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Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....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 ......learned Additional District Judge Court No. 1 Khulna as per his order dated 29-1-81. 8. Mr. B.N. Chowdhury the learned Advocate for the petitioners in support of the contention relied on certain decisions. He has referred to a case reported in AIR 1917 Privy Council page 156. In the case of Bri..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. ......econdary meaning to have been acquired. The defendant in order to distinguish its product from that of the plaintiff has named its product as "King Cookie". Adopting the reasons of the decision reported in 1981 R.P.C. 69, therefore, it appears that although the plaintiff has introduce..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 ...... whether the land of the plots under pre-emption has also been recorded in the other M.R.O.R. Khatian No. 844. In support of the contention, Mr. M. Shehabullah, the learned Advocate has referred to a decision reported in 29 DLR 153 in which the original C.S. Khatian was split up into four different ..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. ......ieved. (a) by a decree or order from which an appeal is allowed but from which no appeal has been preferred. (b) by a decree or under order from which no appeal is allowed. or. c) by a decision on a reference from a Court of Small Causes. and who' from the discovery of new an..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
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 ......l purchased the superior interest under the circumstances this suit ought to be dismissed with costs. 4. The learned Munsif decreed the suit. On appeal the learned Subordinate Judge affirmed the decision of the trial court and dismissed the appeal. Hence this second appeal. 5. Both the cou..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 ......cimals out of the land of Plot No. 591 and further that the order declaring the suit property as non-resident & vested property was illegal & without jurisdiction. Being aggrieved by the decision passed in appeal, the petitioners have obtained the present Rule. 5. At the hearing of..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. ......e tenancy was terminable at the option of the tenant as provided by section 108 (e) of the Transfer of Property Act was rejected by the learned Judge of the High Court Division who on relaying on a decision of the High Court Division of East Pakistan in Golam Rahman vs. Mrs. Imratannessa, 22 DLR..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. ......der for taking necessary and appropriate actions in terms of the statute itself. But the complainant chose to prosecute the accused petitioner throwing the burden on the criminal Court to come to a decision on a complicated question or title. The Criminal Courts of the country are not meant for ad..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. ......ention of the learned Advocate for the appellants that the trial is vitiated by the failure for not calling assessors for aiding at the trial has got no substance. Mr. Azizul Haque, has submitted two decisions for our consideration. He has cited a case reported in 6 DLR Dacca 647, that was a case un..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. ......ents are of no avail because it was found that Rajani Kanta Lala was a tenant under the plaintiff and not under Matinuddin Ahmed as claimed by him. 9. No error of law could be pointed out in the decision of the trial Court and there being no substance in the submissions made on behalf of the pe..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
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. ...... Narayan Sannyal and others of West Bengal, India and the present petitioner Md. Khalilur Rahman are declared void, fraudulent, collusive, inoperative and ineffective inspite of the judgment, decree, decision, writ, order of the Supreme Court. The deed of settlement or lease executed by the Deputy C..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
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 ......a genuine one. Hence, the cause of action must be held to have taken place on 10.10.80 when the deed of exchange was registered. 7. Mr. Shafiqur Rahman, learned Advocate has placed before us the decision reported in the Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.)..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 ......espondents. He submits that the 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 re..Category: Property Law | Date: 23 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. ......ed 21-10-81 asking the Receiver to hand over the money to the opposite parties without the Civil Suit having being finally decided was bad in law and in support of his contention he has referred to a decision of this Court reported in 30 D.L.R. at page 4. He has further contended that because a pers..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. ......is whether the High Court Division acted within its strictly limited jurisdiction under section 100 of the Civil Procedure Code, in reversing, in a second appeal, the lower Appellate Court's decision keeping in view the established principle that no second appeal lies on ground of erroneous..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......the Writ Petition shall stand etc. In the present case i.e. in the Civil Petition for Special leave to Appeal No. 146 of 1982 the Appellate Division ordered as follows: "In view of the decision dated 30-6-82 pronounced by this Court in C.A. No. 19 of 1981, this petition has abate..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....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. ......per provision of the State Acquisition Act on 26th October, 1978 as such there has been no illegality in passing the order of acquisition. In support of his contention Mr. M.A. Wahab has referred two decisions reported in 25 DLR at page 248 and 476. He has also referred to a decision reported in 16 ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
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)
....rroneous. Such provisions confer a faculty or power but they do not follow by such words as ‘that anything done contrary to these provisions, shall be null and void to all intents’. Such is the legislative practice whenever it is considered to confer a power in absolute terms. Section 222 is n......from an order of the court but from appointment made by the testator himself, whereas the right to be appointed by the Court to administer the assets of the deceased stands on different footing. This decision was not, however, followed by the Calcutta High Court in the subsequent cases. In the case ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ......us sections of the Code makes it apparent that 'Judgment' in the Code means a judgment of conviction or acquittal. Every Order in a Criminal case, therefore was not a judgment. Whether a decision of the High Court Division which is neither an order of conviction nor of acquittal is judg..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1