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Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....y be sold. Though the borrower is in physical possession, but the constructive possession is still with the hypothecatee because the borrower holds the actual possession, not in his own right, as the owner of the goods, but as the agent of the hypothecatee. 15. In exhibit 1 the Banks acknowledged......em Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Janata Insurance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limi......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....ts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit against the petitioner (defendant) for eviction of monthly tenant alleging that she, being owner of the Suit property, inducted the defendant‑petitioner as a monthly tenant on the basis of ......………………………………..Petitioner Vs. Naim Ara Begum..................Opposite Party Judgment April 30, 2003. Case Referred To- Subrati-appellant vs Kunz Behari Lal and others respondent, AIR 1946, Allahabad 403. Lawyers Involved: Golam Mostafa, Advocate-For ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..Category: Property Law | Date: | Hits: 28
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....d Court of Subordinate Judge for stay of further proceedings of the latter suit mainly on the ground that the subject matter in both the suits is the same as the land in dispute is the same, original owner in possession from whom the plaintiff claimed title is the same, Hamida Waqf Estate and the ma....... This Case is also Reported in: 56 DLR (2004) 149....... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... section 15 of the Act. Mr. Ahsan finally, submits that in disposing of the appeal this Court is competent to enter into the merits of the case in view of the fact that the opponent is the registered owner of a similar mark and in support of his submission he relies on 1989 BLD (AD) 1 = 41 DLR (AD) ...... High Court Division (Special Appellate Jurisdiction) Present: Syed Amirul Islam J Mirza Hussain Haider J Abdul Motaleb & others..................Appellants Vs. Aftab Miah and another.................Respondent Judgment August 21, 2002. Cases Referred To- Cre...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ectors of the company can very much be settled in a board meeting and that cannot be a ground to refuse tile giving of the required licence to it. fie also submitted that Mr. Nasir A Chowdhury is the owner of only 4.17% shares of the company and that from annexure N to the supplementary affidavit it......ead the Judgment of Appellate Division here. Supreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................R......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....rected by Ministry of Land in favour of the petitioner which they are under an obligation to do. 2. Short facts giving rise to the issuance of this Rule are as follows: The petitioners were the owners of the land in question of LA Case No.44 of 1959-60 measuring 2.26 acres recorded in CS plots...... Original Jurisdiction) Present: Md. Fazlul Haque J Md. Abdul Matin J Nur Hossain (Md)……………………………………………….Petitioner Vs. Secretary, Ministry of Land and others……………………………Respondents Judgment February 2, 1999. Ca......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ..Category: Property Law | Date: | Hits: 28
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....০ টাকা পর্জন্ত জরিমানা হইতে পারে”। 5. It appears that rule 18 of the Marine Fisheries Rules as amended up to 1993 has provided that every owner, skipper or charterer of a licensed fishing vessel engaged in trawler fishing shall employ at ......cial Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Bangladesh Marine Fisheries Association…………………Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment February 23, 2000. Lawyers Involved: ......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ..Category: Civil Law | Date: | Hits: 115
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....roperty exceeds 1/3rd portion of the properties left by late Alimuddin. 7. Heard the learned Advocates. In the plaint the plaintiff, amongst others, prayed for declaration that she is the absolute owner of the property described in schedule Ka of the plaint by virtue of the deed dated 25-8-77. Th......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Moinuddin Ahmed alias Farook …………………………….Petitioner Vs. Khursheda Begum and others………………. Opposite-Parties Judgment June 18, 2001. Lawyers Involved: ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....spital and others reported in 1999 BLD 484 = 51 DLR 341. 7. Mr. Harendra Nath Nondy, learned Advocate for the opposite party No. 1, submits that opposite party No. 1 is on the land as a successive owner in possession. His fathers name was recorded in the SA Khatian and they have been possessing t...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Abdul Mannan (Md) ……………………Petitioner Vs. Swaraj Roy and others ………………..Opposite-Parties Judgment December 5, 2001. Cases Referre......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
....ollowing facts and circumstances:
2. Plaintiffs case after being amended and allowed by the order dated 21-3-95 briefly, is this. Plaintiff is a registered co-operative society. The Society is the owner of a three storied super market building at 1, Darus Salam Main Road, Mirpur, within the City ......sent:
Md. Golam Rabbani J
Md. Latifur Rahman J
Mirpur Mazar Co-operative Market Society Ltd…………Plaintiff
Vs.
Ministry of Works, Government of People’s Republic of Bangladesh and others……Defendants
Judgment
February 1st, 1999.
