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Haque and Company Limited Vs. M/s. Western Soap Factory and others, 1990, 19 CLC (HCD)
....in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ......ed a mark for an entire class, and many years after registration, it is proved that he has never used the mark. in connection with a particular article in that class, though his business included the sale of that article under other trade‑marks, the register may be rectified, upon the application ......in favour of the respondent No. 1 is set aside and the Trade Mark Registry be rectified accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 304. ..Category: Intellectual Property Law | Date: | Hits: 219
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276....... to opposite party Nos. 1‑3, admittedly strangers, is dated 4‑10‑73. Pre‑emptor petitioner is the co‑sharer brother of the vendor opposite party No. 4. He claims that he came to know of the sale on 27‑9‑74 corresponding to 10th Bhadra, 1381 BS. He filed the Misc. Case on 17‑12‑74. ......old by the same transaction, the co‑sharer tenant must apply for pre‑emption in respect of "portions" or shares" of all the "holdings" sold. It was argued that if several holdings are sold by one deed of sale then in fact it was more than one kabala and therefore the pre‑emptor may ask for pre..Category: Property Law | Date: | Hits: 78
....of the Ferdous Tannery. So the plaintiff cannot go beyond the agreement executed by himself and the Govt. He further submits that at no point of time the plaintiff raised any objection as regards the execution of the deed of agreement.
14. In support of his submissions Dr. Zahir had drawn our att......y. It is further stated that the properties described in the schedule of the plaint are the assets of Ferdous Tannery, but all these had not been included in the schedule of the deed of agreement for sale executed between the parties on 25.8.78 and as such it was necessary for the plaintiff to obtai......ties of Ferdous Tannery. It is further stated that the properties described in the schedule of the plaint are the assets of Ferdous Tannery, but all these had not been included in the schedule of the deed of agreement for sale executed between the parties on 25.8.78 and as such it was necessary for ..
Category: Property Law | Date: | Hits: 73
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
.... clauses (a) to (d), the Court is satisfied, by affidavit or otherwise- (a) that the defendant, with intent to delay the plaintiff, or to avoid any process of the Court or to obstruct or delay the execution of any decree that may be passed against him‑ (i) has absconded or left the local lim......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
....al bar to the jurisdiction of the Civil Courts except that a Civil Court may entertain a suit on the question arising between the certificate holder and the certificate debtor relating to the making, execution, discharge or satisfaction of the certificate on the ground of fraud. Apart from this bar,...... declaration that the orders passed by the Certificate Officer, Chittagong, the Additional Deputy Commissioner (Rev.) Chittagong and the then Board of Revenue, East Pakistan setting aside the auction sales in pursuance of three certificate cases were void, illegal and without jurisdiction. The other....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....use alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation‑A threat to injure the re......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......trate, Dhaka. The complainant alleged that his wife Mrs. Hasina Morshed rented a shop for 2 years on and from 1.5.83 at a monthly rental of Taka 2,600.00 from the accused petitioner on the basis of a deed. The wife of the complainant ran a laundry and a pharmacy in the shop. On 23.8.85, the accusedâ..Category: Criminal Law | Date: | Hits: 59
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......e of Civil Procedure praying for temporary injunction restraining the defendants from making any pucca construction in the suit land until it is partitioned. It is their case that by three registered sale deeds they purchased 16 decimals of land in plot No. 811. The total area of the plot is more or......Civil Procedure praying for temporary injunction restraining the defendants from making any pucca construction in the suit land until it is partitioned. It is their case that by three registered sale deeds they purchased 16 decimals of land in plot No. 811. The total area of the plot is more or less..Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......plaintiff has based his claim. It is further submitted that Courts below misconstrued the document in which order of mutation was passed by the Co. (Rev.), the latest rent receipts and the registered sale deed between the parties and on wholly erroneous assumption of facts the Additional. District J......tiff has based his claim. It is further submitted that Courts below misconstrued the document in which order of mutation was passed by the Co. (Rev.), the latest rent receipts and the registered sale deed between the parties and on wholly erroneous assumption of facts the Additional. District Judge ..Category: Property Law | Date: | Hits: 60
