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Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)

....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. ......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. ......used simply on the ground of the absence of the complainant or his witnesses. (Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96). 12. Recent substantive changes in the Code of Criminal Procedure in Bangladesh have not made any difference in the legal position in so far as the trial of a case be&sh..

Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4

Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)

.... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54.         ...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54.         ......nt as they all raise a common question of law. 2. Dkakerwari Cotton Mills Ltd. Is the common respondent in all these applications. By P.O. No. 27 of 1972 it was nationalized and placed under the Bangladesh Cotton Mills Corporation. Article 23 of P.O. No. 27 of 1972 originally provided as follow..

Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5

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.   ...... 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.   ......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/-149/448/324/323/326/302/307/34 Bangladesh Penal Code was started and the same was numbered as G.R. Case No.1595 of 1980. 3. Po..

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.       ......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.       ......inant's son and other accused persons injured Shahid, Arshed and Ansar. 3. Police after investigation submitted chargesheet on 19.12.81 against the petitioners under sections 147/148/325/323 Bangladesh Penal Code read with section 4 and 5 of the Explosive Substance Act and 14 of the Special..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....der the Works, Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed Q.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (I) that the office Memo. dated 9.11.73 transferring him from his post of Accountant, ......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71     .........Petitioner Vs. Mukhlesur Rahman.....................................Respondent Judgment October 30, 1983. Result: The appeal is allowed. Cases Referred To- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury 29 DLR (S.C.) 41; Bang­lad..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1

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. ......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. ......ing retrial--This is an abuse of the process of the court and must be set aside--Code of criminal Procedure (V of 1898) S. 561A……………(11) Case Referred to- Bangladesh Vs. Shajahan Seraj, 32 DLR (AD) 1, Lawyers Involved: Nurul Islam Chowdhury&mdas..

Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1

Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

.... 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.   ...... 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.   ...... in holding so in the affirmative the court had acted illegally in exercise of its jurisdiction rendering the proceeding coram non Judice. Under Section 371 of the Indian Succession Act as adopted in Bangladesh, the District Judge within whose jurisdiction the "deceased ordinarily resided at th..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)

....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28.   ......er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28.   ......ates that the suit was withdrawn in bona fide belief that a compromise would be reached with the defendant vessel. The compromise did not take place and the vessel also left the territorial waters of Bangladesh. The plaintiff submits that had it been represented to the Court on 8.8.1983 that the pla..

Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12

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       ......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       ...... 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 manufacturers of biscuits in Bangladesh. In 1979 the plaintiff invented a new type of biscuit first of its kind in Bangladesh by ..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12

Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)

....80 in Misc. Case No. 20 of 1976 should not be set aside. 2. Facts of the case in short are that the plaintiff-petitioner filed Title Suit No. 41/66 in the Court of Subordinate Judge Khulna for a declaration that the certificate case No. 565/R/C of 1948-49 and the sale held thereunder on 28-7-60......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   ......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)

....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. ......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. ......ff-respondent Haque Bro­ther (Industries) Ltd. filed the aforesaid suit for permanent injunction on the aver­ments, inter alia, that it is one of the lead­ing manufacturers of biscuits in Bangladesh. In 1979 the plaintiff invented a new type of biscuit first of its kind in Bangladesh by ..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290

Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)

....Baksin Vs. Mr. Rajeswari Kunwar. A.I.R. 1948 Allahabad 213 a Division Bench decision, in support of his contention. The short facts of the case are that a Civil suit was filed by the respondent for a declaration that the order of the District Judge directing a refund of the decretal amount deposited......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.       ...... Dhanmondi, District Dhaka since 1953. The members of the plaintiff- Association have been running their business as allotted under the defendant No. 2, the Government of the People's Republic of Bangladesh represented by the Secretary Ministry of Public Works and Urban Development. The said def..

Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1

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. ...... 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. ......igns 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 the absolute owner of the said designs. S..

Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223

Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)

....sain Khan J.- This appeal by the defendants is directed against the judgment and decree passed by the learned Subordinate Judge Noakhali, affirming those of the learned Munsif, Noakhali in a suit for declaration of rioyati right and for khas possession. 2. Facts in short that the plaintiffs pur......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   ......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   ..

Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2

Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)

.... 21, 1978 of the learned Subordinate Judge, 3rd Court, Comilla passed in Title Suit No.112 of 1975 dismissing the said suit. 2. Plaintiff Opposite party No. 1 instituted the aforesaid suit for a declaration that the order dated 4.3.75 passed in E. P. Case No. 230 of 1973-74 was illegal, void an......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   ......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   ..

Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3

Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)

....ary 19, 1982. 2. The 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-ap....... 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.   ....... 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

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. ......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. ......¦â€¦â€¦Petitioner Vs. K.M.J. Akbar, Com­modore & others……………..Oppo­site-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corpo­ration Vs. Masood Raza and others, 30 DLR (SC) 169, Government of Bang..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)

....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......53 of 1976 and 627 of 1980. 2. In pursuance of the issuance of this contempt Rule, the Secretary, Ministry of Land Administration and Land Reforms, the Government of the Peoples' Republic of Bangladesh, Mr. Azizur Rahman, Deputy Commissioner, Rajshahi Mr. Jetendra Proshad Tanchangya, Additi..

Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1

Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)

....Subordinate Judge. Manikganj of Zilla Dhaka dated the 30th day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Kh...... 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      ...... 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      ..

Category: Property Law | Date: 4 Apr, 1983 | Hits: 4

Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)

....dditional District Judge, Khulna in Title Appeal 208/1961 reversing the Judgment and decree passed by the learned Munsif in Title Suit No. 526 of 1959 on 7.8.59. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's......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 ......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 ..

Category: Property Law | Date: 23 Mar, 1983 | Hits: 3