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M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
.... Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Design and Trade Mark Cases) 69 (CA) in support of his submission. 9. In the aforecited case the facts are that in the beginning of 1973 the plaintiffs introduced on to the U.K. market a novel prod.................................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 Trade Mark Cases) 69 (CA) Lawyers Invol......ct. Allowing the appeal it was held by the Court of Appeal that the plaintiffs having consistently advertised and sold their product under the name "McCain Oven Chips", this was strong evidence that the name ''Oven Chips" was descriptive of the product and the name "..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....Since I do not find any material that in the instant case the two khatians were allowed to be prepared amicably by the co-sharers, in my opinion, the decision reported in 29 DLR is distinguishable on facts. Mr. S.K. Sinha, learned Advocate in support of his contention has also cited a decision repor......oint holding sub-section (3) of section 117 that that when an order under sub 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 pu......asked the learned Advocate for the petitioner produced the certified copy of the depositions of the witnesses. Since nothing has been mentioned in the judgments of the Courts below regarding the oral evidence of the parties, for my personal satisfaction I have perused the evidence of the witnesses o..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....-appellant preferred the First Miscellaneous Appeal against the aforesaid judgment and order of the learned District Judge. Dhaka dated 12-9-83 passed in Misc. Case No. 104 of 1983. 6. The short facts of the case are that the plaintiff-Al-haj Md. Ruhul Amin styling himself as the General Secret......lt: 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 and its scope, extent manner and forum are circumscribed by the statute which confer such right-Revi......w 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 new and important matter or evidence as referred to in rule 1 or the existence of a clerical or arithmetical mistake or error ap..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. ...... 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 it unless there were other evidence on which conviction could......tate 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 it unless there were other evidence on which convict..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. ......hmudul Islam with K. Z. Huq—For the Respondent. Appeal from Criminal Order No.512 of 1981. Judgment Mustafa Kamal J.- This Miscellaneous appeal is directed against judgment and order 31.08.1981 passed by Mr. M. I. Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 f......ies to show that he sold the bathroom fittings in question before 30.06.1980. He also produced Ext. B, i.e. Ball and also Ext. D which is a brass stand of a Ball Cock. 6. On consideration of the evidence on record the learned District Judge held that the plaintiff has no case insofar as his des..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
.... 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 having prompted the Court ...... Respondent. Appeal from Appellate Decree No. 693 of 1968. Judgment Anwarul Hoque Chowdhury J.- This appeal at the instance of the defendant Jaha Baksha Par, son of late Madhu Par and on the death of said appellant his heirs namely, Mozem Par, Ahmed Ali Par and Asmani Bibi is dir......ction and the suit is liable to be dismissed on these pleadings the parties brought out the suit. 4. The Court of first instance upon a consideration of the pleadings of the parties and the evidence on record, decreed the suit on a finding that the patta was in fact a mortgage deed and not..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....f the suit, the learned Subordinate Judge committed an error of law in affirming the decree of the trial court. The presumptive possession of the plaintiffs in the land on proof of their title in the facts of the case would be sufficient to discharge the onus of proving possession because presumptio......urt High Court Division (Civil Appellate Jurisdiction) Present: Sultan Hossain Khan J Md. Hossain Mia....................................Appellant Vs. Shujayatullah and others........................Respondents Judgment August 6, 1983. Result: T......it. On appeal the learned Subordinate Judge affirmed the decision of the trial court and dismissed the appeal. Hence this second appeal. 5. Both the courts below on consideration of all material evidence produced by the parties held that the rioyati of original owner Abdul Ali all along subsist..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 ...... This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......made absolute. Whether a Written Document Considered as Best Evidence When there was 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 we..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....e considering the question involved as to the applicability of section 108(e), it may be mentioned that the learned Subordinate Judge, after considering the evidence record, found the following facts, namely, the pucca house was not constructed by appellant No. 1, appellants had no legal clai......Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others....................................Appellants Vs. Abdus Sakur and others…..................................Respondents Judgment June 29, 198......ision that the entire subject-matter of the tenancy was destroyed by the accidental fire and whether the finding of the appellate court was an independent one based on proper consideration of the evidence on record and if not whether section 108(e) of the Transfer of Property Act was applicab..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
