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M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
.... passed by the learned District Judge, Dhaka in Title Suit No.19 of 1981 granting temporary 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 su......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.................................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. Design and Trade Mark Cases) 69 (CA) Lawyers Invol..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
...............................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 whe...... in paragraph 8 of the said-affidavit it is stated that the petitioner did not claim his right of pre-emption as a contiguous owner too. 8. At the time of issuance of the Rules re-cords were not called for. But on being asked the learned Advocate for the petitioner produced the certified copy o.......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......oint holding sub-section (3) of section 117 that that when an order under sub 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 pu..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
................Respondent 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......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......lt: 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 circumscribed by the statute which confer such right-Revi..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....ellip;…………………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 b......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. ......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....... 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 conviction could..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
..... Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 filed u/s 53 of the Patents and Designs Act, 1911, hereinafter referred to as the said Act. 2. The plaintiff Md. Harunur Rashid is the sole proprietor of M/S. Ismail & Co. and claims to be a leading manufacturer of plastic goods so...... 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 ......hmudul Islam with K. Z. Huq—For the Respondent. Appeal from Criminal Order No.512 of 1981. Judgment Mustafa Kamal J.- This Miscellaneous appeal is directed against judgment and order 31.08.1981 passed by Mr. M. I. Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 f..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......that at the time of execution it was agreed that the patta would be mere security for the money advanced and the land will be returned after the loan would be repaid. Further, it is seen that this so-called leased out property was put in auction for arrears of revenue and it was the plaintiff who al......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. ...... Respondent. Appeal from Appellate Decree No. 693 of 1968. Judgment Anwarul Hoque Chowdhury J.- This appeal at the instance of the defendant Jaha Baksha Par, son of late Madhu Par and on the death of said appellant his heirs namely, Mozem Par, Ahmed Ali Par and Asmani Bibi is dir..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....grown by them. Hence this suit. 3. The defendant Nos.1-3 contested the suit by filing three separate written statements. Their case is that Abdul Ali was the original owner of the suit lands. He sold 12 gondas and odd of the land to one Mobarak Ali and the balance I kani and odd was mortgaged b......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 ......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 courts below on con......urt High Court Division (Civil Appellate Jurisdiction) Present: Sultan Hossain Khan J Md. Hossain Mia....................................Appellant Vs. Shujayatullah and others........................Respondents Judgment August 6, 1983. Result: T..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....nik & others................Petitioner Vs. Sanjib Kumar Banik & others........................opposite Parties Judgment July 6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a......inding as to amicable partition. It has been submitted that when there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence. Mr. Pal recalled the dicta laid down by the Judicial Committee in the case of Dino Moyee Debi reported in Indi......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 ...... 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)
.... declaration of title and recovery of possession after removal of the structures by the defendant-appellants. Allegations were that the suit premises originally belonged to Haji Neamat Ali, predecessor of the plaintiff-respondents in occupancy right. He constructed the shop houses, godowns, C. ....... 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. ......hly tenants in respect of the suit premises. As the plaintiff’s refused to accept rent from November, 1969 the defendants have been depositing it with the House Rent Controller. 5. The trial court decreed the suit. Defendants-appellants preferred First Appeal No. 3 of 1974 before the......Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others....................................Appellants Vs. Abdus Sakur and others…..................................Respondents Judgment June 29, 198..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....Reported in: 39 DLR (HCD) (1987) 215. ......h petition the certified copies of the laid docu-E (1) to E (29) 6. On the application of the petitioner, the Additional Sessions Judge, 3rd Court, Dhaka, before whom the case is pending for trial called for documents papers from the prosecution of Military Land and Cantonment Executive Officer, ......section 467 of the Penal Code in the petition of complaint. The learned Magistrate allowed the prayer by order dated 2.781 on 28.10.81 the records of the case were sent to the Court of Sessions for trial. On 31.5.82 the petitioner obtained the present Role. 3. The petition of complaint (Anne...... & 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 Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawy..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....ng with others came armed with Fala, lathi and other weapons and seeing this the labourers of the complainant started running towards the house of the complainant for fear of life. But the accused persons chased them near the southern side of a tank and attacked the complainant party. There appellan......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......s a consequence of that. 4. Mr. Azizul Haque, the learned Advocate appearing for the appellants, submitted primarily two grounds for our consideration. Firstly he submits that the holding of the trial without the aid of assessors as contemplated under section 268 of the old Code of Criminal Pro...... ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....f that situation the plaintiff illegally looted away all the articles from the suit premises and remained in illegal and forcible possession thereof during the period of the liberation movement and also for few days thereafter, that on his return to Sylhet in January, 1972 he made a complaint to the......r that such a tenant may be ejected at any time without demand of possession. In the light of the aforesaid principle it is clear that the petitioner had neither any independent interest nor could be called a trespasser as was sought to be argued by his learned Advocate at one stage of his argument.......as a tenant in the suit premises. The main question therefore in the suit was whether Rajani Kanta Lala was a tenant under the plaintiff or under Matinuddin Ahmed. In view of the clear finding of the trial Court that there was a relationship of landlord and tenant between the plaintiff and Rajani Ka......