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Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28. ......F. Hasan 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 ......ite Parties Judgment October 10, 1983. Result: The application is allowed. Case Referred To- Dr. M. Fazil Zahir Vs. Mst. Begum Jan, PLD 1966 (Lahore) 53; Rekanti Chinna Chattiyar and others Vs. Varadappa Chattiar and others, AIR 1940 Madras 17 Lawyers Involve......1984) (HCD) 28. ..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 ......plots of lands in khatian No.25 between the plaintiffs and the defendants There is no illegality in the 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 ......s. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ...... of law shall be applied on the convenience of the parties 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……………….(7) Case Referred to- Maniruddin Biswa..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....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 ......yed Sakhawat 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...............Appellant Vs. Haque Brothers Ltd...............................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: ......interim injunction dated 27.10.81 absolute. 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 typ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....certificate case No. 565/R/C of 1948-49 and the sale held thereunder on 28-7-60 should not be declared to have been held without jurisdiction, void and tainted with fraud and material irregularity in publishing and conducting sale. Plaintiffs' case was that late Sreemonta Chatterjee died in Jais......Opposite 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 App...... This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......urt High 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..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)
....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. ......d Sakhawat 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 grant...... Vs. Haque Brothers Ltd................................................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. Desig......nction dated 27.10.1981 absolute. 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 ne..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ed that these two khatians are the modified record-of-right. Nothing transpires either from the evidence of the parties or from the judgments of the Courts below that those khatians have been finally published and accepted under the provisions of State Acquisition and Tenancy Act as final. There are............Opposite party Judgment September 29, 1983. Result: Rules are made absolute. Demarcating a joint 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 de............Petitioner Vs. Abdul Rob Chowdhury & others...........................Opposite party Judgment September 29, 1983. Result: Rules are made absolute. Demarcating a joint holding sub-section (3) of section 117 that that when an order under sub ......sp; ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....sed market building after its construction. All the affected 117 members of the Fish, Meat, Vegetable Market Shopkeepers Association lent their full support to the development plan the Corporation by publishing their consent in the Daily Azad on 35-7-83 and 30-7- 83. The appellant in his individual ......t Vs. Dhaka Municipal Corporation & others................Respondent Judgment September 29, 1983. Result: 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 ......immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ...... – 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 been placed in one category and any other Corporation" has been placed in another distinct category-In Martial..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....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. ......, Advocate with Altafur Rahman, Advocate— For the State. Criminal Appeal No. 177 of 1983. Judgment Amin-Ur-Rahman Khan J. — This appeal is directed against the judgment and order passed by the Assistant Sessions Judge, Pabna convicting the accused-appellants under section ......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. ...... under section 394 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Tk. 5000/- in default to suffer rigorous imprisonment for one year more. 2. The prosecution case is that the informant with his wife Shila Rani and siste..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ......ul 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 filed...... Md. Abdul Latif.............................Appellate Vs. Md. Harunur Rashid......................Respondent Judgment September 6, 1983. Result: The appeal is allowed in part. Lawyers Involved: Abdur Rashid Khan with Md. Shahidul Huq —For the Appella......r 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 design is one of a plastic Ball Cock for high level cistern. The plaintiff applied for registration of th..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......ge and subsequent reconveyance, the patta itself would not establish the real intention of the parties and that being so the oral agreement would be admissible under section 92 of the Evidence Act in order to find out from the surrounding circumstances the real intention of the parties to the contra......ers.....................Respondent Judgment August 23, 1983. Result: The appeal is dismissed. Cases Referred to- Hanif-un-Nessa Vs. Faiz-un-Nessa, 38 I.A. Page 85; Narasingherji Vs. Panuganti (1924) 51 I.A. Page 305; Abdul Khaleq Vs. Mst. Saiman Nessa Bibi; 19 D.L.R. p......short are that the land described in the schedule to the plaint belonged to the plaintiffs Fazle Karim Biswas and Nasim Biswas. They took loan of Tk. 200/00 from the defendant Jaha Baksha, a village money lender and as security of the loan mortgaged the suit land with him as a token of that mortgage..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......ossession because presumption is an inference as to existence of a fact from the existence of some other founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ...... to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ...... and others........................Respondents Judgment August 6, 1983. Result: The appeal is dismissed. Lawyers Involved: Foruque Ahmed—For the appellant. No one—For the respondents. Appeal from Appellate Decree No. 54 of 1967 Judgment S..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....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 ....... Ruhul Amin—For Opposite party No.2 Title Appeal No. 171/78 Judgment A. T. M. Afzal J. - This Rule, at the instance of the defendants 5-7, is directed against the judgment & orders dated March 27, 1979 passed by the learned Addl. District Judge, 2nd Court Comillain Title Ap......ies Judgment July 6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal ...... (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)
