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Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......any is a world-wide reputed company and the trade mark 'Crocodile' is being used in the whole world. 13. Considering the facts and circumstances of the case and the impugned orders, we require the documents filed by both the parties as additional evidence to pronounce the judgment and accordingly..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......cal witness PW 7 also corroborated those aspects. 30. The informant having died could not be produced. But the ejahar (Exhibit 1) was properly admitted in evidence having been proved by PW 1. This document also corroborates the said aspects of the occurrence. We find nothing to disbelieve such ev..Category: Criminal Law | Date: | Hits: 43
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....resses shown in the plaint of Other Suit No. 105 of 1983 and in view of the evidence on records the trial Court ought to have decreed the suit but the failure of the Judge has caused a miscarriage of justice. He next submits that the finding of the Court below is based on misreading of evidence and ......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...Category: Criminal Law | Date: | Hits: 97
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l even against the decision of his higher authority like Additional District Magistrate and the admitted wrong will stand without any remedy which should not be allowed to continue in the interest of justice. In fact, there can be no wrong without any remedy. Moreover, it is equally an absurdity to ...... no substantive punishment is found to have been awarded, prescribed by section 471 of the Penal Code which runs as follows: "Section 471.- Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the s..Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....and documents have not been found to be suspicious or unauthentic or spurious. Hence, we are of the view that the learned trial Court had rightly admitted the said documents into evidence for ends of justice and for proper and effective adjudication of the suit. It is clear from the above view that ......and the title papers were taken by their father by granting them a receipt; that father Abul Kashem granted two receipts on 24-12-1984 being money receipt and on 14-12-1990, acknowledgment receipt of document and that the plaintiff petitioner No. 1 by a memorandum dated 27-7-1977 acknowledged that h..Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....the defendant No. 5 by reason of section 146 of the Code of Civil Procedure. That the rejection of the memo of appeal in question was made not in accordance with law and thereby caused miscarriage of justice to the petitioner and, as such, the impugned order is liable to be set aside. 4. Heard Mr......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....Senior Assistant Judge or Assistant Judge, from which no appeal lies: and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Division may revise such decree or order and, make such order in the suit or......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..Category: Procedural Law | Date: | Hits: 90
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ew, it is only the words "NABICO'' and নেবিকো used in the impugned trade mark, which may be said to bear similarity to the trade mark of the petitioner. To that extent I feel that ends of justice will be met if the registration of the opposite party No. 1 is varied and the word "NABICO" ......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....d permit the complainant's Counsel to conduct the proceedings on his behalf under his directions. 29. Alternatively, and that may meet the situation more adequately, Government, in the interest of justice, could notify the complainant's Counsel as special public prosecutor for the conduct of the ......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ..Category: Criminal Law | Date: | Hits: 41
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....ed. 17. Now the point for determination is, whether the learned Court below committed any error of law in passing the impugned judgment resulting in an error in his decision occasioning failure of justice and whether the petitioner is entitled to get relief as prayed for. 18. The learned Advoc......rman, union Parishad, by his Order dated 21-2-1963 directed the plaintiff to seek remedy in the civil Court. The defendant No. 1’s claim is based on an alleged patta dated 15-4-1957 which is a void document. Due to threat of illegal dispossession by the defendant, the plaintiff instituted Other Su..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....nd decree passed by the learned lower Court are neither proper nor in accordance with law and, as such, the impugned judgment and decree caused serious injury to the petitioner occasioning failure of justice. 12. The learned Advocate for the petitioner referred the case of Serajul Islam Vs. Helan......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....urt. Moreover, the contemners Harun Chowdhury as the District Magistrate of Sylhet and Mustafa Kamal as the Superintendent of Police, Sylhet are very much involved with the administration of criminal justice and maintenance of law and order in the district. It is their bounden duty to obey the order......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
.... High Court Division may interfere in order to prevent vexatious trial and as such the impugned judgment and order passed by the High Court Division is liable to be set aside for securing the ends of justice. He submits that the High Court Division committed an error of law on the face of the reco......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75........ The plaintiff-respondent submitted their statement before the Umpire as per direction of the Umpire. Besides that the Arbitrators of the respective parties also submitted their respective awards, documents and papers filed before them to the Umpire. 4. The Umpire having issued notices on the ..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ity computed from 1995. The respondents also state that the impugned order reflects an attempt by the concerned authority undertaken with bona fide intention to mitigate an anomaly and thereby secure justice. In that view of the matter, the respondents state that the impugned order is correct and la......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ..Category: Employment/Service Law | Date: | Hits: 79
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....uestion of limitation as has been held by the learned Joint District Judge has been utterly misconceived whereby he committed error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate submits further that the learned Joint District Judge committed ...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o hold a fresh auction after about 14 months keeping the plaintiff in uncertainty for such a long period. Mr. Mainuddin further submits that such action was also violative of the principle of natural justice and also harassment of the plaintiff whose business money was blocked for long time with the......tiff had prima facie case; (IV) Whether the plaintiff was entitled to the relief prayed for. In the trial, the plaintiff got two witnesses examined including the plaintiff himself and exhibited three documents and submitted some other documents through 'firisti' and, on the other hand, the defendant..Category: Business or Commercial Law | Date: | Hits: 209
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....ct Judge acted in excess of his jurisdiction in granting stay in Title Suit No. 12 of 2002 of all further proceedings of Title Execution Case No. 1 of 2002 which has, no doubt, resulted in failure of justice. 22. In the result, the Rule is made absolute with cost. Impugned order dated 27-7-02 pas...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....s that since the kabuliat was executed and registered, it could not be cancelled without issuing a show cause notice upon the opposite-parties, such action being violative of the principle of natural justice. It was further submitted by Mr. Khan that the lower appellate Court considered the evidence......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
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