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I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....974 against the appellant defendant Imperial Chemical Industries (Bangladesh) Ltd., (hereinafter called the appellant defendant) /or specific performance of contract contained in the agreement Ext. 1 dated 17.8.70 which devolved on appellant defendant No.1 from Imperial Chemical Industries (Pakistan......l Chemical Industries (Pakistan) Ltd. in respect of business undertakings, assets, liabilities etc. in Bangladesh on the basis of President's, Order No. 16 of 1972. This view finds support in the decision in the case of Buxly Paints (Bangladesh) Ltd. versus-Bangladesh, (1979) 31 DLR (AD) 266=197..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....ity—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and order dated 30.6.83 passed by District Judge, Rajshahi in Misc. Appeal No.35 of 1983 dismissing the appeal......assed by Munsif, Sadar, Rajshahi in O.C. Suit No.180/1983. Judgment Syed Muhammad Husain J.- This rule was obtained at the instance of the Vice-Chancellor of Rajshahi University against the decision of the District Judge of Rajshahi affirming a decision of a Munsif of Rajshahi granting a t..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....ctors of the Company from participating and voting in the said annual general meeting on behalf of and/or as proxy and/or as powers of attorney of the said respondent Nos. 8, 9 and 11. 3. On the date that the application for temporary injunction was moved, i.e. on 14.9.83 the respondents were a......ents. Until the said burden is discharged the said respondents cannot be heard to say that the minute of the proceedings of the Board of Directors were wrong Prima facie they were parties to the decision to sell the shares of Taiwa to Sigma International Inc. and they cannot be given credence a..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
.... benami of his wife Mouna Khatun the defendant who also died during the pendency of the suit and was substituted by her heirs defendant Nos. (1) and (2) Kalu Meah and Ledu Meah by a registered kabala dated 21.3.50. The plaintiff further alleged that he purchased the same with his own money for his o...... though the defendants had alleged that this was a forged document. The learned Advocate contends that the judgments of the Courts below suffer from illegality which has resulted in an error in their decision on merits occasioning a failure of justice and cannot be sustained. 6. Mr. S.C. Das, t..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....the case land stating that he did not have money to purchase the land. Pre-emptor respondent No.1 settled the price of the case land and was present at the time of registration of the disputed kabala dated 27.04.1979. He also delivered possession of the case land to the pre-emptee purchasers on beha......mption application is allowed, the added land would exceed the permissible limit of land allowable under the law by the three pre-emptors to be held. In this connection a reference may be made to the decision is the case of Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 35 DL..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....titioner. Md. Altafur Rahman—For the Opposite Parties. Criminal Revision Case No. 61 of 1983. Judgment Mustafa Kamal J. - This Rule is directed against an order of acquittal dated 13.1.83 passed by Mr. A. H. Ahmed, Assistant Sessions Judge, Naogaon, in Sessions Case No.348 ......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....te judgment. 2. The plaintiff-appellant instituted Title Suit No. 192 of 1961 in the 1st Court of Munsif, Dhaka against the defendant-respondents for permanent injunction. By judgment and decree dated 27.9.63 the learned Munsif decreed the suit. The defendant Nos. 4 and 5 preferred Title Appeal...... the 1st Court of learned Subordinate Judge, Dhaka for establishment of title and khas possession of suit plot No. 23 and other plots. He granted permanent injunction to the plaintiff title the final decision of the said Title Suit No. 27 of 1960. 7. In a lengthy appellate judgment the Court of..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
....-General—For the State. Criminal Revision No. 59 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite party to show cause why the order dated 12-5-83 passed by the Additional Sessions Judge Court No.11 Jessore fn Sessions Case No.508 of...... on 13-5-82. Similar question as to the applicability of section 35 of the Ordinance XXIV of 1982 and promulgation of section 339C of the Code of Criminal Procedure came up before this Court for decision in the case of Md. Badir Mollah and others Vs. The State and others i.e. in Criminal Revisi..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....ut of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed Q.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (I) that the office Memo. dated 9.11.73 transferring him from his post of Accountant, Works Programme to the post of Assistant...... was a temporary staff paid from the work-charge establishment his services cannot be dispensed with following the principles of master and servant. The learned Subordinate Judge relied upon the decision in the case of Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury 29 DLR..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....stances of the present case the continuation of the criminal proceeding against the accused petitioners will be an abuse of the process of the Court and that therefore the impugned judgment and order dated 6.3.80 passed by the learned Appellate Tribunal may be set aside in exercise of the powers of ......ourt under section 561A. In support of his contention that this Court has power under section 561A Cr.P.C. to interfere in an appropriate case under the Special Powers Act, 1974, relied upon the decision in the case of Bangladesh Vs. Shajahan Seraj reported in 32 DLR (A.D.) 1. He further argues..