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Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)

.....66, Ext. 2, is hit by section 75-A of the State Acquisition and Tenancy Act, 1950 (here­in after called the Act) and the said lease was null and void and as such the land stood for­feited to Government. Mr. Abdul Quay urn, the learned Advocate for the plaintiff-petitioners, has frankly admi......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163   ..

Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

....nistrator of Waqfs is not a subordinate Court of the High Court Division or of the Civil Court. 4. The Administrator of Waqfs is appointed under Section 7 of the Waqfs ordinance by the Government. Under Section 10thereof the Administrator shall be deemed to be a "Public Offi......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130   ..

Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

.... Under Article 2 of P.O. 16/73, there is nothing to show that the offence in question was committed by the accused in connection with the struggle for national liberation. The mere fact that the Government have stated that the accused are freedom fighters does not ipso facto give any indemnity ......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2

I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)

.... came into being. By operation of President's Order No.16 of 1972 which came into effect on 28.2.72, share-holdings and business management with all the assets and liabilities stood vested in the Government of Bangladesh. By letter Ext. D. dated 20.1.73. Deputy Secretary, Ministry of Commerce of...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8

Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)

....ent No.1 Company entered into three agree­ments with Taiwa, namely, (1) Capital Parti­cipation Agreement, (2) Technical Assistance Agreement and (3) Technical Service Agree­ment. The then Government of Pakistan accorded permission for equity participation by Taiwa. Late Alauddin Miah was......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ..

Category: Company Law | Date: 24 Nov, 1983 | Hits: 4

Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)

.... dated 27.04.1979. He also delivered possession of the case land to the pre-emptee purchasers on behalf of the vendors. Pre-emptee purcha­sers gave notices to all co-sharers and paid rents to the Government. Subsequent to the present purchase pre-emptee Respondent No.3 Gura Mia (O.P.W.1) became ......tly allowed. In the result, the appeal is dismissed with­out any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ..

Category: Property Law | Date: 20 Nov, 1983 | Hits: 88

Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)

.... originally provided as follows: “23. No. provision of law relating to the winding up of companies shall apply to a Corporation and a Corporation shall not be wound up save by order of the Government and in such manner as it may direct.” 3. By P.O. No. 37 of 1972 the afore-quot...... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54.         ..

Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5

Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)

....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......ve been no objection to it. 15. Finally Mr. Mahbubuddin submits that if the plaintiff can prove his possession of the suit land then he can maintain his suit for permanent injunction against any body except the true owner. He cites the case of Jinnat Ali Muktear Vs. Abdul Majid, 27 DLR 385 in s..

Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....strict Board was not a lower post than the post of Accoun­tant, Works Programme. He held that the post of Accountant, Works Programme is merely a temporary post without any cadre, It is neither a Government service nor a local council service. In the absence of statutory provision, an employee o......f the Local Council employed in pursuance of a direction given by the Govern­ment. Although he does not belong to any cadre, the District Board is not his master. He is an employee of a statutory body, although his service conditions have not yet been determined by any statutory rules so far. Be..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1

Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)

....ecord found that the evidence on record was hearsay evidence and there was no evidence connecting the accused persons with the murder of deceased Abdur Rashid. Against the said order of acquittal the Government preferred an appeal under section 30 of the Special Powers Act, 1974. The Appellate Tribu......;bers of the local Union Parishad who advised him to go to the Police Station. Md. Hossain accordingly went to the police Station and made G.D entry with Banshkhali Police Station. On 7.6.77 the dead body of Abdur Rashid alias Petan was found by the side of the hill called Samua. Deceased Abdur Ra&s..

Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1

Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ......as under his treatment at Khulna and that the said patient died at Khulna at 7/3 South Central Road, Khulna. Some other papers were also submitted before the court at Khulna which shows that the dead body of Nasu Khan was carried to Dhaka from Jessore by Bangladesh Biman and the consignee of the woo..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)

....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22     ......y. The said petition Ext. 3 was treated as F.I.R. at P.S. Patiya at 1 P.M. on the same day and the F.I.R. form Ext. 6 was filled in. The said Sub-Inspector Nurul Huq. P.W. 17 held inquest on the dead body of Kabir Ahmed on the eastern side of the said Jorpukur bridge on the pucca road on 16.11.77 at..

Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1

Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)

.... copy of the Deed of Gift issued by the Sub-Registrary of Jalpaiguri in India was not however formally admitted in evidence because being a forged document it was not attested by any authority of the Government in the then East Pakistan. So far this registered deed of gift is concerned, it incl­......e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290   ..

Category: Property Law | Date: 4 Oct, 1983 | Hits: 2

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

....ntiff does not arise. As far as the Copyright is concerned the plaintiff has obtained 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...... respectively. By virtue of the said registration with the appropriate authorities the plaintiff has become the absolute owner of the said Trade Mark, Patent, Design and Copyright in Bangladesh and nobody else to Bangladesh has any right to use the same for biscuits. The plaintiff has also given wid..

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

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

....ered deed of gift in respect of the suit property on 30-6-34 in favour of his wife Sarat Kumari Debi. Sreemonta Chatterjee had several toujis and tenures with the arrears of rent were acquired by the Government under section 3(1) of State Acquisition and Tenancy Act on 2-7-54 and 15-7-54 w......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   ..

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)

....ot arise. As far as the Copyright is concerned the plaintiff has ob­tained the Copyright 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......ectively. By virtue of the said registration with the appropriate autho­rities the plaintiff has become the absolute owner of the said Trade Mark, Patent, Design and Copyright in Bangladesh and nobody else in Bangladesh has any right to use the same for biscuits. The plaintiff has also given wid..

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

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

....sions under the State Acquisition and Tenancy Act regarding preparation of the record-of-rights. Under section 19 of the State Acquisition and Tenancy Act in view of the notification of the Government under section 17 of the Act a draft record-of-right was prepared for the purpos......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     ..

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

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

.... Whether Development Plan Undertaken By Dhaka Municipal Corporation Can Be, Restrained By an Order of Injunction – The use of the ward "against" twice first with regard to the Government and secondly with regard to any Corporation necessarily implies that the Government has b......een placed in one category and any other Corporation" has been placed in another distinct category-In Martial Law Order No. 40 of 1982 "any Corporation" is disjunctive from "other body or authority-Since any Corporation also includes a corporation established by or under any law ..

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

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

....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......ate only from the date of the application for registration. This is also stated in the certificate of registration of all the designs in Ext.1 series by the Controller, Patents and Designs who on the body of the certificate stated:— ''Provided that the registered proprie­tor s..

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

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

....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......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   ..

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