……………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhury, Advocate— For..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....it property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porrah, P.S. Manikganj is a debuttar property belonging to the deity kali, Narayan Kumar Datta, a person interested, filed the suit on behalf of the deity. The plaintiffs case is that the suit property...... 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 ......residing with his family. Defendant No. 2 was in possession of the suit. Defendant No.2 was in possession of the suit property on the basis of registered deed of exec hang dated 10.10.80. 3. The trial Court decreed the suit after finding that the suit property was a debuttar property and that N......e 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 and others Vs. Kali Kikkor Gunguli AIR 19..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....f the Jatri who gave the usufructs thereof to her who died in 1360 B.S. the plaintiff inherited the said land as reversionary Subhadra the daughter of Jatri in the meantime was married. But she was also sonless Subhadra obtained a patta with respect to the suit land from her mother. The patta is a c......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 ...... 3. Mr. Latifur Rahman, the learned Advocate has appeared on behalf of the appellant. He submits that the lower appellate court erred in law in reversing the judgment and decree passed by the learned trial court without reversing his finding and referring to the material on which the trial court bas...... Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....te court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......extinguished by serving notice under section 167 of the Bengal Tenancy Act. That being a question of fact and decided by all the court's below the Appellate Division held that no interference was called for. 11. It is the case of the plaintiff that Golam Ali Sk. held the raiyati interest un......ower appellate court in the instant case. In the result, this appeal is allowed without any order as to costs. 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. ......man—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment M. S. Ali J. - This appeal preferred by the plaintiff Abdul Shaikh is directed against the judgment and decree dated 18.12.62 of the learned Subordinate Judge, Additional Court, Khulna in Title Appeal..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....he was unable to satisfy himself as to which of the parties were in possession he may attach the property until a competent Civil Court would determines the rights of the properties thereto or the persons entitled to possession thereof. Converted or Exchanged form of Property Under section......irst party should refund the money which was drawn. Against that a Criminal Revision No.8 (1) of 1981 was preferred by the other party before the learned Sessions Judge and on 7-2-81 the records were called for. The learned Magistrate however finally disposed of the proceedings under section 145 of ...... such property, or the sale-proceeds thereof, as he thought fit. Further section 517 of the Code of Criminal Procedure on the chapter "disposal of property" provides that when an inquiry or trial in a criminal Court is concluded the Court may make such order as he thinks fit for the dispos...... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....rna Baishnabi. According to the respondent, Kali Charan purchased the other two plots, got his name mutated in the landlord's sherista, paid rent for those plots till his death, and after him his son, Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant N......etermined on construction of documents not exactly documents of title but documents having direct bearing on the question. In such cases fact and law intermixed giving rise to what is ordinarily called ‘mixed question' of law and fact. In those cases the High Court's interference ......s it was lying vacant, he took over 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 pl......howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....or Circumstantial Evidence- Unproven Oral Confession- In the alleged oral confession nothing was said where, when and in what manner the murder was committed. Such oral confession was also not supported by any independent witnesses and cannot be believed. Fabricated False Evide......at on 29th Bhadra, 1386 B.S. corresponding to 15-9-79 at about 9 P.M. informant Binode returned from hat when he was informed by the wife and son of his elder brother Jitendra that accused Jogesh had called and taken away Jitendra to attend a salish at the house of accused Haripada and Jitendra had ......e after investigation charge sheeted the 6 accused-persons along with 8 others U/S. 302/ 34. 4. The learned Additional Sessions Judge put all the 14 accused-persons including the 6 appellants to trial U/S 302/34 of the Penal Code. 5. All the accused person pleaded not guilty. Their defianc......………………………………………State Judgment March 8, 1983. Result: The appeal is allowed and the reference is rejected. No Eye-Witnesses and No Direct or Circumstantial Evidence- Unpro..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....e words "commercial establishment" have been defined in section 2(d) in The Shops and Establishments Act, 1965. Among other concerns "banking company" and "a bank" was also "included within" the definition of the said words. It is undisputed that before the na......shing the Sonali Bank appears to us to be no different from any such public statutory body. The then Supreme Court of Bangladesh had occasion to consider the true nature and character of what it called "public corporation" and it observed as follows in the case of B.S.I. Corporation V......ablishments Act, 1951 for regulating the holidays, payment of wages, leave, hours of work and certain other allied matters concerning the workers employed in shops, commercial establishments and industrial establishments, not being factories. This is what is contained in the preamble of the said Act......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
....he view expressed in the judgment of my learned brother Shahabuddin Ahmed J.
2. The question is whether the respondent had committed contempt of this Court. The allegation is that he willfully disobeyed the court's order and direction passed on 13th July, 1982. Facts have been given in the ......protect the dignity of the court and not to satisfy the grudge of any private individuals see (Onish Vs. Dulla Mia, A.I.R. 1969 Delhi 214) and in the case of technical contempt no action is called for (Express Newspapers Vs. Roy Saha Publication, AIR 1964 Punjab 428) In the case of PC. Sen......lso filed a separate suit, T.S. No. 16 of 1981, in the same Court for restraining the plaintiffs of Title Suit No. 371 of 1980 from proceeding with that suit. Both the suits are now pending. The trial Court by an order dated 30 June 1981 appointed a receiver to take charge of the Project and to......te Division
(Criminal)
Present:
FKMA Munim CJ
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Syed Md. Mohsen Ali J
Mahbubur Rahman Sikder and others................................Petitioners
Vs.
Mujibur Rahman Sikder alias M. R..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
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