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....hough not directly intended by all was taken by all of them commonly intended and thirdly, the act any of the confederates commits in order to avoid or remove any obstruction or resistance for proper execution of the common intention." Once the Criminal act becomes individual of the common intent......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......ct as if it were a decree of a civil Court of competent jurisdiction and the amount of compensation may, if the Government so directs in case of default in payment, also be recovered by distraint and sale of the inland ship concerned." 9. Relying on the above provisions of law Mr. Khondker submit...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......ia), 52. The Indian court in that case considered the question whether the appellants's claim for a writ of mandamus was tenable. The appellant was the highest bidder and his bid was accepted for the sale of liquor. The 4th respondent did not bid in the auction but went to Excise Commissioner behind......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....onsistent and made without application of Judicial mind. 4. It has been mentioned in annexure 'B' that subject to clause 5.1, the bidder shall take the entire liability of the Mills on the date of execution of the agreement as per book value of the Inventory Committee's Report. Clause 5.1 relates......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....hen the loanee failed to pay back the loan amount, the aforesaid Nabaddip for his own interest instituted mortgage Title Suit No. 506 of 1917 and obtained the decree in the said suit, put the same in execution by way of auction and purchased the suit property on public auction through the Court and ......s ultimately decreed on 25-11-1918 AD in favour of the plaintiff Nabaddip ChanÂdra Banik. Plaintiffs' further case is that Sree Nabaddip Chandra Banik purchased the entire mortgaged property and the sale certificate was issued in his favour on 20-7-1920 and the sale was duly confirmed by the execut......stant Judge, Sarail, Brahmanbaria in Title Suit No.16 of 1993. 2. Facts, in short, are that respondent Nos.1 and 2 as plaintiffs brought Title Suit No. 211 of 1981 for declaration that the alleged deed of gift is illegal, void and has been made upon false personation only to deprive the plaintiff..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
.... 15th January 1971 and duly executed the instruments of transfer of shares in favour of the petitioner. The instruments of transfer are marked as Annexure B series in this application. Soon after the execution of the aforesaid instruments of transfer by the said Mr. S Khurshid Anwar in favour of the......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....n District of Bakerganj (now the District of Bhola) granted settlement of these lands with the petitioner and others in Miscellaneous Case No. 274 of 1947. The petitioner and other lessees, after due execution of their respective Kabuilyats, entered into possession therein. While the petitioner and ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....part. There was a second appeal being No. 172 of 1961 to the High Court but the same was dismissed. Thereafter one Jasimuddin Pramanik, predecessor of Opposite Parties 1‑4, filed an application for execution of the decree. The petitioners filed an application objecting to the execution of the decr......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......ingly the owner of the suit property executed a power of attorney in favour of Mahtabuddin Ahmed, father of the plaintiffs‑opposite parties and subsequently the said constituted attorney executed 4 sale deeds on 11.11.84 in favour of the plaintiffs; thereafter the plaintiffs filed an application b...... the owner of the suit property executed a power of attorney in favour of Mahtabuddin Ahmed, father of the plaintiffs‑opposite parties and subsequently the said constituted attorney executed 4 sale deeds on 11.11.84 in favour of the plaintiffs; thereafter the plaintiffs filed an application before..Category: Property Law | Date: | Hits: 78
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......in the application for pre‑emption, also claims to be a contiguous land holder of the case land. He resisted the pre‑emption application by filing a written objection in which he claimed that the sale in question took place within the knowledge of the pre‑emptor, in fact, the latter was the go......ses. 8. Mr. BK Das, the learned Advocate for the pre‑emptee petitioner submits that the pre‑emption application is defective and premature as it was filed before the registration of the kabala deed and as such it is hit by section 60 of the Registration Act. He submits that the said kabala wa..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......a of 0.0932 acres of land by a registered kabala dated 24.3.64 and came into possession and had been possessing the same peacefully by mutating his name and paying all rents and taxes and that in the sale deed of the plaintiff the area of his purchased land was shown 0.081/4 acres but the boundary g......0.0932 acres of land by a registered kabala dated 24.3.64 and came into possession and had been possessing the same peacefully by mutating his name and paying all rents and taxes and that in the sale deed of the plaintiff the area of his purchased land was shown 0.081/4 acres but the boundary given ..Category: Property Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
....rved: “It could well be said that when section 254 confers appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution and statutory carries with it the duty in proper cases to make such orders for staying pro...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115....... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
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