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Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....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 ........................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire properties of all the co-sharers ....... Gulzar Alam.......................................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire......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)
....ds. 13. The avoid any misunderstanding, it is specifically directed that the trial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided completely on the evidence on record and on the appreciation of facts and law independently by the t......d...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi—......n the two cartons. In a case of imitation, however, no two cartons are exactly alike. There is bound to be some difference here and there. But taking the two cartons, not side by side, which is not a proper method of comparison in such cases, but by looking at one at one time and then looking at ano......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
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....rds. 13. To avoid any misunderstanding, it is specifically directed that the trial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided completely on the evidence on record and on the appreciation of facts and law independently by .................................Respondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Design and Trade Mark Cases) 69 (CA) Lawyers Invol......n the two cartons. In a case of imitation, however, no two cartons are exactly alike. There is bound to be some difference here and there. But taking the two cartons, not side by side, which is not a proper method of comparison in such cases, but by looking at one at one time and then looking at ano......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)
....sp;96 of the Act on the basis of the claim of co-shareship in the holding, mere showing the payment of land revenue under two different numbers in the tenants' ledger is sufficient to give a complete negation to any vested right of pre-emption. There cannot be doubt, of course, whenever all......oint holding sub-section (3) of section 117 that that when an order under sub section (1) has been passed subdividing a joint holding, such sub-division may be demarcated on the ground and shown on the cadestral survey map. Thus the scheme of sub-division is very much clear for the pu......isputed lands. 3. The pre-emptee-opposite party No.1 contested the cases by filling written objection and alleging, inter alia, that the petitioner was not a co-sharer in respect of the disputed property with regard to which two khatians under S.A. operation, namely Khatian Nos. 844 and 845 hav......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)
.... the contention of the learned Additional Attorney General. If the successor Judge can issue the notice and dispose of the application for review on grounds not covered by rule 2, then Rule 2 becomes completely nugatory. This rule will practically be obliterated from the statute book if such interpr......lt: The appeal is allowed. Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor Judge The right of review of a judgment is a substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Revi......Ministry of Public Works and Urban Development on 6-2-82 and 13-2-82. While transferring the Government New Market as also other markets of the Dhaka to the Dhaka Municipal Corporation the Government properly demarcated the transferred area in a site plan and also furnished a list of allottees with ...... o f the decree'. We cannot assume that the legislature used the words in two rules in the same sense. The word 'decree' is defined in the Code and it means "the formal expression of adjudication which so far as regards the Court expressing it conclusively determines the rights of t..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....the confession was true. Without verification as to the truth and voluntariness of the confessional statement it is quite unsafe to rely upon such confession. The learned Assistant Sessions Judge has completely overlooked these legal aspects of the matter. He gave no consideration and made no ascert...... Judgment September 8, 1983. Result: The appeal is allowed. Confessional statement of an accused can not be sole base for conviction Confession of a co-accused is no evidence and that no conviction can be based on it unless there were other evidence on which conviction could......custody for long 3 days. 7. Mr. Marfat Ali, the reamed Advocate appearing for the State contended that the conviction of accused Forkan Ali on the basis of his own confession was quite legal and proper. 8. P.W.1 Bangshi Badan Chowdhury was the informant. His wife P.W.2 Shila Rani, sister P......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
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....gality contemplated in the said section even upon an information received from a person who is not party to the litigation in which the illegal order has been made. Mr. Pal's submissions provides complete to answer to the objection raised by the learned Advocate for the plaintiff-opposite party....... This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......Balahari, Tripura Sundari and Basanti Kumari, wife of Bihari Lal Banik, Nittananda Banik and Dinobandhu Banik respectively who were members of a joint family. Their sons were also joint in mess & property. They also acquired property in different parts of India. One of the sons of aforesaid Biha......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
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....rned Judge of the High Court Division who on relaying on a decision of the High Court Division of East Pakistan in Golam Rahman vs. Mrs. Imratannessa, 22 DLR 126 held that the present, being one of complete destruction of the subject matter of a lease was govern by the general principles of laws......Shahabuddin Ahmed J Chowdhury ATM Masud J SM Mohsen Ali J Azizur Rahman & others....................................Appellants Vs. Abdus Sakur and others…..................................Respondents Judgment June 29, 198......l is dismissed. The Transfer of Property Act, 1882 (IV of 1882) Clause (e) of section 108 of the Transfer of Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially and permanently unfit for use for the purpos....... 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)
....namely, that by operation of law the premises in question had become an abandoned property, which is again begging the question, and to which the decision earlier cited, namely, 30 DLR (SC) 169, is a complete answer. 23. It appears, therefore, that the opposite party No.1 has in his position no m...... & others……………..Opposite-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. Lawy......iscreants. They were ousted by the Naval Headquarters. The premises were repaired and made habitable by the Naval Headquarters at state expense. The premises in question were listed as an abandoned property and had vested in the state under article 4 to P.O. No.16 of 1972. The premises were allott......s the son of late Aminuddin, the original owner of the premises. Whether the accused petitioner has a subsisting interest in the premises in question or not, cannot ever be a question for the final adjudication of criminal Court. It is primarily, basically and fully a civil issue. If it is the com..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....cation it must be established by cogent and satisfactory evidence of conduct of the parties and user of the property which show the extinction of the private secular character of the property and its complete dedication to charity,. In the instant case there is no evidence that the sarkers or the al......e Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee and others Vs. Kali Kikkor Gunguli AIR 19......nj of Zilla Dhaka dated the 30th day of January, 1982 passed in title suit No.52 of 1981. Judgment M. H. Rahman J. — This appeal has arisen out of a suit for declaration that the suit property comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porr...... 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 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....st that order a Criminal Revision being No.12 (1) 80 was preferred before the learned Sessions Judge, Patuakhali. The learned Sessions Judge set aside the order and directed the learned Magistrate to complete the enquiry under section 145 of the Code of Criminal Procedure. The learned Sub-Divisional...... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………......ual 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 a property is capable of being possessed. Under section 146 of the Code of Criminal Procedure a M...... 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
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
.... 6. As it appears, the three plots, 25, 26 and 27, constituting the suit land, originally belonged to three persons, Kalicharan, Shashi Bhushan and Swarna Baishnabi. Of them Swarna Baishnabi was completely out of the picture from the very beginning. The appellant claims title on the basis of th......howdhurani Vs. Jewahir Singh, 18 ILR Cal. 23; Abdul Mazid Vs. Khalil Ahmed, 12 DLR SC 132; Nadir Shah Vs. Lal Shah, PLD 1954 Lah. 447; Deity Pattabhiramaswamy Vs. S Hanymayya, AIR 1959 SC 57; Nafar Chandra Pal Vs. Sukur Sk, AIR 1918 PC 92; Dhenna Mal Vs. Roy Bahadur Moti Sagar, AIR 1972 PC 102; Wali......li Charan purchased the other two plots, got his name mutated in the landlord's sherista, paid rent for those plots till his death, and after him his son, Pati Ram, defendant No. 2, inherited the property and possessed it in the same way. Defendant No. 2 executed a Power of Attorney dated 2-1-51......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
....port of the audited accounts relating to the Project will be published every six months.
