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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. ......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......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. ...... 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 Involved: Abdur Rashid Khan with Ashraf Ali Kazi— For the appellant. Asrarul..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 ......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......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 ......II of Part--V of the Act……………. (9) Cases Referred To- Md. A. Rouf and others Vs. Mahmuda Khatun and others, 33 D.L.R. (A D.) 323; 33 D.L.R. (AD) 309. Lawyers Involved: S.K. Sinhafor B.N. Chowdhury—For the petitioner in all the three Rules...Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....t with first. Martial Law Order No. 40 of 1982 published in the Bangladesh Gazette Extra ordinary dated 7-11-82 is as follows: MARTIAL LAW ORDER NO. 40 “In pursuance of the Proclamation of the 24th March. 1982 and in exercise of all powers enabling him in that behalf, the ...... 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 ......he decree- When an application for review is made to the judge-in-Charge and who upon such application by a successor judge is without jurisdiction…………(23-24) Whether Martial Law Order No.40 of 1982 applies to development plan undertaken by Dhaka Municipal Corporatio......e- When an application for review is made to the judge-in-Charge and who upon such application by a successor judge is without jurisdiction…………(23-24) Whether Martial Law Order No.40 of 1982 applies to development plan undertaken by Dhaka Municipal Corporation W..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....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. ......lip;………………State 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......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. ....... Confession of a co-accused can be used only in support of other evidence and cannot be made the foundation of the conviction…………………….(9) Lawyers Involved: Abdul Majid, Advocate— For the Appellants. Md. Marfat Ali, Advocat..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... 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'...... 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. ......if.............................Appellate Vs. Md. Harunur Rashid......................Respondent Judgment September 6, 1983. Result: The appeal is allowed in part. Lawyers Involved: Abdur Rashid Khan with Md. Shahidul Huq —For the Appellant Mahmudu..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....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. ......paid to the defendant (lessee) by way of interest of the 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 fo......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. ......-Nessa Vs. Faiz-un-Nessa, 38 I.A. Page 85; Narasingherji Vs. Panuganti (1924) 51 I.A. Page 305; Abdul Khaleq Vs. Mst. Saiman Nessa Bibi; 19 D.L.R. page 17; 38 C.W.N. Page 883; 20 C.W.N Page 347. Lawyers Involved: M. S. M. Nasirul Islam—For the Appellant. M. A. Rahim—For t..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 ...... Hossain Khan J.- This appeal by the defendants is directed against the judgment and decree passed by the learned Subordinate Judge Noakhali, affirming those of the learned Munsif, Noakhali in a suit for declaration of rioyati right and for khas possession. 2. Facts in short that the plaintiffs......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 .......................................Appellant Vs. Shujayatullah and others........................Respondents Judgment August 6, 1983. Result: The appeal is dismissed. Lawyers Involved: Foruque Ahmed—For the appellant. No one—For the respondents...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 ......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......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 ......at no such letter ever existed….(7) Cases Referred To- 30 DLR (S.C.), 74 Dino Moyee Debi, Indian Appeals (L.R.) Vol. VII, Page 8; Kumud Kanta Pahari , C.L.J., Vol. 81, Page 274. Lawyers Involved: S.R. Pal with S.K. Sinha—For the Petitioner. B. B Roy Chowdhury&m..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. ...... Result: The appeal 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....... 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. ....... Shiba Rani, AIR 1950 Cal 441; Jiwnalal and Co. Vs. Manot and Co., 64 CWN 932; Abdul Mutaleb Vs. Razia Begum, (1970) 22 DLR SC 134; National Carriers Ltd. Vs. Panalpina, (1981) 2 WLR 45. Lawyers Involved: M. H. Khondker, Senior Advocate instructed by A. F. Hasan Arif, Advoc..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....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. ......hmed—For Opposite Party No.1. Kazi Shofiuddia Ahmed—For Opposite Party No.3. Criminal Revision No.285 of 1982. Judgment Mustafa Kamal J.- This Rule issued under section 361 A Cr.P.C is for quashing the proceedings in Sessions Case No.632 of 1981 pending in the 3rd Court, Additional Se......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. ......s 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. Lawyers Involved: Hamidul Huq Chowdhury with M. I. Farooqui and M.A. Wahab—For the petitioner. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
