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M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
.... Haque Brothers Ltd................................................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 Tra......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. ......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)
............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 when an order under su......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 ......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)
....nt back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......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......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. ......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. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....iberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......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 one cotton saree was seized from the possession of accused Khoda Baksha. But no witness was produced from the prosecution side in respect of recovery and the prosecution side in respect of recovery and seizure of those articles from the poss......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. ..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....e same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ......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. ...... 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)
.... Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......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......tgaged the suit land with him as a token of that mortgage he obtained a patta from the plaintiff dated 9.3.53 (Ext. A), according to the local custom on an oral agreement that the defendant will recovery the land when the plaintiff would pay back the loan. It was further stipulated in that agre......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)
.... it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......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 ......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)
....admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal rule of evidence, not one of technicality, out of substance, that were written documents exist they shall be produced as being the best evidence of their own conte......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 ......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)
....ve, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ......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....... The defendants are the appellants before this Court. Plaintiff-respondents instituted other Suit No. 65 of 1969 in the 1st court of Subordinate Judge, Chittagong for declaration of title and recovery of possession after removal of the structures by the defendant-appellants. Allegations wer....... 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)
.....J. Akbar, Commodore & 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......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......of lease The Naval Head quarters stopped payment of rent after April, 1981 without consulting the Military Lands and Cantonments Directorate. The Naval Head quarters instituted a certificate case for recovery of rental money paid by the opposite party No.4 under the legally executed agreement and ......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)
....s are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......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. ......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)
....ellip;……………………..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&mdas......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......t is directed against judgment and decree dated June 30, 1982 passed by the learned Subordinate Judge, Second Court Sylhet (as S.C. Judge) in S.C.C. Suit No.34/73 decreeing the suit for ejectment and recovery of certain articles. 2. Plaintiff-opposite party No.1 instituted the aforesaid suit on...... 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)
....ithout any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......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. ......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)
....ppeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......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 ...... 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)
....esult, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......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...... 208/1961 reversing the Judgment and decree passed by the learned Munsif in Title Suit No. 526 of 1959 on 7.8.59. The appeal arises out of the suit for declaration of title over the suit land and for recovery of khas possession. 2. Plaintiff's case, in short, is that the suit land comprisin......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)
....se of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......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. ......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
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... Result: The Rule is discharged. Disputed Question of Title A proceeding under section 145 of the Code of Criminal Procedure is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as ...... is not a proceeding to decide disputed question of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of th...... due course of law. This shows that the law require the other party who had not been found in possession to establish his right title if any in the disputed property before the Civil Court and to get recovery before the Civil Court and to get recovery of possession thereafter in due course of law. U...... 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. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....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 fact established connection between them and the plots in question. On the other hand, no rent was paid by Shashi Bhusan or his wife Golap Sundari to Swarna Baishnabi (owner of plot No. 25) at any time before the State Acquisition. Thereafter, rent for all the three plots was paid to the governme......the error may be. 2. Circumstances giving rise to this appeal may be described as follows: Respondent as plaintiff filed O.C. Suit No. 225 of 1960 in the Court of Munsif, Rajshahi, for recovery of khas possession of the suit land by ejecting the appellant-defendant. He claimed th......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. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....th him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......same evening accused Sudhir was taken to Ruhia bil to search out the deadbody but he could not as night fell. In the same night accused Sudhir was again brought to the house of the informant. At that time his confessional statement was recorded in writing and in the following morning accused Sudhir ......it is found that nobody saw or knew when, where by whom and in what manner Jitendra was murdered. So there was no direct evidence on the point nor there was even any circumstantial evidence by way of recovery of any alamat from the place of murder. 16. The prosecution sought to involve the pres......oned what act of assault was done by which accused. The post mortem report including the evidence of the doctor shows that Jitendra's throat was entirely cut, his male organ was cut, his both forearms had swellings and there was lacerated wound on the head. But the recorded confession, Ext.3 doe..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....so Reported in: 41 DLR (1989) 90. ......ivil Procedure Code reads as follows:- "82. Execution of decree.- (1) Where the decree is against the Government or against a public officer in respect of any such act as aforesaid, a time shall be specified in the decree within which it shall be satisfied and if the decree is n......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. ......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. ..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
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