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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 ......tition is a rule of equity and which could be relaxed when a partition might be necesesary for ends of justice and without causing any prejudice to any party. A rule of equity as opposed to a rule of law shall be applied on the convenience of the parties concerned and may be relaxed from time to tim..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 ......hat the 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: 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 ......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)
....e modified record-of-right. Nothing transpires either from the evidence of the parties or from the judgments of the Courts below that those khatians have been finally published and accepted under the provisions of State Acquisition and Tenancy Act as final. There are two provisions under the State A......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)
....'s written objection was that the application for review filed with the successor District judge, Dhaka is not maintainable under Order 47 rule 2 C.P.C. Secondly, the application of the provisions of Martial Law Order No. 40 of 1982 in the instant case is a debatable point, because the......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)
....gaged. It was thus bad in law. He has further urged that the patta Ext. A clearly shows that the transaction was a lease and not a mortgage but inspite of that the Court in violation of the provisions of section 92 of the Evidence Act had admitted the oral evidence to vary the terms of the......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)
....order has been made. Mr. Pal's submissions provides complete to answer to the objection raised by the learned Advocate for the plaintiff-opposite party. Even otherwise, there is no reason why the provisions in case of an appeal should not apply on principle in case of revision. Order 41, rule&nb...... 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)
....ct-matter of the lease. The Contract Act, 1872 (IX of 1872), Section 56 Doctrine of frustration of contract is applicable to leases of immovable property in case when the provision of section 108 (e) of the Transfer of Property Act cannot be attracted …………….(22......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)
.... all the authorities charged with the supervision and maintenance of Cantonment lands and buildings that the premises in question is an abandoned property, then there is sufficient scope within the provisions of P.O.No.16 of 1972 and the Rules framed thereunder for taking necessary and appropriate......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)
....aks that any appeal, application, trial, enquiry or investigation which was pending immediately before such amendment takes effect shall be contained, held, made or disposed of in accordance with the provision of the said Code as was in force before such amendment as if no such amendment has been ma...... 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)
....estion of tide was raised with regard to the disputed premises, the S.C.C. Judge had no jurisdiction to try the suit under the S.C.C. Act. The learned Advocate. However, could not point either to any provision of law or authority in support of his contention that a question as to title can never be ......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)
.... the founder and no court can sanction it. 10. If the defendant's deed of exchange is allowed to take effect then there will be an end to the worship of the deity in question. As there is no provision in the deed of exchange that the worship of the deity would be continued in the exchanged ......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)
....ta Law Journal at page 512 and another, of the Appellate Division of the Supreme Court of Bangladesh, Nirode Baran Vs. Devendra Mohan reported in B.C.R. 309 (AD) in support of his contention that the provision of section 167 of the Bengal Tenancy Act has not been complied with in the instant case. T......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)
....been used for the commission of the offence. Sub-section 4 of section 517 of the Code of Criminal Procedure further provides that it would be competent for the Court to deliver any property under the provisions of Subsection (1) of section 517 to any person claiming to be entitled to the posses......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
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