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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...... 2. The plaintiff respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injunction on the averments, inter alia, that it is one of the leading manufacturers of biscuits in Bangladesh. In 1979 the plaintiff invented a new type of biscuit first of its kind in Bangladesh by ......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—......nbsp; ..

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 ......; 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that matter even by a senior counsel may constitute sufficient cause for condoning deley if ......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..

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......ff-respondent Haque Brother (Industries) Ltd. filed the aforesaid suit for permanent injunction on the averments, inter alia, that it is one of the leading manufacturers of biscuits in Bangladesh. In 1979 the plaintiff invented a new type of biscuit first of its kind in Bangladesh 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...... ..

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 ......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......nbsp; ..

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...... Dhanmondi, District Dhaka since 1953. The members of the plaintiff- Association have been running their business as allotted under the defendant No. 2, the Government of the People's Republic of Bangladesh represented by the Secretary Ministry of Public Works and Urban Development. The said def......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......nbsp; ..

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......igns 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 became the absolute owner of the said designs. S......hmudul 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 f......in: 36 DLR (1984) 59. ..

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 ...... This Case is also Reported in: 36 DLR (1984) (HCD) 235 ...... ..

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

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

....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 ......�……Petitioner Vs. K.M.J. Akbar, Commodore & 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 Bang...... & 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......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..

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

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

....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......53 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, Rajshahi Mr. Jetendra Proshad Tanchangya, Additi......;……….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. Daliluddin Ahmed, Advocate with Akram Hos......-ur-Rahman Khan J Khalilur Rahman……………………………………………….Petitioner Vs. Mr. Jamsed Ali & others……………………..

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

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

.... 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...... 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 ......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......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. ..

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

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

....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......one of the Calcutta High Court Tayefa Khatun Choudhurani Vs. Sornadhan K. Sen Rai reported in 53 (1931) Calcutta Law Journal at page 512 and another, of the Appellate Division of the Supreme Court of Bangladesh, Nirode Baran Vs. Devendra Mohan reported in B.C.R. 309 (AD) in support of his contention......man—For the Respondent. Appeal from Appellate Decree No. 602 of 1963. Judgment M. S. Ali J. - This appeal preferred by the plaintiff Abdul Shaikh is directed against the judgment and decree dated 18.12.62 of the learned Subordinate Judge, Additional Court, Khulna in Title Appeal......Bench) (Civil Appellate Jurisdiction) Present: M. S. Ali J Md. Shahadat Hossain & others………………………Appellant Vs. Kohiladdi Shaikh & others…………………&helli..

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

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

....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...... under any circumstances. With this warning the contemner is let-off. This Rule is disposed of accordingly. 4. Let a copy of this order be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) ......shy;take is taken by the contemner, 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 ...... SM Husain J Amin-ur Rahman Khan J The State…………………………………………State Vs. Mr. M.A. Wadud………………………&hell..

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

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

....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......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. ......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......ddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Erfan Ali…………………………………Appellant Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur & others…&hellip..

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

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

....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. ......ecial 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. Result: ...... Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. Bharat Board Mills Lt......ourt Division (Special Original Jurisdiction) Present: FHM Habibur Rahman J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 1..

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

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

....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......g other concerns "banking company" and "a bank" was also "included within" the definition of the said words. It is undisputed that before the nationalisation of banks in Bangladesh the National Bank of Pakistan and its branches were included within the definition of the......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"......mmed Habibur Rahman J Mustafa Kamal J The State………………………………………State-Appellant Vs. Abdul Awal…………………………&..

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

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

....isdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh………………………&hel...... Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh……………………………&h...... is also Reported in: 3 BLD (HCD) (1983) 284. ......ional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh……………………&he..

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)

.... 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. ......3 and 65 of 1982 are allowed without any order as to costs. (2) Order of appointment of Receiver by the High Court as affirmed by the High Court Division is set aside. (3) All receipts from Bangladesh Water Development Board and/or its agencies will be credited in the Bank accounts, namely......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......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. Sikder & others..............Respondent Judgment..

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

Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)

....ner indicated herein-before. This application is thus disposed of accordingly. 9. Let a copy of this judgment be forwarded to the Secretary, Cabinet Division and Ministry of law of the Government of Bangladesh to draw the attention of all Additional District Magistrates about the...... 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......Present: Latifur Rahman J Jamsed & others…………………………………………Petitioners Vs. Abdus Samad & others……………………&he..

Category: Criminal Law, Procedural Law | Date: 1 Dec, 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. ........(7) Cases Referred to- Upendra Chandra Roy Vs. Jonab Ali, 29 DLR (Dacca) 1977 at page 229; Bandar Ali Halder Vs. Kalu Halder and others; Mohar Ali Mondal Vs. Shahabuddin Mia at page 27, 1 Bangladesh Case Report (1981). Lawyers Involved: Abdul Mannan Khan, Advocate— For th......e is also Reported in: 3 BLD (HCD) (1983) 99. ...... (Civil Revisional Jurisdiction) Present: Latifur Rahman J Ramesh Chandra Barman & others……………………Petitioners Vs. Naresh Chandra Barman & others…………………&..

Category: Property Law | Date: 24 Nov, 1982 | Hits: 2

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....does not go to show that the appellant created a tenancy in his favour by not interfering with it. 17. As regards the contention that the suit land being tenanted lands were acquired by the Government, it appears that no evidence has been given to show that the suit land falls within ......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ......wdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J New Dhamai Tea Estate Limited………… Appellant Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents Judgment August 6,1982. Result: ...... FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J New Dhamai Tea Estate Limited………… Appellant Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Res..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

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