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Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... widow namely the petitioner before this Court Mrs. Ummida Islam Khan would also inherit a share of 1 anna and her daughter would inherit 4 annas 13 gondas 1 Kara and Kranti and odd share in the property left by Nasu Khan. The petitioner before this Court namely Ummida Islam Khan, another wife ......in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate case being Miscellaneous Case No.48 of 1980 after the death of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate ......he territorial jurisdiction of the court at Dhaka as the permanent place of residence of the deceased namely Serajul Islam Khan during his death was at Dhaka but the place of his residence had been illegally and fraudulently suppressed in the petition with an ulterior motive and only for the purpose..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
..... Gulzar Alam.......................................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire........................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire properties of all the co-sharers ......ppellate Court rightly decreed the plaintiffs suit for partition agianst the defendants with regard to six plots of lands in khatian No.25 between the plaintiffs and the defendants There is no illegality in the judgment and of the lower appellant Court and consequently this appeal is dismissed ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....n the two cartons. In a case of imitation, however, no two cartons are exactly alike. There is bound to be some difference here and there. But taking the two cartons, not side by side, which is not a proper method of comparison in such cases, but by looking at one at one time and then looking at ano......d...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi—...... to their product as "McCain Oven Chips". It was also held that where a person introduces a new product to the market, gives it a name descriptive of the product and has a monopoly, whether legal or de facto, in that product, he cannot claim a monopoly in that name. He can only require tha..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....laintiffs No.1 and 2 as sons and Sarat Kumari Debi as his widow. Sreemonta Chatterjee constructed a two storied building on the suit land and executed a registered deed of gift in respect of the suit property on 30-6-34 in favour of his wife Sarat Kumari Debi. Sreemonta Chatterjee had several toujis......; 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 matter even by a senior counsel may constitute sufficient cause for condoning deley if ...... others it was held by their Lordships of the Punjab High Court :- "Though there can be general doctrine which saves parties from the results of wrong advice, yet mistaken advice given by a legal practitioner may in the circumstances of a given case give rise to sufficient cause within s. ..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)
....n the two cartons. In a case of imitation, however, no two cartons are exactly alike. There is bound to be some difference here and there. But taking the two cartons, not side by side, which is not a proper method of comparison in such cases, but by looking at one at one time and then looking at ano.................................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......ir, product as "McCain Oven Chips". It was also held that where a person, introduces a new product to the market, gives it a name descriptive of the product and has a monopoly, whether legal or de facto, in that product, he cannot claim a monopoly in that name. He can only requir..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....isputed lands. 3. The pre-emptee-opposite party No.1 contested the cases by filling written objection and alleging, inter alia, that the petitioner was not a co-sharer in respect of the disputed property with regard to which two khatians under S.A. operation, namely Khatian Nos. 844 and 845 hav......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......party No. 1 in their parent C.S. Khatian No. 803 was no longer in existence while the impugned transfer took place. The learned Munsif also declined to consider whether the parent Khatian No. 803 was legally spitted up into two khatians, namely, M.R.O.R. Khatian Nos 844 and 845. Thus the learned Mun..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....Ministry of Public Works and Urban Development on 6-2-82 and 13-2-82. While transferring the Government New Market as also other markets of the Dhaka to the Dhaka Municipal Corporation the Government properly demarcated the transferred area in a site plan and also furnished a list of allottees with ......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......tention. 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 was illegal and without jurisdiction. The suit was dismissed but ultimately in a Letters Patent Appeal the..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....custody for long 3 days. 7. Mr. Marfat Ali, the reamed Advocate appearing for the State contended that the conviction of accused Forkan Ali on the basis of his own confession was quite legal and proper. 8. P.W.1 Bangshi Badan Chowdhury was the informant. His wife P.W.2 Shila Rani, sister P...... 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......he police custody for long 3 days. 7. Mr. Marfat Ali, the reamed Advocate appearing for the State contended that the conviction of accused Forkan Ali on the basis of his own confession was quite legal and proper. 8. P.W.1 Bangshi Badan Chowdhury was the informant. His wife P.W.2 Shila Rani..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....he loan till the loan is repaid. The plaintiff possessed the land paid half of the barga crops as per term of the agreement to the defendant for quite a number of years till 1953. Thereafter the property was put to auction by the landlord for arrears of rent due from the plaintiff as tenan...... 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......case of misrepresentation as contemplated under Proviso 1 and 6 to Section 92 of the Evidence Act. Hence, it is contended by the learned Advocate for the appellant that the Courts below did not act illegally in admitting the oral evidence in any violation of the Provisions of Section 92 of the ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....Balahari, Tripura Sundari and Basanti Kumari, wife of Bihari Lal Banik, Nittananda Banik and Dinobandhu Banik respectively who were members of a joint family. Their sons were also joint in mess & property. They also acquired property in different parts of India. One of the sons of aforesaid Biha...... This Case is also Reported in: 36 DLR (1984) (HCD) 235 .......