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. ......assed against the 5(five.) appellants by the Additional Sessions Judge, Rajshahi convicting the appellants under section 302/149 of the Penal Code and sentencing each of them to suffer transportation for life in Criminal Appeal No.113 of 1981. 2. The prosecution case in brief, is that on 13-11-......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......llip;…………..State Judgment May 12, 1983. Result: The Appeal is dismissed. Cases Referred to- 6 DLR Dacca 647; 10 DLR 61; 19 DLR (SC) 241. Lawyers Involved: Azizul Haque with Abu Ferdous Md. Sayeed, Advocates— For the Appellants..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. ......ll Cause Courts Act 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...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......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— For the Petitioner. Azizur Rahma..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....of the 24th March, 1982 takes away the jurisdiction of the Supreme Court to call in question in any manner whatsoever any Martial Law Regulations or Orders. This Court being a creature of Martial Law Proclamation has got no power to adjudicate on the propriety or vires of the Martial Law Regulations......evision No. 36(w) of 1983. Judgment Latifur Rahman J.— A Rule was issued calling upon the opposite parties to show cause as to why they should not be prosecuted or proceeded against for committing contempt of Court for disobeying and disregarding the judgment and order of this Cour......ght for time on 20-3-83 and for exemption from personal appearance of the opposite party Nos.1 and 2 and the same was allowed and the case was fixed for hearing on 19th April, 1983. In the meanwhile, Martial Law Regulation No.III of 1983 came into being on 13th April, 1983 by the Chief Martial Law A......thers………………………………….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, ..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... 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 ......ue, Subordinate Judge. Manikganj 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...... 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 ......C.) 457; Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli AIR 1974 Calcutta 126 B.C. Mitra; Bishwanath and another Vs. Sri Thakur Radha Ballabhji and others A.I.R. 1967 (S.C.)1044 Lawyers Involved: Shafiqur Rahman with Habibur Rahman Khan—For the Appellants. Khan ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....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 ...... AIR Mys. 1960 page 260; (1977) 29 DLR 239 ; Fakhruddin Mia Vs. Md. Khodabaksh Sk (1977) 29 DLR (SG) 268. Lawyers Involved: M. Latifur Rahman—For the Appellant. A. K. Badrul Hug for Syed Mokaddas Ali— For the Respondents. Second Appeal No. 457 of 1964 Judgment ......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 ......s dismissed Cases Referred to- Mohendra K. Roy Vs. Akbar Mollah (1977) 2 DLR 6; AIR Mys. 1960 page 260; (1977) 29 DLR 239 ; Fakhruddin Mia Vs. Md. Khodabaksh Sk (1977) 29 DLR (SG) 268. Lawyers Involved: M. Latifur Rahman—For the Appellant. A. K. Badrul Hug for Syed Mo..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....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. ......ving died has been duly substituted by his heirs. The contesting respondent No.1 Kahiluddin also died during the pendency of this appeal and has been duly substituted. 2. The suit was instituted for the establishment of plaintiff's title and khas possession in the suit land after disma......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. ......, 1983 BLD (AD) 342; Sk. Abdul Latif Vs. Abdul Malek Kazi, 1984 BLD (AD) 15; Tayefa Khatun Choudhurani Vs. Sornadhan K. Sen Rai, 53 (1931) CLJ 512; Nirode Baran Vs. Devendra Mohan, BCR 309 (AD). Lawyers Involved: Sk. Razzaque Ali—For the Appellant. Md. Latifur Rahman—For ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... 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. ......eeding 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 the dispute, the...... 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. ......quired by the conversion or exchange whether immediately or otherwise…… (6, 7 & 8) Cases Referred to- 30 DLR Dacca at page 4; AIR 1942 Nagpure; AIR 1930 Oudh 165; 2 Bombay Law Report page 84; AIR 1924 Bombay page 527. Lawyers Involved: Md. Abdus Sobhan, Advocate..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....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. ......oss 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 claime......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. ......amaswamy 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 Mohammad Vs. Mohammad Baks, AIR 1930 PC 91. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (M/s K. Z. Alam and Jamir-uddin Ahmed, A..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
.... No. 146 of 1982. It was pending for hearing as to whether leave was to be granted. At this stage the Proclamation of Martial Law dated 24-3-82 came into force and in clause (g) of the said Proclamation it was provided: "All proceedings arising out of and in connection ......neral — For the Respondents. Writ Petition No. 529 of 1980. Judgment Fazle Hossain Mohammad Habibur Rahman J.- This is an application under section 82 of the Civil Procedure Code for reporting the case for the order of the Government. 2. Section 82 of the Civil Procedure Co......overnment of Bangladesh filed Civil Petition for Special Leave to Appeal No. 146 of 1982. It was pending for hearing as to whether leave was to be granted. At this stage the Proclamation of Martial Law dated 24-3-82 came into force and in clause (g) of the said Proclamation it was pro......ir and others Vs. Bashir and another, P.L.D1963 (W.P) Lah. 178, Chand and others Vs. Abdul Ghaffur and others, P.L.D. 1965 (W.P.) Lah. 596, Thakur Prasad vs. Fakirullah, I.L.R. 17 All 106 (P.C.) Lawyers Involved: Hamidul Huq Chowdhury, Advocate-For the Petitioner. A. Wadud Bhuiya, Add..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. ......re passed in Title Suit No.839/78 on 16-1-79 should not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a declaration to the effect that the suit land where cattle Market sits once in a week is not a ......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. ......1983. Result: The Rule is discharged. Cases Referred to- 25 DLR at page 248, 476; Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrassa, 16 DLR (SC) page 281. Lawyers Involved: Syed Shamsur Rahman, Advocate— For the Petition. M.A. Wahab, Assis..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7