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Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)

....ul Islam with K. Z. Huq—For the Respondent. Appeal from Criminal Order No.512 of 1981. Judgment Mustafa Kamal J.- This Miscellaneous appeal is directed aga­inst judgment and order 31.08.1981 passed by Mr. M. I. Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 filed......lly bathroom fittings. He invented four designs to be used as bath­room fittings made of plastic. After invention he applied for registration of the same to the Controller of Patents and Designs, Government of the People's Republic of Bangladesh. He obtained registration and thereafter becam..

Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223

Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)

....ge and subsequent reconveyance, the patta itself would not establish the real intention of the parties and that being so the oral agreement would be admissible under section 92 of the Evidence Act in order to find out from the surrounding circumstances the real intention of the parties to the contra......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)

....ossession because presumption is an inference as to existence of a fact from the existence of some other 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)

..... Ruhul Amin—For Opposite party No.2 Title Appeal No. 171/78 Judgment A. T. M. Afzal J. - This Rule, at the instance of the defendants 5-7, is directed against the judgment & orders dated March 27, 1979 passed by the learned Addl. District Judge, 2nd Court Comillain Title Ap......tainability of the application at the instance of the present petitioners who were lessees under the Govt. in respect of the suit land. The learned Advocate submitted that since the Custodian and the Government principal-defendants 1 and 8, did not move against the impugned decree and rather accepte..

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

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

....overned by the princi­ples of general law. 14. Mr. Khondker vehemently argued against the reference to general principles of law upon which the learned Judges are seen to have relied upon in order to negative the appellant’s contentions. The controversy was raised as to whether the provi....... 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)

....on bail on 30.5.81 the complainant opposite party No.1 filed an application for inclusion of section 467 of the Penal Code in the petition of complaint. The learned Magistrate allo­wed the prayer by order dated 2.781 on 28.10.81 the records of the case were sent to the Court of Sessions for trial. ......o­site-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corpo­ration Vs. Masood Raza and others, 30 DLR (SC) 169, Government of Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawyers Involved: Hamidul Huq ..

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

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

.... Ali, Md. Altafur Rahman, & Malik Syed Ahmed Advocates— For the State. Criminal Appeal No. 113 of 1981. Judgment Latifur Rahman J. — This appeal is directed against the order of conviction and sentence passed against the 5(five.) appellants by the Additional Sessions J......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)

....D.W. 1 and that of D.W.2 who sought to prove the aforesaid documents. I am satisfied that the alleged istifanama and Ekrarnama Ext. A and B were created during the pendency of the suit collusively in order to put up a defence on behalf of the petitioner. It is not necessary to make further comment i...... 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)

....s issued calling upon the opposite parties to show cause as to why they should not be prosecuted or proceeded against for committing contempt of Court for disobeying and disregarding the judgment and order of this Court passed in Writ petitions No.653 of 1976 and 627 of 1980. 2. In pursuance of......of this Court passed in Writ petitions No.653 of 1976 and 627 of 1980. 2. In pursuance of the issuance of this contempt Rule, the Secretary, Ministry of Land Administration and Land Reforms, the Government of the Peoples' Republic of Bangladesh, Mr. Azizur Rahman, Deputy Commissioner, Rajsh..

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

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

.... 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      ...... is that Hemangini executed a will on 24.5.54 in favour of Charu Bala Sarkar who probated the same in Probate Case No. 74 of 1964 from the District Delegate, Manikganj and got her name mutated in the Government sherista and paid rents for the suit land as her own property. On 2.10.69 defendant No. 3..

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

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

....ssity in respect of the transfer in question being based on evidence on material on record 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 ......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 ..

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

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

....f the Evidence Act, it is an error of law or procedure, which has been unfortunately committed by the lower appellate court in the instant case. In the result, this appeal is allowed without any order as to costs. The judgment and decree of the lower appellate court are set aside and those of t......gd. kabuliyat dated 25th Baishak, 1342 B.S. corresponding to 8.5.35 at a rental of Rs. 6-5 anas. Since then he has been in possession of the land on payment of rent for which he got dakhilas from the Government. The defendants constructed 3 huts of golpata in Asar, 1367 B.S. on 10 decimals of land a..

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

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

.... of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was in possession at the relevant time. This is for the Civil Court to decide. In order to find out actual possession on the day of the dispute, the Magistrate must not find possessi...... 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)

....ner, but it is diffi­cult to accept such plea because of the fact that the act was done deliberately. There is no doubt that the contemner has shown gross disregard and utter contempt towards the order of the Sessions Judge. Since under the new dispensation of the present Government the Magistra......e act was done deliberately. There is no doubt that the contemner has shown gross disregard and utter contempt towards the order of the Sessions Judge. Since under the new dispensation of the present Government the Magistracy has been vested with wider responsibility and accountability in the ad­..

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

Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....he Appellant. Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record - For the Respondents. Civil Appeal No. 62 of 1982. (From the judgment and order dated 9-6-81 passed by the High Court Division in Second Appeal No. 5 of 1968.) Judgment ......from consideration by the lower Appellate Court taking the view that these are provisional receipts and that they carry little weight in that "any person interested in a land may pay rent to the Government Acquired Estate". This view is erroneous, for rent-receipts, though not no documents..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)

....tate. Criminal Appeal No. 252 of 1981 and Death Reference No. 6 of 1981. Judgment Amin-Ur-Rahman Khan J. — This appeal by the 6 accused-persons directed against the Judgment and order of the Additional Sessions Judge, 1st Court, Rangpur convicting and sentencing them to suffer ......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ..

Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4

Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)

....ts. Writ Petition No. 529 of 1980. Judgment Fazle Hossain Mohammad Habibur Rahman J.- This is an application under section 82 of the Civil Procedure Code for reporting the case for the order of the Government. 2. Section 82 of the Civil Procedure Code reads as follows:- &qu......sion (Special Original Jurisdiction) Present: FHM Habibur Rah­man J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. ..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....ovisions of P.O. No.26 of 1972, as amended upto date, and has argued that as the Board of Directors of the Sonali Bank is appointed by the Government as the Board is guided by such general or special order as the Government may give it from time to time, as the officers and employees of the bank may......1) KB 18. Lawyers Involved: Matiur Rahman, Assistant Attorney General— For the State-Appellant. Asrarul Hossain with Abdul Azim, Advocates— For the Accused Respondent. Government Appeal No. F of 1981. Judgment Mustafa Kamal J.— This appeal against ac..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

....y. Civil Revision No. 806 of 1979. Judgment Abdul Matin Khan Chowdhury J. — This rule was issued calling upon the Deputy Commissioner, Jessore to show cause why the judgment and order passed by the learned Subordinate Judge, Jessore on 18-6-79 in Misc. Appeal No.6/79 affirming ......isdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh………………………&hel..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

....zaman, Advocate, instructed by Md. Aftab Hossain, Advocate-on Record - For the Respon­dent No. 1. Criminal Miscellaneous Petition No. 8 of 1982 (Contempt Matter). (From the judgment and order dated 13 July, 1982 passed by the Appellate Division in Civil Appeals Nos. 63, 64 and 65 of 19...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132