of the suit within two months from the arrival of the records. 13. To avoid any misunderstanding, it is specifically directed that the trial Court must totally ignore the views of this Court with regard to temporary injunction. The sui..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....he year 1972 and did not serve any notice of such transfer to him and that the opposite party No.1 is a stranger-purchaser, that he is in possession of some portion of the disputed plot in his maliki right. Thus he is entitled to pre-empt the disputed lands. 3. The pre-emptee-opposite party No.......ub section (1) has been passed subdividing a joint holding, such sub-division may be demarcated on the ground and shown on the cadestral survey map. Thus the scheme of sub-division is very much clear for the purpose of Adjudication that has been provided under Chapter XII of Part--V of the Act&helli......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 .......O.R. Khatian Nos 844 and 845. Thus the learned Munsif held that the petitioner has no locus standi to claim pre-emption in respect of the disputed land. 5. Against the judgment and order of the trial Court the petitioner preferred the above mentioned miscellaneous appeals and the lower appella..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....ent Judgment September 29, 1983. Result: The appeal is allowed. Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor Judge The right of review of a judgment is a substantive right and its scope, extent manner and forum are circ...... Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor 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 ......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. ......nd the defendant No.1 Dhaka Municipal Corporation and by his judgment and order dated 10-8-83 allowed the appeal and directed both the parties to maintain status quo for 2 months from 10-8-83 and the trial Court was directed to dispose of the suit within 2 months from the date of receipt of the reco..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. ......lip;………………State 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......ti' and sweater were shown to him in the Thana before the Test Identification Parade was held. In such a position the T/I. Parade was of no worth and could not be relied upon because there was no fair or impartial T.I. Parade. Upon the evidence we cannot believe that any of the robbed away artic......were seized from the possession of accused Forkan Ali and Khoda Baksha. Accused Forkan Ali made confession implicating himself and the other accused. All the accused were charge sheeted and placed on trial before the learned Assistant Sessions Judge upon a charge under section 394 of the Penal Code...Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....njunction in respect of the plastic commode seat cover was disallowed but the defendant was permanently restrained from manufacturing and marketing the rest of the articles in suit so long as the copyright of the plaintiff over the same remains under the law. 7. Thereafter the defendant has pre......amp; Co. and claims to be a leading manufacturer of plastic goods socially 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'...... 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. ......defendant also stated that he has also applied for registration of his design, but he has obtained registration of only one design, namely, that of the plastic commode seat cover. 5. At the trial the plaintiff examined only himself as P.W.1 and the defendant examined 3 witnesses including ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
79399291953390769535953078889086941890849065907095299422953279409420938893407828