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Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....the defendant to desist from his illegal acts, with no effect. The plaintiff, therefore, prayed for a decree for permanent injunction restraining the defendant, his servant and agents to produce any plastic articles consisting of any designs as shown in schedule of the plaint. 3. The first......se u/s 47(1) of the said Act the registered proprietor of a design shall have the right in the design during 5 years from the date of registration. Under section 53(1) of the said Act it shall not be lawful for any person during the existence of copyright in any design to make any obvious imita..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....urt 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,......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
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....t was never annulled and they have been continuously in possession of the suit land althrough. 5. The main point for consideration before the courts below was whether the plaintiff had any right, title, interest and possession in the suit land comprising 10 decimals of south......of the Code of Civil Procedure, "The High Court can give a finding which has not been given by the lower appellate court on the evidence on record: interference on that ground will be quite lawful". Erfan Ali Vs. Joinal Abedin Mia 1983 BLD (AD) 342, para 14. Further the Appellate Divi..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....as 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 possession on the basis of any alleged title or right to possess but on the basis of possession alone to the extent and manner ......te parties, being the first party in the proceeding was competent and it was passed legally in exercise of the power conferred on the said Magistrate by law and the said order having been passed with lawful authority and not erroneously or without lawful authority no revisional application would lie..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....olenur & others…………… Respondent Judgment March 9, 1983. Result: The appeal is dismissed. Cases Referred to- Midnapur Zamindary Company Vs. Uma Charan, AIR 1923 PC 187; Durga Chowdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazi......ding of its own on a question of fact, but the High Court can give a finding which has not been given by the lower appellate court on the evidence on record; interference on that ground will be quite lawful. After all, every case must be decided on the facts and circumstances of that case keeping in..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....s, five annas and five annas respectively in life interest and on their death their heirs would accordingly have life interest in the said shares. The beneficiaries under the Will were not given any right to transfer the property in any way. Mohendra was however appointed an executor named in t......nst the trustee as owner of the trust property;" 21. Section 4 speaks about the purpose for which a trust may be created. Section runs as follows:- "A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of suc..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....of the aforesaid contention, let us consider the language of section 144 of the Code of Civil Procedure which runs as follow:- "Where and in so far as a decree is varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for......Since the defendants have been thrown out of possession by the decree which has been set aside we arc of the view that the suit should be disposed of as expeditiously as possible after providing lawful opportunities to the parties. We do not see any justification in prolonging the litigation ov..Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
....12.12.70, passed by the Sub-Divisional Officer, Jamalpur, in Case No. 56-EP/70-71, purporting to take possession of part of C.S. Plot No 14, Khatian No. 22 of Mouza Narayanpur had been passed without any lawful authority and was of no legal effect.
5. It is the petitioner's case that he alo......2.70, passed by the Sub-Divisional Officer, Jamalpur, in Case No. 56-EP/70-71, purporting to take possession of part of C.S. Plot No 14, Khatian No. 22 of Mouza Narayanpur had been passed without any lawful authority and was of no legal effect.