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....;dhury J. - This rule arises out of an application under Section 115(1) of the Code of Civil Procedure filed by Mrs. Ummida Islam Khan wife of late Serajul Islam Khan @ Nasu Khan challenging an order dated 6.6.81 passed by the Subordinate Judge, Khulna, passed in Misc. Case No.48 of 1980 holding tha...... 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. ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....rtem and homicidal injuries has not been disputed by the defence. Defence, as already stated, has only challenged the manner, place and time of occurrence. 7. P.W. 1 Mir Ahmed stated that on the date of occurrence in the morning while he was washing his face in the tank of his house, he saw tha......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 ..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....T.M. Afzal J. — This rule, at the instance of the 1st party-petitioner, arises out of a proceeding under section 145 of the Code of Criminal Procedure and it directed against judgment and order dated 30 5.83 passed by the learned Sections Judge, Comilla in Criminal Motion No.158/83 quashing th......to the merit of the respective claims of the parties with regard to possession of the proceeding land. The learned Advocate has also submitted that the learned Sessions Judge wrongly applied the decision reported in 23 DLR (S.C.) 14 inasmuch as the facts of the instant case are clearly dis..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....an Ari]—For the Petitioner. Review Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustafa Kamal J.- This is an application for review of the order dated 8.8.1983 whereby the plaintiff's prayer for withdrawal of the suit was allowed. The plaint......ted by the Court itself but also the omission of the counsel to bring to the notice of the Court relevant facts and law which, if brought to the notice of the Court, would have materially changed the decision of the Court. He has cited the case of Rekanti Chinna Chattiyar and others Vs. Varadappa Ch..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
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 ......rties concerned and may be relaxed from time to time for ends of justice in the interest of the parties concerned without causing prejudice to any one. This view was taken by Mr. Justice Ibrahim in a decision reported in 5 DLR at page 544. In the present case when evidently there is no occasion to i..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....khawat Ali- For the respondent. Appeal from Original Order No. 153 of 1982. Judgment Mustafa Kamal J. — This First Miscellaneous Appeal is directed against the judgment and order dated 24.5.82 passed by the learned District Judge, Dhaka in Title Suit No.19 of 1981 granting tempo......r a secondary meaning to have been acquired. The defendant in order to distinguish its product from that of the plaintiff has named its product as "King Cookie". Adopting the reasons of the decision reported in 1981 R.P.C. 69, therefore, it appears that although the plaintiff has introduce..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....te Party. Civil Revision No. 657 of 1982. Judgment Abdul Matin Khan Chowdhury J. — This Rule was issued calling upon the opposite parties to show cause why the judgment and order dated 29-12-81 passed by the Additional District Judge Court No. 1 Khulna in Miscellaneous Appeal No......learned Additional District Judge Court No. 1 Khulna as per his order dated 29-1-81. 8. Mr. B.N. Chowdhury the learned Advocate for the petitioners in support of the contention relied on certain decisions. He has referred to a case reported in AIR 1917 Privy Council page 156. In the case of Bri..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)
....awat Ali–For the respondent. Appeal from Original Order No.153 of 1982. Judgment Mustafa Kamal J.- This First Miscellaneous Appeal is directed against the judgment and order dated 24.05.1982 passed by the learned District Judge, Dhaka in Title Suit No.19 of 1981 granting te......econdary meaning to have been acquired. The defendant in order to distinguish its product from that of the plaintiff has named its product as "King Cookie". Adopting the reasons of the decision reported in 1981 R.P.C. 69, therefore, it appears that although the plaintiff has introduce..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....Rules. Civil Rev. Nos. 497, 498 and 500 of 1981 Judgment Md. Abdur Rouf J.- These three Rules have been obtained by the pre-emptor-petitioner calling in question the judgment and order dated 27.12.80 by the learned Subordinate Judge, Noakhali in Miscellaneous Appeals No. 121, 122 and ...... whether the land of the plots under pre-emption has also been recorded in the other M.R.O.R. Khatian No. 844. In support of the contention, Mr. M. Shehabullah, the learned Advocate has referred to a decision reported in 29 DLR 153 in which the original C.S. Khatian was split up into four different ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....nction and no Court can ignore it. But it must also be remembered that in Clause 4(1) of the schedule added at the end of the proclamation of the 24th March, 1982 by proclamation Order No. 1 of 1982, dated 11-4-82, it has been provided that the High Court Division of the Supreme Court shall have suc......ieved. (a) by a decree or order from which an appeal is allowed but from which no appeal has been preferred. (b) by a decree or under order from which no appeal is allowed. or. c) by a decision on a reference from a Court of Small Causes. and who' from the discovery of new an..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
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