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Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)

....isions reported in 30 D.L.R. (HC) 244; 1970 P.L.D (SC) 460, 31 reports on Patent Cases 53; 33 Reports on Patent Cases 257 and 25 Reports on Pat­ent Cases 361. 6. Mr. Shafiqur Rahman, learned Advocate appearing on behalf of the plaintiff respondent in support of the judgment of the learned D......risdiction) Present: Sultan Hossain Khan J Anath Bandhu Saha & others…………………….…………Appellant Vs. M/S. Premier Soap Co. Ltd……………………&h......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135.   ......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135.   ..

Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7

H.N. Fabrics Ltd. Vs. Mallick Textile Indus­tries and others, 1985, 14 CLC (AD)

....1916 page1 (EB); Rossiter Vs. Miller 1878, 3 A.C.1124 Lord Blackburn; Hatzfeld-Wildenburg Vs. Alexander 1912 1 Ch. 284-288 AIR 1933 PC 31. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record—For the Petitioner. Rafiqul...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J  Chowdhury ATM Masud J H.N. Fabrics Ltd…………………………....Petitioner Vs. Mallick Textile Indus­tries and others.……..Respondents Judgment ...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126.   ...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126.   ..

Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

....e expiry of directory provision of time for disposal of the case, that admittedly on 26.12.82 the complainant and 4 other P.Ws. were present in Court and that irrespective of the fact that the senior Advocate of the complainant was absent while the junior Advocate who was present in Court was reluct......isional Jurisdiction) (Chittagong Bench) Present: F. H. Mohammed Habibur Rahman J Md. Abdul Jalil J Abu Taher and others......................................Petitioners Vs. Mst. Razia Begum and another..........................Opposite-Parties Judgment D......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18.   ......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18.   ..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)

....ings in the matter and that purpose of the appeal will also be frustrated. The respondent-petitioner appeared and filed a written objection against the said prayer for stay. After hearing the learned Advocates of both the parties, the learned District Judge by his order dated 11.8.84 was pleased to ......urt High Court Division (Barisal Bench) (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Habibur Rahman Talukder..............................Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment Dece......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ...... page 304; Dilumuddin Madbar and others Vs. Province of East Pakistan and others, 21 DLR at page 569. Lawyers Involved: Abdul Quaiyum with Moslem Ali Howlader Subodh Ranjan Dutta, and Tapan Kumar Chakraborty— For the Petitioner. Hemayetuddin Ahmed with Nurul Islam— For the..

Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

....1. That on 6-12-83 while the said Munsif-Magistrate was conducting criminal cases sitting in Court the U.N.O. Abdul Karim Sarker, Chilmari Upzilla, Kurigram sat by his side and uttered in presence of Advocates, Court sub-inspector and liti­gants present that the said Munsif-Magis­trate shoul......on (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J The State..................................................Appellant Vs. Abdul Karim Sarkar....................................Respondent Judgment Novembe...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ......his Court room while he was holding trial of a criminal case in presence of Mr. Nurul Islam, Advocate, Mr. Nurul Haque or Huda, G.R.O. and C.S.-in-charge, Mr. Abdul Awal, Bench Clerk (Criminal), Naba Kumar Mahanto, Court police, Abul Kalam Azad, Process Server and the litigant public with intent to ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)

....e trial the prosecution examined 9 witnesses and the defence none. The condem­ned prisoner was initially undefended at the time of trial. The learned Additional Sessions Judge appointed a learned Advocate as State defence. The learned Advocate, however, was allowed only one day's time to pre......Division (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J The State...........................................Petitioner Vs. Mosammat Mallika Khatun...................Respondent and Mosammat Mallika Khatun.......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53.   ......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53.   ..

Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

.... of appellants Emran Ali, Alkes & Firoz are believed to be true and voluntary then these confessions alone may form the sole basis of their conviction. 5. Mr. Akram Hossain Amin, the learned Advocate for the appellants in Criminal Appeal No.71 of 1984, has however submitted that Mr. M. A. W...... Division (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J Emran Ali @ Md. Emran & ors...................Appellants Vs. State.................................................Respondent Judgment Novembe......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ..

Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4

Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)

....ction on consider ration of the cardinal principle which empowers the Court to grant injunction. Thus I do not like to interfere with the order of injunction. 11. Mr. B.N. Chowdhury, the learned Advocate has filed an application under Order 1 Rule 10 of the Code of Civil Procedure for being add......urt High Court Division (Rangpur Bench) (Civil Revisional Jurisdiction) Present: Latifur Rahman J Dy. Secretary, Ministry of Commerce...................Petitioner Vs. Nizamuddin Haider...........................................Respondent Judgment ...... with­out any order as to cost. The stay of opera­tion of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ...... with­out any order as to cost. The stay of opera­tion of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2

Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)

....l Motion No.715 of 1983 rejected the prayer for referring the matter to this Court. Thereafter the accused petitioner Sabitri Rani Dey obtained this Rule on 23.1.84. 3. Mr. S.C. Das, the learned Advocate for the petitioner argues that under the provi­sions of Sub-section (5) of section 167 ...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sabitri Rani Dey.....................................Petitioner Vs. The State..........................................Respondent Judgment October 2......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97.     ......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97.     ..

Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1

Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)

....hy;tion of the appellant Zaheda Begum solely on her confessional statement Ext. 4. 8. The substance of the confessional statement has been set out earlier. Although Mr. Azizul Haque, the learned Advocate for the appellants, has forcefully submitted that the confession was self-exculpatory in na......ivision (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J Zaheda Bewa & anothers…...................Petitioner Vs. The State...........................................Respondent Judgment October 2....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ..

Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6

Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)

.... consideration of the evidence found the charge to have been proved against all the accused appellants and accordingly they were convicted and sentenced. 4. Mr. Abdul Momin Talukder, the learned Advocate for the appellants submitted that in view of the inordinate delay in lodging the F.I.R. wit......t High Court Division (Criminal Revisional Jurisdiction) Present: S. Muhammad Hussain J Amin-Ur Rahman Khan J Tayeb Ali & others. ...................Appellants Vs. State......................................Opposite parties Judgment Aug 29, 1984......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245   ......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245   ..

Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1

M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)

.... it is declared that Gannysons Limited is not an abandoned property. It should, therefore, be  immediately released…………(17)  Lawyers Involved: T.H. Khan, Senior Advocate (M. A. Wahab, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For ......adrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)

....alal Vs. Amthal Nandalal, AIR 1947 Bombay, 156; Municipal Corporation of greater Bombay Vs. Lal Panchm and others A.I.R. 1965 (SC) 1008. Lawyers Involved: Rafique Ul Huq, Senior Advocate (Aminul Huq, Advocate with him) instructed by Sharif-Uddin Chaklader Advocate-on-Record—......m CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nurul Islam..................................................Appellant Vs. Md. Abdur Rashid & ors..................................Respondents Judg...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32....... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32...

Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199

Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)

....ed by the defendants regarding their possession and other points but he accepted the evidence of P.Ws. regarding possession. 9. Mr. Abdul Mannan appearing with Mr. Momtazuddin Ahmed, the learned Advocates on behalf of the defendant No.1 appellant submits that the suit is not maintainable in the......) 357   ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357   ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357   ..

Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1

Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)

....de an absolutely wrong observation in respect of the submission of the engaged lawyer of the petitioner, in fixing 27.6.84 as the date for holding trial notwithstanding the fact that the said learned Advocate of the petitioner did not make any such submission before him. Moreover, the learned Advoca......ion (Sylhet Bench) (Criminal Revisional Jurisdiction) Present: Md. Abdur Rouf J Md. Abdul Muttalib J Arjuman Ali................................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judgment August 2, 1984...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1

Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)

....y and it does not entitle him to seek a negative declaration either in respect of the legal character or title to any property of any other person. 5. On the other hand Mr. P.K. Bose the learned Advocate for the opposite party submits that there is no bar in respect of negative declaration and ...... High Court Division (Rangpur Bench) (Civil Revisional Jurisdiction) Present: Amin-Ur-Rahman Khan J Bipin Chandra Ray...................................Petitioner Vs. Bunchuki Barmani.............................Opposite-Party Judgment July 31, 198......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......d thus gave a cause of action for this suit. 3. The defendant No.1 denied the case of the plaintiff and also denied the right and possession of the plaintiff in respect of the lands left by Pran Kumar. His case was that in his infancy he was adopted as son by Pran Kumar after observing all the ..

Category: Property Law | Date: 31 Jul, 1984 | Hits: 2

Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)

.... appeal the learned Subordinate Judge disbelieved plain­tiff's story and dismissed the suit. Being aggrieved the plaintiff preferred this Appeal. 4. Mr. Mostafa Niaz Muhamud, the learned Advocate for the appellant has taken me through the judgments of the Courts below. The learned Advoc......h Court Division (Chittagong Bench) (Original Appellate Jurisdiction) Present: Md. Altaf Hossain J Dula Meah....................................................Appellant Vs. Md. Ibrahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24,......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93.         ......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93.         ..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)

.... the question of possession and dismissed the suit simply on the ground of unmaintainability after setting aside the judgment and decree passed by the learned Munsif. Mr. Azizul Hoq, the learned Advocate for the appellants submitted that the learned Additional District Judge committed error of ......upreme Court High Court Division (Rangpur Bench) (Civil Appellate Jurisdiction) Present: Amin-Ur-Rahman Khan J Bazlur Rahman..............................Appellant Vs. Jan Mohammad.............................Respondent Judgment July 24, 1984. ......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79.     ......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79.     ..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)

....ss-examination. The learned Ex-Officio Sessions Judge convicted and sentenced accused appellant as aforesaid. Thereafter this appeal has been preferred. Mr. Siddique Ahmed Chowdhury, the learned Advocate for the appellant has argued that the trial in absentia in the present case has been illega......peal Jurisdiction) Present: F.H.M. Habibur Rah­man J S. Mohammed Ali J Kala Meah (Member)………………………Appellant Vs. The State........................................ Respondent Judgment July 22, 1......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..

Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1

Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)

....tion of the accused-appellant under Action 342 Cr. P.C. is one of innocence demanding trial. 3. The prosecution examined 7 witnesses while the defence examined none. Mr. Md. Abdur Rahim, learned Advocate for the defence has taken us through the evidence on record and the judgment delivered by t......ivision (Jessore Bench) (Criminal Appellate Jurisdiction) Present: A. Matin Khan Chowdhury J M. S. Ali J Tota @ Tofayzel Hossain...........................Appellant Vs. State.....................................................Respondent Judgment Jul......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ..

Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6