Search Options
Judgment Advanced Search
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....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 ......t. It was also held that while a descriptive term may acquire a secondary meaning, the period in the present case was far too short for such a secondary meaning to have been acquired, particularly in view of the plaintiffs' constant reference to their product as "McCain Oven Chips". It..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....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 ......ring the appeal in time due to wrong advice of the learned Advocate. The learned Additional District Judge ought to have condoned the delay in filing the appeal and heard the appeal. 13. In this view of the matter the Rule is made absolute without any order as to costs. The order dated 29-12-81..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)
....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. It was also held that while a descriptive term may acquire a secondary meaning, the period in the present case was far too short for such a secondary meaning to have been acquired, particularly in view of the plaintiffs' constant reference to their, product as "McCain Oven Chips". I..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....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 ......rred the above mentioned miscellaneous appeals and the lower appellate Court by the impugned judgment and order dismissed the appeals and affirmed the judgment of the trial Court upon taking the same view that the parent khatian i.e. CS, Khatian No. 805 having been separated into two khatians and th..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....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. ......Corporation & others................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 ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....time of appeal. He has further urged that the Courts below failed to take into consideration the point that the defendant appellant was also a petitioner in the sale not aside case and yet came to an erroneous findings of facts as to the absence of the appellant in that proceeding and all these havi......was in fact a mortgage deed and not a lease document, proved by subsequent conduct of the parties and also by oral agreement as to that, and also having it proved by independent witnesses and in that view of the matter the Court found right, title and interest of the plaintiff. The plaintiff had to ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....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 ......actual physical possession i.e. the person having title would not be deemed to be in possession within 12 years of the institution of the suit under Article 142 of the Limitation Act. In my view if the evidence of possession of behalf of the plaintiffs and on behalf of the defendants as to..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....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 ......ari were Indian citizens for about last thirty years and as such except.121/2 decimals of Kali Prasanna the rest of the lands out of aforesaid 1.12 7/8 acres become enemy property w/e from 3.12.65 in view of the Notification No. 1199 of even date. Upon such finding the suit was dismissed. Plain..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... 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. ......minate the lease tenancy will come to an end and the lease will be void. There is, however, no specific provision governing the case of total destruction of the subject matter of the lease. These views expressed in the case of Golamur Rahman Sawdagar Vs. Imaratannessa Begum, (1970) 22 DLR 126, ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......cate argues that in this case all the material witnesses are related to the complainant party and the prosecution did not bring any independent and disinterested witness to prove its case and in that view of the matter the prosecution case appears to be doubtful and the appellants should be acquitte..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......d and thereafter he was inducted 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 be..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....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. ...... with any judgment, decree, decision, direction, writ, order or declaration in respect of the scheduled properties shall abate forthwith and shall not be further proceeded with." 6. In view of the Martial Law Regulation No.III of 1983, Mr. Daliluddin Ahmed, the learned Advocate appear..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
...., influenced by supernatural powers of Hemangini, settled with her the suit land on receipt of salami in 1351 B.S. and delivered possession to her accepting her as the tenant. Narayan Kumar Datta who erroneously recorded the land in her name as Shebait. The defendants denied the alleged oral gift of......t. F the power of attorney, it appears that Charu Bala was continuing the seba-puja of the deity. There is evidence on record that members of the Hindu community make their offerings of the deity. In view of the continuance of puja of the deity there was no occasion for any apprehension that the wor..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ...... vested with wider responsibility and accountability in the administration of criminal justice, such reckless act on the part of a 1st Class Magistrate cannot be treated lightly. 3. In that view the contemner is seriously warned not to repeat again this sort of reckless act in future under..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....r section 100 of the Civil Procedure Code, in reversing, in a second appeal, the lower Appellate Court's decision keeping in view the established principle that no second appeal lies on ground of erroneous finding of fact, however, gross the error may be. 2. Circumstances giving rise to thi......Court Division acted within its strictly limited jurisdiction under section 100 of the Civil Procedure Code, in reversing, in a second appeal, the lower Appellate Court's decision keeping in view the established principle that no second appeal lies on ground of erroneous finding of fact, ho..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....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. ......ing of the Writ Petition shall stand etc. In the present case i.e. in the Civil Petition for Special leave to Appeal No. 146 of 1982 the Appellate Division ordered as follows: "In view of the decision dated 30-6-82 pronounced by this Court in C.A. No. 19 of 1981, this petiti..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
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. ......rnment after final publication of compensation assessment roll. 11. In the present case whole question is whether hat in question has been legally acquired or vested in the Government or not. In view of the above noted decisions it can easily be said that the hat in question has vested in view ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
.... from this Court to thrash out the controversy whether Jalada is dead or alive and the C.R. No. 37 of 1981 (arising out of O.C. Suit No.71 of 1975) is still pending. The learned Judge in the F.A. had erroneously travelled into the path which had unfortunately led them to a blind alley. The position ......ubstitution of the heirs of Digindra was filed. The learned District Judge, vide his order dated 5-4-76, held that if the executor dies before obtaining Probate it cannot be granted to his heirs. The view was taken that substitution under the provision of the Code of Civil Procedure could not be don..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ......nor of acquittal is judgment- The order of dismissal for default being not a judgment within the meaning of section 369 of the Code of Criminal Procedure, the Court has inherent powers to review and restore the Criminal Revision case. The order dismissed for default when it was neithe..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1