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Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....82 on 26‑11‑98 in class 30 for registering the mark 'Banoful Toast' and after advertisement of the mark in the trade marks journal the appellant filed TM 5 opposing the application which has been registered as Opposition Case No. 1624 of 2000. It appears that after filing of the opposition case ...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......t Judgment August 21, 2002. Cases Referred To- Crescent Pakistan Soap vs. Deputy Registrar of Trade Marks, 17 DLR (SC) 163; Sanatannessa Bewa vs. Haipatullah Sarker and others, 1989 BLD (AD) 1 = 41 DLR (AD) 105. Lawyers Involved: Dr. M Zahir with Syed Mahmudul Ahsan and Mohammad S..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....d. Rezaul Karim, is the investigating officer in this case. This witness has stated that on 10‑3‑96 he was the officer-in-charge of Burichang Police Station. At about 11‑15 PM on 10‑3‑96 he registered the Burichang police station Case No. 6 under sections 302/34 of the Penal Code on the ba......d. Abu Taher, PW 14 Jahirul Islam and PW 15 Md. Abdul Alim were tendered by the prosecution. The defence declined to cross-examine PWs 10, 13 and 15. 19. PW 11 Dr. Golam Mustafa Khan conducted the post-mortem examination on the dead body of deceased Abdul Halim Chairman. This witness has stated t......ondent Judgment December 25, 2003. Cases Referred To- Ismail Sarker vs State 33 DLR 320; Emran Ali alias Md Emran and others vs. State 37 DLR 1; Nowabul Alam and others vs. State, 45 DLR (AD) 140; Abdud Mannan and others vs. State 44 DLR (AD) 60; Safdar Ali 5 DLR (FC) 64. Muslimuddin & o..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....1 Abdul Gafur's house three/four months after second marriage with accused Khodeja Begum. In view of arbitration accused Shah Alam transferred some of his property to deceased Rokeya Begurn by way of registered deed of conveyance and took back deceased Rokeya Begum to his own house Accused Shah Alam......34 of The Penal Code. 39. Chapter XVI of The Penal Code deals with offences affecting life. 40. Sections 299 to 304 fall within Chapter XVI. Section 299 deals with culpable homicide Section 300 postulates murder and it is stated that culpable homicide is murder, if the act by which the death i......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......hari to Rangamati Operation and Maintenance Division should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a Sub‑Assistant Engineer, posted at Khagrachari Operation and Maintenance (O & M) section, in Khagrachari O & M Sub-Di......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......as also authorised to negotiate with the Government and other bodies to obtain approval from the competent authority to commence broadcasting which was stopped on 29‑8‑2002. Since taking over the post of chairman and chief executive officer of the company Mr. Abdus Salam has presided over the bo......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
.... 1 made an application under section 14(2) read with section 17 of the Arbitration Act, 1940 for an order directing upon the Umpire to file his award dated 22‑8‑2000 in Court. The application was registered as aforesaid Title Suit No. 182 of 2000. 3. In the application, it is stated that the ...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ......and learned Judge did not commit any error in rejecting such belated objection. 11. In support of his case, he cited the University of Dhaka and others vs. Associated Engineers and Drillers 4 MLR (AD) 427, MOL Enterprise Inc vs. Bangladesh 4 BLC 407 and Bholanath Mullick vs. Mahadev Mullick 56 CW..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....hedule from the east by breaking through the 593 feet long eastern wall. They took away stacked materials, rods, cement, bricks, sand chips etc. worth of 5,68,289, and/or damaged. The application was registered as Miscellaneous Case No. 26 of 2001 (violation). Notice was issued upon the defendants a......tion of the order of injunction dated 8‑8‑2001. In the application, it is stated that on 9‑8‑2001 the plaintiff informed the officers-in-charge of Joydebpur police station and Hotapara police post in writing of the order of injunction. On 13‑8‑2001 the process server duly served the writ......XIX rule 8 of the Code no such order for inspection can be passed without a notice upon the defendants. He cites the decision in the case of Mohammed Mobarak Hossain vs. Md Mostafa Hossain, 1987 BLD (AD) 263 = 40 DLR (AD) 20. It is true that rule 8 of Order XXXIX of the Code requires a notice to be ..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