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 and without jurisdiction and for further declaration of his title to the suit land along..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....l is dismissed. The Transfer of Property Act, 1882 (IV of 1882) Clause (e) of section 108 of the Transfer of Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially and permanently unfit for use for the purpos......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......e mentioned that the learned Subordinate Judge, after considering the evidence record, found the following facts, namely, the pucca house was not constructed by appellant No. 1, appellants had no legal claim to the land as they were monthly tenants in respect of structure on the suit land and ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....iscreants. They were ousted by the Naval Headquarters. The premises were repaired and made habitable by the Naval Headquarters at state expense. The premises in question were listed as an abandoned property and had vested in the state under article 4 to P.O. No.16 of 1972. The premises were allott...... & 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......officers and personnel for their family accommodation. The accused petitioner Maqsood Alam is the son of the non-local original owner of the premises in question. He withheld or failed to produce any legal document of title upon repeated call. It is not stated who gave the call and when he failed to..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....t proceeding, is that one Khalilur Rahman claimed to have got 36.06 acres of land including a tank from "five annas" cosharers of former Putiya Raj Estate, Rajshahi by exchanging his landed property situated in West Bengal under a deed of exchange dated 20-8-65. A portion of this property ......;……….Contemners Judgment May 5, 1983. Result: The Rule is discharged. Lawyers Involved: Md. Ansar Ali, Advocate with Md. Marfat Ali, Basiruddin Miah and Younus Ali, Advocates— For the Petitioners. Daliluddin Ahmed, Advocate with Akram Hos......nd the deed of settlement dated 9-10-75 shall be void. Article 4 of this Regulation No.III of 1983 reads as follows:— Article 4. "All suits, appeals, petitions, applications and other legal proceedings pending, immediately before the commencement of this Regulation, in any Court..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....nj 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. Khatian No. 52 of Mouja Porr......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......on of the deity and the worshippers approved such a transfer, and there is no sanction in Hindu Law for the transfer for consideration of the abode of the deity or a part of it to a stranger even for legal necessity. 9. In that case S.C. Deb, J observed that it is wholly wrong to say that the c..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....sence of any proof that the transfer was for the purpose of legal necessity the said transfer cannot be treated as valid transfer by a widow because of the fact she had only life interest in the suit property. In support of his contention Mr. Latifur Rahman has relied on a case reported in 29 DLR pa...... Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......he 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 collusive document and without consideration and there was no legal necessity for Jatri to transfer the same to Shubhadra. As the same patta has clouded the title..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....ual possession on the day of the dispute, the Magistrate must not find possession on the basis of any alleged title or right to possess but on the basis of possession alone to the extent and manner a property is capable of being possessed. Under section 146 of the Code of Criminal Procedure a M...... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………...... on the other hand had urged that the order of the learned Magistrate dated 21-10-81 directing payment to the opposite parties, being the first party in the proceeding was competent and it was passed legally in exercise of the power conferred on the said Magistrate by law and the said order having b..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....li 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 No. 2 executed a Power of Attorney dated 2-1-51......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...... Mohsen Ali J Erfan Ali…………………………………Appellant Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur & others…………… Respondent Judgment ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......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"......at of running several other public statutory bodies before the liberation of Bangladesh. The nationalised banks, in their structure and organisation, were concerned to be public statutory bodies. The legal character of these public statutory bodies, their structures, the methodology of their functio..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
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. ...... is also Reported in: 3 BLD (HCD) (1983) 284. ......he provisions of the said Act. It was further case of plaintiffs that no compensation assessment roll has been prepared and published in respect of the suit land as such the order of acquisition is illegal, void and not binding upon the plaintiffs. Plaintiffs filed an application under Order 39, rul..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
....that petitioner No. 1 has refused to subscribe his signatures in a cheque for withdrawal of amounts under certificated bills and/or pass such other or further orders as your Lordship may deem fit and proper.
On the face of this apparent uncertainty in the mind of the petitioner, the allegation ......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......k of the Fens Regulator, but denied the allegation that he was using men, money and materials of the main firm in the work undertaken by the Faisal Construction which be claims is a separate and legally constituted firm. He claimed that 90% of the work was completed already and the rest of..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
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