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Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....n 24.08.1982 to the Court of the learned Additional Sessions Judge, 2nd Court Comilla, for disposal. And the transferred Court received the records of the case on 26.08.1982. Thereafter, several dates intervened and ultimately on 13.09.1982 charges under section 302/149 B.P.C. were framed again......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. ......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..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....om the local people whether the dacoits were recognised. 3. On the basis of this FIR. G.R. Case No.166/71 was started under Section 396 of the Penal Code. Police submitted final report dated 30-12-71. Thereafter nothing appears from the order sheet of the said ease of the Magistrate. ......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ...... 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 ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....974 against the appellant defendant Imperial Chemical Industries (Bangladesh) Ltd., (hereinafter called the appellant defendant) /or specific performance of contract contained in the agreement Ext. 1 dated 17.8.70 which devolved on appellant defendant No.1 from Imperial Chemical Industries (Pakistan......arty thereto as well as against (b) any other person claiming under him by a title arising subsequently to the contract (Except a transferee for value who has paid his money in good faith and without notice of the original contract). The present defendant-appellant claimed title in the suit property......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..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ctors of the Company from participating and voting in the said annual general meeting on behalf of and/or as proxy and/or as powers of attorney of the said respondent Nos. 8, 9 and 11. 3. On the date that the application for temporary injunction was moved, i.e. on 14.9.83 the respondents were a......persons requiring them. Before filing this application for temporary injunction the petitioners in order to save their own time and the time of the Court, could have obtained for themselves either by notice or through Court copies of proceedings of annual general meetings and of the Board of Directo......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..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
.... benami of his wife Mouna Khatun the defendant who also died during the pendency of the suit and was substituted by her heirs defendant Nos. (1) and (2) Kalu Meah and Ledu Meah by a registered kabala dated 21.3.50. The plaintiff further alleged that he purchased the same with his own money for his o......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 ......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..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....the case land stating that he did not have money to purchase the land. Pre-emptor respondent No.1 settled the price of the case land and was present at the time of registration of the disputed kabala dated 27.04.1979. He also delivered possession of the case land to the pre-emptee purchasers on beha......arers in the holding by inheritance and purchase. Transferors Jyoti Prasad and Tarun Tapan transferred the land in question without the knowledge of the pre-emptee respondents and without serving any notice upon them. Appellant pre-emptee 1–4 and P.W.2 Ula Mia used to cultivate the case l...... 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..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....titioner. Md. Altafur Rahman—For the Opposite Parties. Criminal Revision Case No. 61 of 1983. Judgment Mustafa Kamal J. - This Rule is directed against an order of acquittal dated 13.1.83 passed by Mr. A. H. Ahmed, Assistant Sessions Judge, Naogaon, in Sessions Case No.348 ......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. ......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 ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
....-General—For the State. Criminal Revision No. 59 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued 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...... 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/..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....ut 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, Works Programme to the post of Assistant......ost on 12.8.68 He was suddenly transferred to the office of the District Board as Assistant Accountant by the order dated 9.11.73; the post of Assistant Accountant is a lower post. No show cause notice was served on him before changing his status. This order is illegal and against the principle......ds, under 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 Accoun..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....;dhury J. - This rule arises out of an application under Section 115(1) of the Code of Civil Procedure filed by Mrs. Ummida Islam Khan wife of late Serajul Islam Khan @ Nasu Khan challenging an order dated 6.6.81 passed by the Subordinate Judge, Khulna, passed in Misc. Case No.48 of 1980 holding tha......person having "prima facie the best title thereto." That enquiry as to the best title or right to the debt of the deceased to be decided after receipt of an application for certificate, due notices served and on the date fixed for that purpose (as under Section 373 of the Succession Act) h......m Khan @ Nasu Khan challenging an order dated 6.6.81 passed by the Subordinate Judge, Khulna, passed in Misc. Case No.48 of 1980 holding that the court had jurisdiction to entertain the petition for Succession Certificate under the provisions of the Succession Act. 2. Facts leading to..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....rtem and homicidal injuries has not been disputed by the defence. Defence, as already stated, has only challenged the manner, place and time of occurrence. 7. P.W. 1 Mir Ahmed stated that on the date of occurrence in the morning while he was washing his face in the tank of his house, he saw tha......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 ......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..