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Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ...... the said branded cigarette is that manufacture of the applicant for rectification and of nobody else and in registering the Trade Mark of the appellant the respondent No. 1 failed to comply with the provisions of section 8(a) and section 10(1) of the Act in that the Trade Mark of the appellant clos..Category: Intellectual Property Law | Date: | Hits: 226
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......ea is to be displaced, strict liability must be required to give practical effect to the legislative intention. Statutes which take away the rights of parties under the ordinary law, particularly the provisions which impose penalty, have to be construed strictly. The Courts must see that the person ..Category: Criminal Law | Date: | Hits: 43
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......ity, if some force is not applied no clue can be found out from hard-nut criminals. Obviously, this is the view of the police but we cannot shut our eyes to the fact that this view is contrary to the provisions as we find in part III, of the Constitution specially, Articles 27, 30, 31, 32, 33 and 35..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....of an independent judgment and will not therefore amount to credible information. The abuse of police power is not only peculiar to our country but it is widespread. Section 60 of the Code contains a mandatory provision requiring the police officer making an arrest without warrant for producing the ......s of the law enforcing agencies are not only deprecatory but also contrary to Articles 27, 31, 32 and 33 of the Constitution. 9. In the aforesaid background a pertinent question arises whether the provisions of the Code authorise a Magistrate to make such orders of custody in different cases on a..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......e election tribunal being not a civil court this revisional application under section 115 of the Code of Civil Procedure was not maintainable. The learned Advocate has invited my attention to various provisions of Union Parishad Ordinance, 1983 and submits that the election tribunal was set up by th..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....ur months from date of receipt of the order dated 27‑11‑2002 of the High Court Division in Criminal Appeal No. 3161 of 2002, learned Assistant Attorney-General submits that said direction was not mandatory in nature, rather it was directory and, as such, non‑compliance of the same by Court bel......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......্ডেও দণ্ডনীয় হইবেন। 38. In the Ain of 2000, also, the words "whoever kidnaps or abducts any woman of any age", also, did not find place. 39. If we look to the provisions of law incorporated in the Ain of 1995 and Ain of 2000 wherein punishment for commission ..Category: Criminal Law | Date: | Hits: 64
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......under the Ain are non‑bailable as provided under section 19(2). Thereafter sub‑section 3 এই আইনের অন্যান্য বিধান সাপেক্ষে (subject to order provisions of the Ain) lays down certain condition and restriction and clauses (Ka), (Kha) and (Ga)...Category: Criminal Law | Date: | Hits: 43
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......a similar advantages in the vicinity during the twenty‑four months preceding_ the date of publication of the notice under sub‑section 1 of section 4:" (Emphasis, supplied). 26. Under the above provisions of the laws, which are in Para Materia, for the purpose of acquisition, the price of the ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....re the ends of justice. (v) Under the section the Court is empowered to issue summons and examine a witness even without any prayer from any party and hearing of any party is neither necessary nor mandatory. 7. It may be mentioned that though filing of the application under section 540 of the ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......d by the registration authority, the customs authority has got sufficient power to determine the value of the merchandise on the basis of tariff value. 4. The High Court Division discussed various provisions of the Customs Act and found that Section 25 (A) of the said Act contains provision for g..Category: Fiscal/Taxation Law | Date: | Hits: 86
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......has been sought. The application as framed and filed was not maintainable. The High Court Division also failed to consider that the School authority, has passed the dismissal order complying with the provisions of the relevant Service Regulations, 1979 and that the impugned order has been passed by ..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......he meaning of the arbitration clause 18 of the contract, which can only be decided by the Tribunal of the MCCI as agreed by the parties only in accordance with said arbitration clause. In view of the provisions of sections 7 and 10 of the Act, further proceedings of the suit is to be stayed and the ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......dence and considering other facts and circumstances of the case, investigating officer submitted charge‑sheet against the accused Shamsul Alam and Abdur Razzak. Thus the prosecution, mitigating the provisions of law, has been able to prove the factum of identification of the accused persons by the..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....লার দায় হইতে অব্যহতি দেওয়া গেল।" The learned Advocate for the petitioner then submits that under section 265C of the Code of Criminal Procedure the mandatory duty of the trial Court is to consider the record of the case and documents submitted ther......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....ed by the attorney is perfectly valid and appropriate. Same view was taken in the case reported in 1996 BLD (AD) 206As regard second point advanced by the learned counsel for the petitioner regarding mandatory application of section 247 of the Code of Criminal Procedure when the complainant is found......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......f consent of the court in allowing withdrawal, it may be mentioned that section 6(1) of the Act was previously as follows: "Procedure in Trial of Cases and Powers of Special, Judge.‑ (1) The provisions of the Code of Criminal Procedure, 1898, except those of Chapter XXXVIII of that Code, sh..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......at the alamats Exhibits 2, 3 and 7 have been seized in connection of this case. 23. Mr. MA Malek, learned Counsel, submits that the evidence of PW 2 must be excluded from consideration because the provisions of sections 337 and 338 of the Code of Criminal Procedure have not been complied with. He..Category: Criminal Law | Date: | Hits: 110
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ...... Vs. Bangladesh reported in 52 DLR (AD) 120. 7. Mr. Abdur Rezzaque Khan, the Additional Attorney‑General, on behalf of respondent No.2, has submitted that respondent No.2 did not violate the provisions of law and section 8 of the Act XX of 2000 is not violative of Articles 133 and 136 of th..Category: Employment/Service Law | Date: | Hits: 116
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....he impugned judgment discharged the rule. 4. Mr. Md. Fazlul Karim, learned Counsel appearing for the petitioner contends that the provisions of Order 23 Rule 1(2) of the Code of Civil Procedure is mandatory and provides for recording reason as to formal defect of the suit. According to the learne......f 2010. A Division Bench of the High Court Division thereafter by the impugned judgment discharged the rule. 4. Mr. Md. Fazlul Karim, learned Counsel appearing for the petitioner contends that the provisions of Order 23 Rule 1(2) of the Code of Civil Procedure is mandatory and provides for record..Category: Procedural Law | Date: | Hits: 115
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