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Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ...... provision of section 10(2) on the honest and concurrent user. 7. Although the respondent No. 1 engaged a lawyer to oppose registration of the impugned trade mark No. 21508 in class-30 he left the proceeding and the application was allowed to proceed to registration. As a matter of fact, the regi..Category: Intellectual Property Law | Date: | Hits: 231
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......ions (1) and (2) of Section 115 of the Code of Civil Procedure:- "115. Revision.- (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has been passed by a Court of District Judge or Additional..Category: Limitation Law | Date: | Hits: 171
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......olice Department and also seriously damaged the vehicle causing loss of Taka 1,15,000 to the Government. 3. With the aforesaid allegation as detailed in the charge sheet, a departmental proceeding was drawn against the petitioner by the Superintendent of Police, Magura on 8-11-1994 un..Category: Employment/Service Law | Date: | Hits: 91
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......vision passed in Writ Petition No. 5350 of 2004 discharging the Rule and also vacating the order of stay. 2. Brief facts are that the petitioner filed the above writ petition challenging the proceeding of Money Execution Case No. 48 of 2004 of Artha Rin Adalat No. 3 Dhaka stating that City..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......section 115 of the Code of Civil Procedure: "115. Revision. — (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has been passed by a Court of District Judge or Additiona..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......ision was wrong in declaring the notification dated October 27, 1986 as illegal and malafide. 7. The writ petitioner in support of his contention that the requisitioning authority initiated the proceeding for requisitioning of .45 acre of land from C. S. Plot No.1009 annexed the notification s..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
....impugned revisional judgment and order or the Sessions Judge who directed a judicial inquiry by setting aside the order of the Magistrate dismissing the complaint petition. That would amount to quashing an inquiry proceeding relating a complaint petition, which discloses an offence, exclusiv......quot;....how far the petitioners were competent to prefer the instant application under section 561A of the Code when cognizance in the case had not yet been taken by the Magistrate. A judicial proceeding cannot be treated to have been started till before cognizance has been taken by the Mag..Category: Criminal Law | Date: | Hits: 35
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......d by him was dismissed on contest wherefrom appeal being Title Appeal No.131 of 1997 was also dismissed and he did not further proceed and as such, the same claim by his successors in any separate proceeding is simply barred by Res-judicata and the prayer for local investigation solely based on ..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......rit petition against the said impugned Memo dated 27.6,2000 stating, inter alia, that the writ-petitioner, a Magistrate exercising judicial function was removed from the services on the basis of a proceeding under Government Servant (Discipline and Appeal) Rules 1985 upon its finding of guilt bu..Category: Employment/Service Law | Date: | Hits: 62
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....sed by the High Court Division in Criminal Miscellaneous Case No.873 of 2001 arising out of Special Case No.4 of 1997 rejecting an application under section 561A of the Code of Criminal Procedure for quashing the Special Case No.04 of 1997 under section 467/471/109 of the Penal Code and also under s......ourt, the interpretation of the meaning of such Court by the subsequent decision of the High Court Division and as well as Appellate Division do not recognise Revenue Officer dealing with mutation proceeding as a "Court" under the said provision. On perusal of the case decision reported in 53 DL..Category: Anti-Corruption Laws | Date: | Hits: 88
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
.... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ...... Rahman on behalf of petitioner, Iqbal Anwar, "cost", if at all, could have been awarded against the petitioner Iqbal Anwar and not against a respondent in the proceeding. III. Because High Court Division having awarded "compensation" to ..Category: Property Law | Date: | Hits: 28
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......s nationalised and was named as Rupali Bank and then the respondent No. 1 was promoted from time to time and in the year 1981 he was promoted to the post of Senior Principal Officer; a departmental proceeding was started against him in the year 1984 and consequently he was suspended on 18.6.1984;..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....l these petitions, the same are disposed of by this judgment. 2. Criminal Misc. Case Nos. 1837 of 2000 and 7253 of 2000 were preferred under section 561A of the Code of Criminal Procedure seeking quashing of the proceedings in G.R. Case No. 20 of 1997 arising out of Ramna P.S. Case No.76 of 1997......(In all the cases) Judgment March 27, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceeding before any court or tribunal and, consequently, it cannot be quash..Category: Anti-Corruption Laws | Date: | Hits: 152
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......en dispossessed from the land of schedule 'ga' they were constrained to file the suit seeking declaration of title in Respect of the land described in schedule 'Kha' and for a declaration that the proceedings of Settlement Case No. 264 of 1988-89 and Settlement Case No. 221 of 1988-89 were illeg..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....resh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing the proceedings against the appellant in the aforesaid G.R. Case No.1 of 1983 stating, int...... G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing the proceedings against the appellant in the aforesaid G.R. Case No.1 of 1983 stating, inter alia, that..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....nul Abedin J. - This appeal by leave arises out of the judgment and order dated 19.4.2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.732 of 2000 filed for quashing the proceedings in S.T. Case No. 381 of 1999 now pending before the learned Additional Metr...... - This appeal by leave arises out of the judgment and order dated 19.4.2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.732 of 2000 filed for quashing the proceedings in S.T. Case No. 381 of 1999 now pending before the learned Additional Metropolitan Sess..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......ka." 18. In the above application dated 13.05.2004 it was further stated that in pursuance to the aforementioned report the Superintendent V.P. and S.D.O. Sadar also recommended for dropping the proceeding for enlisting the case land as vested and non resident property and the contents of the..Category: Property Law | Date: | Hits: 40
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ...... case requires condonation of delay for doing justice to the parties. 16. It is the accepted principle of law that the justice is to be done evenly to the parties before the Court in a proceeding and not to one of the parties to the prejudice of the other when the party to whom justi..Category: Administrative Law | Date: | Hits: 102
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......s Officer of the Bank. While the petitioner was serving as second Officer of Amtali Branch an allegation was brought against him alleging that he recommended for sanctioning loan and a departmental proceeding being No.12/1995-1996 was started against him; the matter was enquired into by a two mem..Category: Administrative Law | Date: | Hits: 90
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....dure but the learned Magistrate after hearing both the parties rejected the same. The accused petitioner then moved the High Court Division under section 561A of the Code of Criminal Procedure for quashing the proceeding. The High Court Division after hearing discharged the Rule. 4. We ha...... learned Magistrate after hearing both the parties rejected the same. The accused petitioner then moved the High Court Division under section 561A of the Code of Criminal Procedure for quashing the proceeding. The High Court Division after hearing discharged the Rule. 4. We have heard Mr. ..Category: Criminal Law | Date: | Hits: 42
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