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M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)

....d the Copyright of "Mr. Cookie Butter Coconut" biscuit carton on 18.9.80 from the Registrar of Copyright, Government of Bangladesh. 7. In this appeal Mr. Abdur Rashid Khan, the learned Advocate for the defendant-appellant has taken me through the two cartons of the plaintiff and the d......nbsp;   ......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       ......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       ..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12

Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)

....-76 and the learned Subordinate Judge directed the defendant No. 1 to produce the said records but the same was not complied with it was further stated in the application that Mr. A.P. Sen the senior Advocate who was in charge of the case left Khulna in connection with his own personal affairs and o......igh Court Division (Civil Revisional Jurisdiction) Present: A. Matin Khan Chowdhury J Anwarul Hoque Chowdhury J Debabarta Chatterjee...........................Petitioner Vs. Md. Munsur Ali & others........................Opposite parties Judgment Octo......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   ......raud and material irregularity in publishing and conducting sale. Plaintiffs' case was that late Sreemonta Chatterjee died in Jaistha 1344 B.S. leaving the plaintiffs No.1 and 2 as sons and Sarat Kumari Debi as his widow. Sreemonta Chatterjee constructed a two storied building on the suit land a..

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)

....opyright of "Mr. Cookie Butter Coconut'' biscuit carton on 18.09.1980 from the Registrar of Copyright, Government of Bangladesh. 7. In this appeal Mr. Abdur Rashid Khan, the learned Advocate for the defen­dant-appellant has taken me through the two cartons of the plaintiff and ...... ......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. ......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. ..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290

Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)

....parated into two khatians and the disputed land having been recorded in the new khatian No. 845, the petitioner is not a co-sharer in respect of the disputed land. 6. Mr. S.K. Sinha, the learned Advocate appearing for the petitioners has raised two points for all the three Rules. Firstly, that ......nbsp; ......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193     ......ase of the petitioner in all the three miscellaneous cases is that be is the co-sharer by inheritance in C.S. Khatian No. 803 of mouza Chandpur and lands recorded therein originally belonged to Shall Kumar, Kali Kumar, Krishna Chandra, Raj Kumar, Nakshatra and Sharoda and that he is the son of Krish..

Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2

Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)

....grounds the learned successor District Judge allowed Miscellaneous case No. 104 of 1983 and dismissed the Miscellaneous Appeal No. 248 of 1983. 13. In this appeal Mr. Mahmudul Islam, the learned Advocate for the Plaintiff-appellant has directed his submissions against the impugned judgment and ......nbsp; ......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1.       ......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1.       ..

Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1

Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)

....used only in support of other evidence and cannot be made the foundation of the conviction…………………….(9) Lawyers Involved: Abdul Majid, Advocate— For the Appellants. Md. Marfat Ali, Advocate with Altafur Rahman, Advocate&mdas......Latifur Rahman J Amin-ur-Rahman Khan J   Safar Ali & others………………………………….Appellants Vs. The State…………………………&h......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. ......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. ..

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. ......in: 36 DLR (1984) 59. ...... 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. ...... 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)

....ntract. It would not be a case to vary the terms as such but a case of misrepresentation as contemplated under Proviso 1 and 6 to Section 92 of the Evidence Act. Hence, it is contended by the learned Advocate for the appellant that the Courts below did not act illegally in admitting the oral evidenc...... High Court Division (Jessore Bench) (Civil Appellate Jurisdiction) Present: Anwarul Hoque Chowdhury J Jaha Baksha Par.....................................Appellant Vs. Fazle Karim Biswas & others.....................Respondent Judgment August 2......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.   ......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.   ..

Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4

Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)

....ther party can prove either's possession in the suit land the plaintiffs having title to the suit land will be regarded as having possession therein”. 7. Mr. Faruque Ahmed, the learned Advocate appearing on behalf of the defendant-appellants has submitted that in the absence of a posi......   ......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   ..

Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2

Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)

.... & without jurisdiction. Being aggrieved by the decision passed in appeal, the petitioners have obtained the present Rule. 5. At the hearing of the Rule, Mr. B. B. Roy Chowdhury learned Advocate for the plaintiff-Opposite party No.1 raised a preliminary objection as to the maintainabil......   ......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   ......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: A. T. M. Afzal J Gouranga Chandra Banik & others................Petitioner Vs. Sanjib Kumar Banik & others........................opposite Parties Judgment July 6, 1983. ..

Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3

Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)

.... Manot and Co., 64 CWN 932; Abdul Mutaleb Vs. Razia Begum, (1970) 22 DLR SC 134; National Carriers Ltd. Vs. Panalpina, (1981) 2 WLR 45. Lawyers Involved: M. H. Khondker, Senior Advocate instructed by A. F. Hasan Arif, Advocate-on-Record-For the Appellants. Kamal Ho......der Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others....................................Appellants Vs. Abdus Sakur and others…..................................Respondents Judgme....... 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.   ....... 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.   ..

Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243

Maqsood Alam Vs. KMJ Akbar, Com­modore & others, 1983, 12 CLC (HCD)

....s complex all hired houses will be delivered and handed over to the respective landlords. 5. The petitioner further alleges in his petition that the opposite party No.1 Mr. Dewan Abdul Aziz Ahmed, Advocate, was the then Judge Advocate General of Bangla­desh Navy and he was allotted a portion of ......ision (Dhaka Bench) (Criminal Revisional jurisdiction) Present: Mohammad Habibur Rahman J Mustafa Kamal J Maqsood Alam…………………………………………Petitioner Vs. K.M.J. Akbar, Com­modore & others……………..Oppo­site-party Judgment May 23, 19......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. ......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. ..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)

....ay 12, 1983. Result: The Appeal is dismissed. Cases Referred to- 6 DLR Dacca 647; 10 DLR 61; 19 DLR (SC) 241. Lawyers Involved: Azizul Haque with Abu Ferdous Md. Sayeed, Advocates— For the Appellants. Sultan Ahmed, Deputy Attorney General with Md. Marfat Ali,......ate Jurisdiction) Present: Latifur Rahman J Amin-Ur-Rahman Khan J Mahitullah Pk and others………………………Appellants Vs. The State…………………………&h......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277.         ......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277.         ..

Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2

Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)

....s 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 the Petitioner. Azizur Rahman Chowdhury with MA Mannan, Advocate— For......ATM Afzal J Banu Gopal Lala…………………………………………………Petitioner Vs. Hajee Abdul Hamid Khan & others…………………...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274.             ...... 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

Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)

....hellip;…………………….Contemners Judgment May 5, 1983. Result: The Rule is discharged. Lawyers Involved: Md. Ansar Ali, Advocate with Md. Marfat Ali, Basiruddin Miah and Younus Ali, Advocates— For the Petitioners. ......-ur-Rahman Khan J Khalilur Rahman……………………………………………….Petitioner Vs. Mr. Jamsed Ali & others……………………......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. ......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. ..

Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1

Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)

....ile the suit. Points for determination in this appeal are; (a) Whether the suit property is debuttar property? (b) Whether the suit is time barred? 4. Mr. Shafiqur Rahman, learned Advocate appearing on behalf of the appellants has contended that the trial Court has wrongly shifte......reme Court High Court Division (Civil Appellate Jurisdiction) Present: A. Wadud Chowdhury J M.H. Rahman J Anil Kumar Sarker & others..................Appellants Vs. Sree Sree Kalimata Bigraha.................Respondent Judgment April 14, 1983. ...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47      ......36 DLR (1984) (HCD) 47      ..

Category: Property Law | Date: 4 Apr, 1983 | Hits: 4

Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)

....d Munsif was set aside. Being dissatisfied with the said judgment and decree passed by the learned 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......(1984) (HCD) 78 ......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 ......legal necessity. Now the whole question is whether the said sale was for legal necessity or not. In this connection reference may be made to the case reported in 29 DLR page 6 in the case of Mohendra Kumar Roy and others vs. Akbar Molla and others. It was held :- “Recital in the document ..

Category: Property Law | Date: 23 Mar, 1983 | Hits: 3

Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)

....iff has not been proved and that shows that the koifa of the defendants does not stand disturbed and shall be deemed to have been continuing as before." 7. Mr. Sk. Razzaque Ali, the learned Advocate appearing on behalf of the plain­tiff-appellant has urged that on the face of preponder......Bench) (Civil Appellate Jurisdiction) Present: M. S. Ali J Md. Shahadat Hossain & others………………………Appellant Vs. Kohiladdi Shaikh & others…………………&helli......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126.   ......sne profit. Out of 7 defendants only defendant No.1 and 2 contested the suit and they are the contesting respondents before this court. 3. Briefly stated the plaintiffs' case is that Hemanta Kumar Ghosh and others, the land­lords purchased in auction the raiyati interest of one Golam Al..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3

Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)

....& 8) Cases Referred to- 30 DLR Dacca at page 4; AIR 1942 Nagpure; AIR 1930 Oudh 165; 2 Bombay Law Report page 84; AIR 1924 Bombay page 527. Lawyers Involved: Md. Abdus Sobhan, Advocate— For the Petitioner. MA Aziz, Advocate— For the Opposite Party. Crim......urisdiction) Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others……………………&...... 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.         ...... 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.         ..

Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1

The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)

....annot be treated lightly………………..(2) Lawyers Involved: Sultan Ahmed, Deputy Attorney General— For the State. Amin Azahar and Azizul Hasan Advocates— For the Contemner. Criminal Miscellaneous No. 14 of 1983. Judgment ...... SM Husain J Amin-ur Rahman Khan J The State…………………………………………State Vs. Mr. M.A. Wadud………………………&hell......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95.     ......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95.     ..

Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2