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....T.M. Afzal J. — This rule, at the instance of the 1st party-petitioner, arises out of a proceeding under section 145 of the Code of Criminal Procedure and it directed against judgment and order dated 30 5.83 passed by the learned Sections Judge, Comilla in Criminal Motion No.158/83 quashing th......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......f the Code of Criminal Procedure and it directed against judgment and order dated 30 5.83 passed by the learned Sections Judge, Comilla in Criminal Motion No.158/83 quashing the proceeding under the aforesaid section drawn up by the learned Sub-Divisional Magistrate, Sadar (South), Comilla by his or..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....an Ari]—For the Petitioner. Review Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustafa Kamal J.- This is an application for review of the order dated 8.8.1983 whereby the plaintiff's prayer for withdrawal of the suit was allowed. The plaint......r Mr. Rafique-ul-Huq has contacted him for a possible compromise of the suit. He, therefore, prayed for one week's time. The prayer was allowed. So on 1.8.83 also the suit was not admitted and no notice was served on any of the defendants. After one week on 8.8.83 the Court permitted the plainti......ur Rahman A. F. Hasan Ari]—For the Petitioner. Review Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustafa Kamal J.- This is an application for review of the order dated 8.8.1983 whereby the plaintiff's prayer for withdrawal of the suit..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)
....khawat Ali- For the respondent. Appeal from Original Order No. 153 of 1982. Judgment Mustafa Kamal J. — This First Miscellaneous Appeal is directed against the judgment and order dated 24.5.82 passed by the learned District Judge, Dhaka in Title Suit No.19 of 1981 granting tempo......d a biscuit manufacturing business end they have infringed, counterfeited, forged, imitated and pirated the said registered Trade Mark, Patent, Design and Copyright of the plaintiff. The plaintiff by notice asked the defendant to stop forthwith the production of the imitated biscuits but they did no......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..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....te Party. Civil Revision No. 657 of 1982. Judgment Abdul Matin Khan Chowdhury J. — This Rule was issued calling upon the opposite parties to show cause why the judgment and order dated 29-12-81 passed by the Additional District Judge Court No. 1 Khulna in Miscellaneous Appeal No......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 ......Result: The Rule is made absolute. Limitation Act (IX of 1908); Section 5 & 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that..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)
....awat Ali–For the respondent. Appeal from Original Order No.153 of 1982. Judgment Mustafa Kamal J.- This First Miscellaneous Appeal is directed against the judgment and order dated 24.05.1982 passed by the learned District Judge, Dhaka in Title Suit No.19 of 1981 granting te......iscuit manufacturing business and they have infringed, counterfeited, forged, imitated and pirated the said registered Trade Mark, Patent, Design and Copyright of the plaintiff. The plaintiff by notice asked the defendant to stop forthwith the production of the imitated biscuits but they did no......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..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....Rules. Civil Rev. Nos. 497, 498 and 500 of 1981 Judgment Md. Abdur Rouf J.- These three Rules have been obtained by the pre-emptor-petitioner calling in question the judgment and order dated 27.12.80 by the learned Subordinate Judge, Noakhali in Miscellaneous Appeals No. 121, 122 and ......in the aforesaid C.S. Khatian No. 803, that the opposite party No.2 by three different kabalas sold some portion of the disputed plot to the opposite party No.1 in the 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 ......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..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....nction and no Court can ignore it. But it must also be remembered that in Clause 4(1) of the schedule added at the end of the proclamation of the 24th March, 1982 by proclamation Order No. 1 of 1982, dated 11-4-82, it has been provided that the High Court Division of the Supreme Court shall have suc......n any other grounds, then that application shall he made only to the judge who passed the decree or made the order in term of rule 2-But if a judge who passed the decree or made the order has ordered notice to issue under Rule 4, Sub-Rule (2) proviso (a), the application for review may be disposed o...... 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 ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... The second design is in respect of plastic Ball Cock for use in low level cistern. The third design, being Design No.254, was applied for on 22.09.1980 and the certificate of Registration thereof is dated 13.02.1981. It relates to plastic commode seat cover. The 4th design, being Design No.231 is i...... 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. ......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'..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
.... Amin—For Opposite party No.2 Title Appeal No. 171/78 Judgment A. T. M. Afzal J. - This Rule, at the instance of the defendants 5-7, is directed against the judgment & orders dated March 27, 1979 passed by the learned Addl. District Judge, 2nd Court Comillain Title Appeal No....... Pal has submitted that the Addl. District Judge not only acted in violation of section 91 of the Evidence Act and failed to apply the rule of best evidence as aforesaid but even failed to notice that the non-production of the document was a main reason which weighed with the Trial Court ......lves exist. If a letter exists, it may contain something very different from that which the witness represents to be its contents. When an important letter is not produced and no explanation is given for, its non-production, an inference not unnaturally arises, either that the letter, if written, do..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
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