..... 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. ......overned by the principles of general law. 14. Mr. Khondker vehemently argued against the reference to general principles of law upon which the learned Judges are seen to have relied upon in order to negative the appellant’s contentions. The controversy was raised as to whether the provi......95. ......heet huts and a small pucca house which was kept in khas possession of the plaintiffs. Other structures were late out to two groups of defendants on monthly rent, namely, defendant Nos. 1 and 2 in one group and defendant Nos. 3 and 4 in the other. While they were in possession of the house and g..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....II dated 27-6-72, the Cantonment Executive Officer, Dhaka Cantonment conducted a preliminary survey in the cantonment area for preparation of list of houses proposed to be declared as abandoned and published a notice in the local press on the 8th July, 1972 inviting any claims within 7 days of t......on bail on 30.5.81 the complainant opposite party No.1 filed an application for inclusion of section 467 of the Penal Code in the petition of complaint. The learned Magistrate allowed the prayer by order dated 2.781 on 28.10.81 the records of the case were sent to the Court of Sessions for trial. ......s be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......ourt Division (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 Ma..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ...... Ali, Md. Altafur Rahman, & Malik Syed Ahmed Advocates— For the State. Criminal Appeal No. 113 of 1981. Judgment Latifur Rahman J. — This appeal is directed against the order of conviction and sentence passed against the 5(five.) appellants by the Additional Sessions J......e appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......and they have been falsely implicated in this case. The defence further denied the manner of occurrence. From the trend of cross-examination it appears that the defence plea was the accused party had one ejmali Baithakkhana near the tank of the complainant party which the complainant came to demolis..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......D.W. 1 and that of D.W.2 who sought to prove the aforesaid documents. I am satisfied that the alleged istifanama and Ekrarnama Ext. A and B were created during the pendency of the suit collusively in order to put up a defence on behalf of the petitioner. It is not necessary to make further comment i......or the Petitioner. Azizur Rahman Chowdhury with MA Mannan, Advocate— For the Opposite Party. Civil Revision No. 250 (C) of 1982 Judgment ATM Afzal J.— This rule at the instance of the defendant No.1 (Ga)-petitioner, issued under section 25 of the Small Cause Courts Ac......ent: ATM Afzal J Banu Gopal Lala…………………………………………………Petitioner Vs. Hajee Abdul Hamid Khan & others……………&helli..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......s issued calling upon the opposite parties to show cause as to why they should not be prosecuted or proceeded against for committing contempt of Court for disobeying and disregarding the judgment and order of this Court passed in Writ petitions No.653 of 1976 and 627 of 1980. 2. In pursuance of......osts. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ...... Amin-ur-Rahman Khan J Khalilur Rahman……………………………………………….Petitioner Vs. Mr. Jamsed Ali & others………………&helli..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......ssity in respect of the transfer in question being based on evidence on material on record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......ut any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......defdt. that Shubhadra's husband sold his property and thereafter purchased the share of Jadab inherited by his widow Jatri for a consideration of Tk. 900.- Since then he is in possession. Ananda, one of the brothers of Jadab claims the property left by Jadab as a reversioner as Jadab had no son...Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......f the Evidence Act, it is an error of law or procedure, which has been unfortunately committed by the lower appellate court in the instant case. In the result, this appeal is allowed without any order as to costs. The judgment and decree of the lower appellate court are set aside and those of t......ted in: 37 DLR (HCD) (1985) 126. ......e the contesting respondents before this court. 3. Briefly stated the plaintiffs' case is that Hemanta Kumar Ghosh and others, the landlords purchased in auction the raiyati interest of one Golam Ali Sk. on 4.9.34 which was sold in execution of rent decree vide rent execution case No.1..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... 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. ...... of title rather the enquiry under section 145 of the Code of Criminal Procedure is limited to the question as to who was 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 possessi......nd down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......visional Jurisdiction) Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others………………&hellip..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
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