Lawyers Involved:
Dr. Kamal H......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
..
Category: Property Law | Date: | Hits: 72
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....ffirmed by the appellate Court. Title was based on the basis of purchase in a revenue sale. A single bench held that by purchase in such sale, a purchaser purchased not the interest of the defaulting owner but that of the Crown subject to the payment of the Government assessment. What passes in such......holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....994. Then, on transfer to the Court of Additional Subordinate Judge, Dhaka the case was re-numbered as Miscellaneous Case No. 8 of 1995. 3. Their case, in short, is that in 1926 Moina Prasad being owner in possession in 14.42 acre of land of CS plot Nos. 447, 448 and 495 appertaining to CS Khatia......e Parties. Civil Revision No. 2612 of 2001 with Civil Revision No. 2617 of 2001. Judgment Md. Abdur Rashid J. - This order will dispose both the Rules, which arise out of the following facts and circumstances: 2. On 8-11-1994 opposite party Nos. 1 to 9 in the earlier Rule made an applica......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....tion and Tenancy (amendment) Act, 1994. It may be convenient to quote the relevant portion of the laws passed at different times with regard to the abatement of rent, right, title and interest of the owner on diluvion and alluvion of his land. By the State Acquisition and Tenancy Act, 1950 the rent ......t High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J MA Aziz J Kajemuddin Miah (Md)………………………….Petitioner Vs. Bangladesh and others………………………….Respondents Judgment June 10, 1999. Lawyers Invol......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
.... of the due formalities the Bangali word “Pragga” along with particular colour, design and get-up was duly registered under No. 46773 in class 3. Thus the opposite party No. 1 became the absolute owner of the Trade Mark. The petitioner being allured by the reputation and goodwill of the trade ma......iction)
Present:
KM Hasan J
Solaiman Ali (Md.) trading as Aarman Soap Factory…………………………………….Petitioner
Vs.
Md. Abul Hussain, trading as Munni Soap Dhaka and another…………..…….Respondents
Judgment
November 11, 2001.
Cases Referred ...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
..
Category: Intellectual Property Law | Date: | Hits: 167
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....under section 9 of the Specific Relief Act, hereinafter referred to as the Act. Plaint case, in short, is that opposite party No. 1, Bangladesh Jatiya Shilpa Samity Ltd, in brief, the Samity, was the owner of the suit premises. In 1987, the Samity let out the suit premises to the plaintiff for comme......l Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shan Hosiery …………………………Petitioner Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others ……………………Opposite Parties Judgment January 28, 2002. Lawyers ......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...Category: Property Law | Date: | Hits: 31
.... reported in 1969 PTD 494. The reported case, we cannot but conclude, was cited out of confusion. This related to-payment of estate duty on vast cultivable and uncultivable land upon the death of the owner thereof. We thus leave it out of consideration. The respondents however, having accepted the t......
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MA Aziz J
Nisha Rani Devi…………………Petitioner
Vs.
National Board of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissione......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....scellaneous (Pre-emption) Case No.5 of 1995 for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. The case of the pre-emptor, in short, is that Koran Ali was the owner of the case jote by way of inheritance and purchase. He died leaving son Bachchu Mia, three da....... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....gainst forcing entry into an undivided dwelling house by a stranger by providing an opportunity to buy up the share purchased by a stranger thereto. This is indeed a beneficial legislation for the co-owners of an undivided homestead or dwelling house against the onslaught of an outsider. The object ......s Case is also Reported in: 52 DLR (HCD) (2000) 218. ......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....er date 29-3-2001 passed by this Court in Trade Mark Application No. 1 of 2001. 2. The short facts which are relevant for proper disposal of the case may be stated as follows: The petitioner is owner of Trade Mark Nos. 29058 and 29059 in Class 29 with effect from 12-7-89 and after initial regi......Court Division (Civil Statutory Original Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Elders Ltd………………………………….Petitioner Vs. Sunil Chandra Chowdhury & another………………… Contemner-Opposite Parties Judgment Februar...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
State Vs. Moslem, 2002, 31 CLC (HCD)
....corded by him was that the skull and thoracic ribs revealed that those were the bones of female body who was minor. He proved Post Mortem Report which is Exhibit 8. 26. PW 15 Jamil Hossain was the owner of VCR Cassette and stated that Mokles, PW 4 hired 17" Nippon TV (Black and White) along with ......………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir and Others Vs. State, PLD 1962 (SC) 269. Lawyer......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
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