(5) Defendant No. 1 will remain in overall charge of the Feni Regulator Project and shall manage and complete the unfinished work.
(6) All disbursements/withdrawals shall be made under the joint s......te Division
(Criminal)
Present:
FKMA Munim CJ
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Syed Md. Mohsen Ali J
Mahbubur Rahman Sikder and others................................Petitioners
Vs.
Mujibur Rahman Sikder alias M. R......that petitioner No. 1 has refused to subscribe his signatures in a cheque for withdrawal of amounts under certificated bills and/or pass such other or further orders as your Lordship may deem fit and proper.
On the face of this apparent uncertainty in the mind of the petitioner, the allegation ...... 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
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......(1983) 102. ...... to the condition that in case first executrix failed to take Probate the second executor Digindra Chandra Bhattacharya would be entitled to take Probate and became the sole legatee in respect of the properties bequeathed under the said will. 3. Jalada Devi applied for Probate which being content......d appeals from the order, but dies during the pendency of the appeal, the heirs of the sole legatee can be substituted in his place for the purpose of carrying on the litigation and obtaining a final adjudication as to whether the will is genuine or not. It was held in that case that the heirs of t..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......admission but the Court must give its reason for such rejection at the initial stage. An appeal under section 407 of the Code gives a substantive right to the appellant to be heard on merit and without disposing the, appeal on merit it cannot be said that the learned Additional Distri......gistrates concerned are disposing of appeals summarily without giving any reason at all, it has become incumbent on this Court to direct such Courts concerned to dispose of appeals on merit with proper reason. Utmost expedition does not mean disposal alone but disposal in accordance w...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......; ......matter is whether the second prosecution is a revival of the first prosecution or whether it is a fresh prosecution. In the case reported in 14 D.L.R. (S.C.) 96 the Supreme Court observed, "In a proper case an application for revival may amount to a fresh complaint but barring that we would not...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ......e is also Reported in: 3 BLD (HCD) (1983) 99. ......e Acquisition and Tenancy Act. 2. The pre-emptor filed an application for pre-emption stating that he is a non-notified co-sharer by inheritance. The pre-emption case was filed within time after proper deposit as required under the law for pre-empting the land sold by kabala, Ext. 1. 3. Th......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......t sought to be tried by a different Tribunal. Nor is he being tried under a separate rule of evidence. Records of the case shows the same witness. The accused has deposed to the same effect and has not deposed anything in respect of selling of the cloths in the black market. There was neit......) 96. He however cites the case of Pir Badsa and another Vs. The State, 15 DLR (SC) 55 which has laid down that when an order of discharge has been passed on the merits, fresh proceedings, would be improper on the same evidence but there is no bar to a fresh trial by a different tribunal so that mor......arge has been passed on the merits, fresh proceedings, would be improper on the same evidence but there is no bar to a fresh trial by a different tribunal so that more materials becomes available for adjudication of the guilt or innocence of the accused. 8. In the facts and circumstances of the..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....to U.S. dollar 105,876.00 only to the plaintiff to be issued by the defendant No. 6 on condition that the same shall be forfeited and encashed by the plaintiffs if the Vendor-defendant No. 2 does not complete the sale or fails to deliver the vessel to the plaintiffs within the validity of the letter......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ......eliver the vessel to the plaintiffs within the validity of the letter of Credit; (d) The defendant No. 2 shall deliver or cause to deliver the vessel at the port of Chittagong; (e) That the property in the vessel shall vest in the plaintiffs upon delivery of the vessel to the plaintiff and......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......D) (1982) 345; 3 BLD (HCD) (1983)149
...... obviate an irreparable injury to a party. This provision was not intended for settling controversies under several heads necessitating a regular investigation. When serious disputes are involved the proper forum for their adjudication is a Civil Court."
7. In Peoples Insurance Co. Ltd. V....... injury to a party. This provision was not intended for settling controversies under several heads necessitating a regular investigation. When serious disputes are involved the proper forum for their adjudication is a Civil Court."
7. In Peoples Insurance Co. Ltd. V. Ms C.R.E. Wood & C..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
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