.... Sessions Case No.632 of 1981 pending in the 3rd Court, Additional Sessions Judge, Dhaka arising out of Petition Case No.98/A-1/81/485/81of the Court of Chief Metropolitan Magistrate Dhaka. 2. The facts necessary for the disposal of the Rule are that the opposite party No.1 Mr. K.M.J. Akbar, Comm...... & 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 DLR (AD) 120. Lawy......rosecution case, Cognizance has been taken against the accused petitioner U/Ss.193/207/448/403/467 of the Penal Code. 13. Section 193 of the Penal Code is in respect of giving or fabricating false evidence intentionally in any stage of a judicial proceeding. The facts narrated in the petiti..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....r section 281 of the old Code and the decision speaks that the Court constituted with less than 3 assessors or with more than 4 assessors would be illegal. This decision has got no application to the facts of the present case. The learned advocate has cited a decision reported in 10 DLR 61. That is ...... ...... case 9 witnesses were examined by the prosecution. Eye witnesses of the occurrence are P.W.1 Md. Abdul Khair Mia, P.W.3 Afzal Hossain, P.W.4 Abdul Mazid and P.W.5 Rahimuddin. We will now discuss the evidence of these witnesses. 8. P.W.1 Md. Abdul Khair Mia stated that on the day of occurrence,..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. ......……………………..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...... 30, 1975 and thus he has been carrying on the sweetmeat business in the suit premises under, the name and style of Lala Mistanna Bhandar. 6. The learned S.C.C. Judge upon a consideration of the evidence both oral and documentary found that there was relationship of landlord and tenant between ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
..... The plaintiff witnesses, however, stated that many people gave their offerings to the deity. 5. It is clear, there is no satisfactory evidence as to the making of the oral dedication. The facts, however, remain that there is deity in the suit property for about fifty years and the people......e Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli AIR 19......contended that the trial Court has wrongly shifted the burden of proof on the defendants to prove that the property was not a debuttar property. He has submitted further that there is no satisfactory evidence in support of the plaintiffs claim. He has particularly drawn our attention to the depositi..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. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......lower appellate court was perfectly justified in holding that the transfer in question was for the purpose of legal necessity. He further submits that in coming to his decision he has referred to the evidence on record and reversed the finding of the learned Munsif referring to the material on which..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
.... holding that the tenancy of the defendants was not annulled. 8. Mr. Md. Latifur Rahman, the learned Counsel appearing for the contesting respondent Nos.1 and 2 agitates that the finding of facts arrived at by the lower appellate court cannot be disturbed by the High Court Division in seco......man—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment M. S. Ali J. - This appeal preferred by the plaintiff Abdul Shaikh is directed against the judgment and decree dated 18.12.62 of the learned Subordinate Judge, Additional Court, Khulna in Title Appeal......e entire raiyati interests with the plaintiff free from all encumbrances as recited in the registered Kabuliyat dated 8-5-35 executed by the plaintiff. 6. The learned Munsif after discussing the evidence on record held: "defendants cannot say that their under tenancy was never annulled&quo..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. ...... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………......and manner a property is capable of being possessed. But the Magistrate in finding possession may incidentally enquire into the right of the parties to the property inquestion only to corroborate the evidence as to possession on record in favour of a party. This the Court can do on the presumption o..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....nt of law in dealing with this question upon the evidence." Needless to say, while there can be no question as to the soundness of this principle as laid down by the Privy Council, the facts of the case are different from that of the instant case, wherein a document of title has been ......howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy 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......ver its possession. He denied the plaintiff's title to the suit premises and particularly denied that he was inducted by plaintiff as a monthly tenant. 3. The trial Court on consideration of evidence found defendant No. 1 to be a monthly tenant of the plaintiff and that the tenancy was..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....ully conceded that he could not support the conviction on the basis of Ext.3 but feebly referred to other oral evidence of confession for finding the guilt of the accused. 22. Upon the aforesaid facts and circumstances there can be no escape from the conclusion that Ext.3 was a false and fabric......………………………………………State Judgment March 8, 1983. Result: The appeal is allowed and the reference is rejected. No Eye-Witnesses and No Direct or Circumstantial Evidence- Unpro......iled to prove the allegation of murder by any of the accused. On the other hand it was proved that the accused-appellants have been falsely implicated with the murder of deceased by fabricating false evidence including the fabricated and false statement of confession Ext.3. The court denounced ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"......ed in the aforesaid Rules and if the employer fails to produce those particulars and registers instantly to the Inspector, then that failure per se does not attract any penal provision. There must be evidence that the employer does not maintain those particulars and registers at all and that evidenc..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
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. ...... is also Reported in: 3 BLD (HCD) (1983) 284. ......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. ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
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