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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 ......n Sardar who was his junior filed an application for time on the ground that he could not manage to engage a Senior and he was not competent to conduct the suit as there were complicated questions of law and fact involved but the learned Subordinate Judge did not grant any time and dismissed the sui..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. ......he trial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided completely on the evidence on record and on the appreciation of facts and law independently by the trial Court without being influenced in any way by any prima facie finding ..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 ......rstly, that the opening of two separate jamas under the State Acquisition and Tenancy Act by way of sub-division of the original jama i.e. C.S. Khatian No. 803 having not been done in accordance with law, the Courts below committed an error of law in holding that on the basis of two separate khatian..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. ......ategory-In Martial Law Order No. 40 of 1982 "any Corporation" is disjunctive from "other body or authority-Since any Corporation also includes a corporation established by or under any law martial law order So. 40 of 1982 applies to a development plan undertaken by Dhaka Municipal Cor..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. ......re was absolutely no evidence to involve the other accused with the alleged robbery. 10. Regarding the confession of accused Forkan Ali it is true that as against the maker his confession can in law form the sole basis of his conviction but for that also the court must be satisfied and must bel..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. ......was disallowed but the defendant was permanently restrained from manufacturing and marketing the rest of the articles in suit so long as the copyright of the plaintiff over the same remains under the law. 7. Thereafter the defendant has preferred this appeal. The first point urged by Mr. Abdur ..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. ......sirul Islam, the learned Advocate appearing in support of the appeal having taken me through the judgment of the Courts below and the evidence on record, has urged that the Courts below erred in law in not considering that the dakhila Ext. B which clearly shows payment of rent by defendant to 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 ......documentary evidence produced by the defendants but he rejected them as collusive and fabricated and held that the defendants could not prove their title to the suit lands. I do not find any error of law in the finding of the court of appeal below that the plaintiffs have acquired good title in the ..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 ...... relied on the oral evidence of P.W. 2, exhibits 2, 6 series and 7 and a recital in the Kabala, exhibit-A. Mr. S.R. Pal in his short but incisive submission inexorably brought forth the errors of the law apparent on the face of the decision in arriving at the aforesaid finding which has turned the t..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. ......d. The suit premises, however, remained vacant and in possession of the plaintiff-respondents. Defendant-appellants in collusion with each other and ignoring the plaintiff’s protest and also the lawyer’s notice, wrongfully reconstructed new huts and houses on the premises and refused to deli..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. ......aid Maqsood Alam with regard to the premises in question. The said deed of lease is void. The execution of the said deed of lease is an act of forgery and it conferred on Maqsood Alam no title in law. The state sustained a wrongful loss of about Tk. 50.00.000/- thereby in addition to the loss by..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....procedure for trial with assessors was done away with. In that case it was contended that the accused had a vested right to be tried with the aid of assessors when it was committed on 6-6-63 when the amending law did not come into force. In that case their Lordships of the Supreme Court considered a...... started in the case on 16-3-1981 after framing of the charge and after the accused persons pleaded not guilty with the charge and claimed to be tried. According to Mr. Azizul Haque, section 4 of the law Reforms Ordinance contemplates that the trial should be held according to the old Code of Crimin..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. ......ssers bedside neither their predecessor nor they entered the premises wrongfully, and so their continuance in the premises will be that of a tenant by sufferance, which is a concept under the English law. It has been held further that such a tenant may be ejected at any time without demand of posses..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. ......Division of the Supreme Court of Bangladesh. The said deed of exchange dated 20-8-65 was declared to be a genuine document and the actions of the respondents were treated as arbitrary and without any lawful authority by the judgment of this Court in the writ petition No.653 of 1976 on 12th July, 197..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 ......s 'Kali Bari' was owned and possessed by Hemangini as a Shedait. 8. In Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli reported in AIR 1974 Calcutta 126 B.C. Mitra, J held that the law recognises the power of a shebait to alienate the debuttar property in particular circumstances,..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 ......ed Appellate Court the plaintiff has filed the 2nd appeal. 3. Mr. Latifur Rahman, the learned Advocate has appeared on behalf of the appellant. He submits that the lower appellate court erred in law in reversing the judgment and decree passed by the learned trial court without reversing his fin..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. ......lf of the plaintiff-appellant has urged that on the face of preponderance of evidence on record which he has referred to, in the course of his submission, the lower appellate court erred in law in not holding that the tenancy of the defendants was not annulled. 8. Mr. Md. Latifur Rahm..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. ......e paddy in question over which the apprehension arose as to breach of peace. The learned Magistrate further ordered that the first party will be in possession until or unless evicted in due course of law. The members of the second party were forbidden to disturb the possession of the first party in ..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. ......onsidered and re-assessed the entire evidence in second appeal as if it were a first appeal, whereas such re-assessment and reconsideration of evidence on a question on fact is strictly prohibited by law. The learned Counsel has argued that there was no illegality in the decision of the lower Appell..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. ......it under section 9, C.P.C., but more akin to the proceeding under section 115, C.P.C., that only those provisions of the C.P.C. which are procedural and not in the nature of the substantive law may apply and that those provisions laying down penalties for failure to comply with the provisi..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88