5. It is the petitioner's case that he along w..
Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
....6.10.78 under Martial Law Regulation No. 12 No. 1 of 1975 at 2-15 P.M. and no order of the Hon'ble High Court With regard to stay of further proceedings in the aforesaid case was shown to him nor any bail petition was moved before him. He further stated that he left the Court premises at 2-20 P.......dents to show cause as to why the lodging of the F.I.R. of the said Sherpur P.S. Case No.14 dated 26.10.78 under MLR 12 of 1975 against the petitioner should not be declared to have been made without lawful authority and is of no legal effect. While issuing the Rule the court stayed all further proc..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....y were not paid out of the State Treasury— Under the statutory rules the Chairman of the Local Parishad was the appointing authority and an employee of the council —In the absence of any statutory rule and regulation relating to power of appointment and dismissal of the Zilla Board ......Zilla Board employees engaged in projects of works programme the dismissal of the petitioners from their services by the Chairman of Zilla Board cannot be said to have been made illegally and without lawful authority. The Local Council Servants (Efficiency and Discipline) Rules, 1968 is applicable i..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....le, the Head Master of the Sylhet Government Pilot High School was directed by the Education Directorate to deliver possession of the hostel premises to the petitioner after shifting the boarders, if any, to the school building (Annexure F.) But upon consideration of the representation of the Head M......ernment for maintaining his rightful possession, he was instead illegally dispossessed by the Government officers themselves. This is an unheard of case where the Government instead of protecting the lawful rights and possession of the petitioner threw him out of possession of his legally acquired p..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
.... Hon'ble Vice-President with immediate effect: 2. Under rules of Business, 1975 Chapter II6 (iii)(b) Cases involving a conflict between a proposed direction from a Ministry/Division and any earlier direction from another Ministry/division. 3. Chapter IV/16(6) Constitution, composi......se of the rule to go into the allegations of malafide and other grounds urged on be half of the petitioner. We accordingly declare the impugned order dated 7.1.82 suspending the petitioner as without lawful authority and of no legal effect. In the result, the rule is made absolute but in the fa..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....sion of the garden in 1975 and the learned Assistant Attorney General had no answer as to how the government could re-enter and take possession without the intervention of the court. Viewed from any stand point, it must be held that the impugned action of the government was illegal and wit......ral. 3. The petitioners in the Rule has although maintained that they had a valid lease for the tea garden in question and that is was taken over by the government illegally and without any lawful authority whereas the government tried to make out a case in their affidavit-in-oppositi..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....rney General. 2. The petitioner in the Rule have although maintained that they had a valid lease for the Tea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in oppositio...... General. 2. The petitioner in the Rule have although maintained that they had a valid lease for the Tea Garden in question and that it was taken over by the Government Illegally and without any lawful authority whereat the Government tried to make out a case in their affidavit in opposition th..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... of the Government of Bangladesh and it Was published in Bangladesh Gazette extraordinary on 24th December, 1979. Rule 2 of the aforesaid Rules says that these Rules shall have effect notwithstanding anything contained in any other rules, orders or instructions relating to seniority or other conditi......ants (Seniority of Freedom Fighters) Rules, 1979. In such circumstances, there is every possibility and probability of such selection being made wrongly in an arbitrary manner by a person without any lawful authority leading to discrimination against innocent government servants, if not against genu..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
....74) was violative of the fundamental rights guaranteed by Articles 27 and 29 as also 135 of the Constitution and as such should be declared as illegal and passed without any lawful authority. The petitioner further stated that after he received the notice in June 1980 h......was violative of the fundamental rights guaranteed by Articles 27 and 29 as also 135 of the Constitution and as such should be declared as illegal and passed without any lawful authority. The petitioner further stated that after he received the notice in June 1980 he ma..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
.... Coram non judice and malafide— The jurisdiction of the High Court Division in an application in the nature of Habeas Corpus is to see if a person in custody is there in pursuance of any lawful authority and when a person is serving out an order of sentence passed by a Court or trib......am non judice and malafide— The jurisdiction of the High Court Division in an application in the nature of Habeas Corpus is to see if a person in custody is there in pursuance of any lawful authority and when a person is serving out an order of sentence passed by a Court or tribunal..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
.... Court
High Court Division
(Special Original Jurisdiction)
Present:
Abdul Wadud Choudhury J
Sultan Hossain Khan J
Managing Partner, Messrs, Bank Line Navigation Company.............Petitioner
Vs.
Chairman, Second Labour Court, Dacca & another&hel......d them from their services.
2. The petitioners contested the said applications before the Labour Court and filed a written statement contending inter alia that the petitioners had been dismissed lawfully after holding a fair and proper enquiry into allegations against them and that there had be..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....in his present grade or his continuance in the post was never sought to be altered. It is doubtful whether the authorities can alter or change his position or continuance in the past or grade if anything adverse is found after full examination or investigation into his academic qualificati......stion he has been excluded from consideration in the matter of promotion and as such all orders of promotions superseding the petitioner must be held to have been made illegally and without lawful authority. He has, however conceded that the authority can consider the merit or suitability ..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....t Joes not render the passport invalid--For such suppression the holder of passport may be otherwise dealt with but cannot be denied entry in Bangladesh-
The respondent has not brought on record any material on which it could be said that the passport which Towab was holding at the time of his ......or to filing of the writ petition
Writ--Mandamus--Respondent having not denied the impugned action, the objection that mandamus has never been issued only for declaring that act of a person is unlawful or for declaring the title of a person to an office has been overruled.
Cases Referred t..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
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