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A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
.... Martial Law Complaint Cell. Evidently, he wanted to make a short-circuit of the process of law in obtaining possession or dispossessing the second patty of the land through the opportunities of time and occasion throwing to the winds his allegiance to the common law which is deplorable. T......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 ..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 submitted that the owner of the vessel defendant No.1 represented by his lawyer 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 o......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. ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....y for ends of justice and without causing any prejudice to any party. A rule of equity as opposed to a rule of law shall be applied on the convenience of the parties concerned and may be relaxed from time to time for ends of justice in the interest of the parties concerned without causing prejudice ......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....xactly 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 another, there can be no doubt prima facie that an unwary customer is likel......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 ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
.... Judgment October 3, 1983. 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 mistak......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)
....xactly 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 another, there can be no doubt prima facie that an unwary customer is ......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. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....tition of miscellaneous case No. 128 of 1972 and 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 ......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 ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....ng the plaintiff-Association and its members from the said Market. The application for temporary injunction was also to the same effect. 7. As already stated the defendant respondents were given time by the learned Muhsif to file written objection against the plaintiffs prayer for temporary inj......sferred and the application for review was filed before the District Judge-in- Charge. He issued notice to the plaintiff opposite party under rule 4, sub-rule (2), h proviso (a) of Order47. After the appointment of a regular District Judge. the successor District Judge disposed of the application fo..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....nuary, 1980 and marketed it on 02.05.1980. He has, however, not produced any evidence at all that the siphon marked as Ext.3 or any other siphon manufactured by him and available in the market at the time of trial were manufactured before 30.06.1980 and that he stopped producing and manufacturi...... 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. ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....vidence on record on either way causing no prejudice for the parties. But the Courts below did not take into consideration this aspect of the case. This being a point of law can be raised even at the time of appeal. He has further urged that the Courts below failed to take into consideration the poi......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. ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....280 of 1916 and obtained a decree and in execution of the said decree he auction purchased the suit land and took delivery of possession thereof through court. After possessing the suit land for some time he sold it to Jafar Ali on the 20th Chaitra, 1325 B.S. After his purchase Jafar Ali possessed i......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)
....he finding of the learned Subordinate Judge on the main issue and held that the plaintiff's father Kali Prasanna got the suit land on the basis of amicable partition, possessed it during his life time and on his death plaintiff acquired a good title to the extent of .63 decimals and as such the ......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)
....pellants 1 and 4 jointly contested the suit and filed a joint written statement. Their contention was that defendant No. 1 constructed a small pucca house on the suit premises at his own costs some time in 1950. Since then it was being used as washing house, known as Bhatigar for coloring spices....... 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)
....y does not arise at all. 8. The Rule was heard on 9-5-83 and came up as apart heard matter on 10- 5-83. On that date Mr. Kazi Shafiuddfn Ahmed, learned Assistant Attorney General prayed for 7 days time in order that opposite party 1, 2, 4 and 5 may appear. Although notices of the rule had duly be......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. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....se in brief, is that on 13-11-70 at about 9 A.M. the complaintent's labourers including deceased Rahim Sheikh and deceased Mona Korati were cutting paddy from the land of the complainant. At that time the accused appellants along with others came armed with Fala, lathi and other weapons and seei......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....ntiff but he took a monthly bharatia tenancy from one Matinuddin Ahmed of Zindabazar who was the owner of the suit premises. The plaintiff was never the owner of the suit shop and the articles at any time. It was further alleged that in April, 1971 he left Sylhet for India and stayed there upto Dece...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....urt in those above writ petitions. In such circumstances, this present Rule for contempt of Court was issued. After the issuance of the Rule on 14-2-83, the learned Deputy Attorney General sought for time on 20-3-83 and for exemption from personal appearance of the opposite party Nos.1 and 2 and the......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. ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....and that Narayan Kumar Dutta has locus standi to file the suit. Points for determination in this appeal are; (a) Whether the suit property is debuttar property? (b) Whether the suit is time barred? 4. Mr. Shafiqur Rahman, learned Advocate appearing on behalf of the appellants has...... 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)
....an area of 3.14 acres of land belonged to plaintiff's brother Jadab who died 20 years ago leaving behind his widow Jatri, an unmarried daughter Shubhadra was inherited by his widow Jatri for life time and this land were managed by the plaintiff on behalf of the Jatri who gave the usufructs there......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
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....hoice to the purchaser of a tenure under a rent decree either to accept the under tenure or to avoid it within a year. If the purchaser does not exercise the right to annul the incumbrance within the time allowed by law, it must be presumed that he intends to adopt the under tenure or any other incu......osts. 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. ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3