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Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ...... Abdul Wadud Bhuiyan, Additional Attorney General—Amicus Ciiriae. Appeal from Appellate Decree No. 313 of 1978. Judgment Mustafa Kamal J. — This second Appeal raises the question of the legal status of the employees appointed by the District Councils, later District Boa......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71 ..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ...... 9. The learned Deputy Attorney General appearing on behalf of the State argues that section 34 of the Special Powers Act has put a bar on the jurisdiction of this Court or any other Court to call in question any order made, direction issued or proceeding taken under the Special Powers Act. He furth......rned judge was justified in acquitting the accused respondents ................Further investigation, taking the letters Ext. I, II, and III as clues may lead to surprising discoveries and may reveal facts sufficient enough to fix the responsibilities for this murder. With that hope I intend to send..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ......ubordinate Judge, Khulna after hearing the parties by his order dated 6.6.1981, found that the Court at Khulna was competent to entertain the case and grant the Succession certificate by deciding the question of jurisdiction in favour of the opposite party. The prayer for the examination of the...... much arguments had been advanced at the bar, the point however is simple and it is whether the court at Khulna had jurisdiction to entertain a petition under Section 371 of the Succession Act in the facts of the case and whether in holding so in the affirmative the court had acted illegally in exer..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......he omission on the part of P.W. 2 Dalilur Rahman to specifically tell the Investigating Officer that appellant Nazimuddin had caught hold of the deceased cannot be said to be material. In is merely a question of detail of the manner of occurrence. In is not that he is implicating accused Nazimuddin ......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......being already there between the parties over the same subject matter in which an order of injunction was already passed requiring the parties to maintain status quo it was held that the proceeding in question was bad in law and accordingly quashed. 5. Mr. Fazlul Karim. learned Advocate for......the proceeding under the aforesaid section drawn up by the learned Sub-Divisional Magistrate, Sadar (South), Comilla by his order dated 29.3.83 in P.R. No.1140 (A)/8 IE R. No.79 (A)/82. 2. Short facts of the case are that the 1st party-petitioner filed a petition before the Additional District ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......t of the Court. One view that may be taken on the Admiralty Suit No. 12 of 1983 is that since the said suit was never admitted and registered after hearing the learned Advocate for the plaintiff, the question of giving leave to withdraw the suit also does not arise and therefore this application for......under Order 47 rule 4 sub-role (2), proviso (a) the defendants are in law entitled to a notice of the review application or not. 7. Dr. Kamal Hossain submits that the defendants in the facts and circumstances of the present case are not entitled to a notice of the review application b..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ......bling the parties to include all the properties jointly held by the plaintiffs and the defendants within the hotchpotch of the partition suit, the trial Court wrongly dismissed such suit. 4. The question now raised is whether the lower appellate Court rightly decreed the suit when admittedly al......d the plaintiffs to institute the present partition suit for the allocation of the remaining six plots of lands in Khatian No. 25 between the plaintiffs and the defendants. 6. From the foregoing facts and circumstances of the case, it would clearly appear that it is an admitted fact and co..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
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 ......raph of the design of the biscuit of the defendant is contained in schedule 'D' of the plaint. Prima facie the biscuits are of different shapes and configurations and as such in this case the question of imitating the Design of the biscuit itself and infringing the Design of the plaintiff do...... McCain 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 1970 the plaintiffs introduced on to the U.K. market a novel prod..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 ...... Amjad Hossain 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 dism......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 ..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. ......raph of the design of the biscuit of the defendant is contained in schedule 'D' of the plaint. Prima facie the biscuits are of different shapes and configurations and as such in this case the question of imitating the Design of the biscuit itself and infringing the Design of the plaintiff do...... 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..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....t be doubt, of course, whenever all the co-sharers of the original C.S. Khatian amicably, split up the jama for the purpose of facilitating payment of land revenue, that can be construed as very much identical to the amicable partition amongst such co-sharers. In such a case by their conduct amongst......pp. Party No.1 in all the three Rules. Civil Rev. Nos. 497, 498 and 500 of 1981 Judgment Md. Abdur Rouf J.- These three Rules have been obtained by the pre-emptor-petitioner calling in question the judgment and order dated 27.12.80 by the learned Subordinate Judge, Noakhali in Miscell......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..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
.... advanced from the Bar. 27. Order 47, rules 1 and 2 are reproductions of sections 623 and 624 of the Civil Procedure Code, 1882. Section 623 was identical to Order 47, rule 1 and Section 624 was identical to Order 47, rule&nb......table there was no error of law apparent on the face of the judgment for the omission of the learned District judge to discuss the implications of Martial Law Order No. 40 of 1982. 14. Since the question on jurisdiction revolves round the point as to whether there was any error of law apparent ......-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..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
..... Latif, is that he has not counterfeited, imitated or pirated any design of the plaintiff. His specific defence with regard to the low level Ball Cock is that the design of the plaintiff is not identical with the defendant's design. The plaintiff took registration of the Ball portion ......d by the defendant himself as Ext. C. I am not referring to the commode seat cover for reasons to be stated later on. Defendant proved Ext. C series 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 stan...... 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)
....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. ......s in Pari delicto but when the minds did never meet but were in poles apart, initially in executing a document and one is misled as to the effect agreed to be given to the contract and its terms, the question of their being in Pari delicto would not arise. 13. Thus, if parties having entered in...... 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 ..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 ......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 ......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..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 ......ayed for lease which was granted to them by defendant No. 2. The order dated 4.3.75 passed in E.P. Case No. 230 of 1973-74 was thus legal and valid. 4. Upon the pleadings of the parties the main question which arose for consideration was whether Kali Prasanna, father of the plaintiff, obtained ......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)
..... 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 that the High Court Division, on an independent and elaborate consideration of the evidence on record, both oral and documentary, specifically recorded the findings that the pucca house in question was not constructed by the appellant No.1, appellants were monthly tenants in respect of k......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..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. ......e premises were occupied by certain miscreants. They were ousted by the Naval Headquarters. The premises were repaired and made habitable by the Naval Headquarters at state expense. The premises in question were listed as an abandoned property and had vested in the state under article 4 to P.O. ...... 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..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. ......with the aid of assessors. In this case, it is not disputed that the records were transmitted to the Court of sessions on 15-6-77 and the Law Reforms Ordinance came into being on 1-6-79. The material question for consideration is when actually the trial started. By mere pendency of the case before t......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 ..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. ...... not under the plaintiff and the petitioner's further case is that his father surrendered his tenancy to Matinuddin Ahmed 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 und...... 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
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