.... appears that after the introduction of section 15 ka ka to the Bank Company Act, 1991 one of the shareholders of the Bank filed a Writ Petition challenging the legality of the aforesaid Act which is registered as Writ Petition No. 4809 of 2003 in the High Court Division and another shareholder of t......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......nce, but the learned trial Court arrived at a decision on guess and surmise. He then submits that the cause of death of the deceased has not been proved in this case, as the doctor who allegedly held post‑mortem examination on the dead body of the deceased, was not examined nor the alleged post‑...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65....... introduced the story of unnatural death of the deceased on falling into pond at the time of bath. Thus, the suo moto first information report was lodged by police officer on receipt of report of the post‑mortem examination as well as holding investigation in UD case bearing No.16 of 1992 so lodge...... Hakim J Dulal Mia (Md) ………………….Appellant Vs. State……………………Respondent Judgment July 21, 2003. Cases Referred To- Elias Hossain vs. State, 54 DLR (AD) 78; Abdus Salam vs. State, 19 DLR 98; State vs. Kalu Bepari, 43 DLR 249; State vs. Shafiqul Isla..Category: Criminal Law | Date: | Hits: 88
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......ng the termination of plaintiff's service as illegal and not binding on him and that the suit for declaration that he is still in service with the direction to allow him to continue in service in his post with all benefits, amounting to a mandatory injunction was not sustainable in law in view of th......dur Reza and others........................................Respondents Judgment April 8, 2009. Result: The appeal is dismissed. Cases Referred to- Rupali Bank Vs. Arab Ali, 7 BLD (AD); BSI Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; Managing Director, Rupali Bank Limited Vs. ..Category: Employment/Service Law | Date: | Hits: 95
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ...... order dated 5th November, 1998 allowed the application and directed that "the applicant (respondent) be deemed to be in service with effect from the date of his joining on 27th December, 1971 to the post held by him prior to his joining in the liberation movement. The attended service benefits shou...... order of the Administrative Tribunal. There is, therefore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ..Category: Administrative Law | Date: | Hits: 229
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....he Wakf property temporarily or permanently, it does not create any title and interest or ownership over the suit property. The suit property described in the schedule is the Waqf property and it was registered as Waqf property vide EC No. 7527 and the plaintiff petitioners admitted that defendant N......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......r……..Opposite-Parties Judgment November 24, 2001. Cases Referred To- Haji Afizuddin Ahmed vs. AKM Ashraf Ali, 19 DLR 775; Dilder Ahmed Chowdhury vs. Farooq Ahmed Chowdhury, 27 DLR (AD) 138; Burma Eastern Limited vs. Burma Eastern Employees Union, PLD 1967 Dacca 190 = 18 DLR 709; J..Category: Trust/Waqf Law | Date: | Hits: 187
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....-83 should not be declared to have been issued without any lawful authority and is of no legal effect. On an application under Article 102 of the Constitution at the instance of the petitioner No.1 a registered petitioner No. 2 carrying on business of catching fish have stated, inter alia, that the ......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ..Category: Civil Law | Date: | Hits: 115
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359........ He denied the defence suggestion that he was deposing falsely against the accused due to a boundary dispute with the accused. 24. PW 10 ASM Saifuddin, Medical Office of Feni Sadar Hospital, held post mortem examination on 22-8-94 on the dead body of Mohsena and found extensive burn injuries on ......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....ous Case. Then, on 4-8-99 opposite party No.1 made a fresh application under section 14(2) for making the award a Rule of the Court and for a judgment under section 17 of the Act. The application was registered as a title suit. How such application could be registered as a suit, we fail to comprehen......result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357.......result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357...Category: Procedural Law | Date: | Hits: 69
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....ant Nos. 5-12. Though Alimuddin paid the entire amount of Taka 4, 181, 28 against the allotment of Ka schedule property made in his favour on 16-7-60, but for certain problems he could not obtain the registered lease deed in respect of Ka schedule land and that in order to protect the interest of th......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......matter, the statement of the deposition of the plaintiff to the effect that “I cannot say in which SR Office the deed was registered. I had been living with my husband in Dhaka since before 25-8-77 AD including 25-8-77 AD” do not by itself prove that late Alimuddin on 26-8-77 did not execute the..Category: Property Law | Date: | Hits: 32
....
Khondaker Mahbubuddin Ahmed, Advocate—For the Defendant No. 6.
Transfer Suit No.1 of 1995.
Judgment
Md. Gholam Rabbani J.-This suit filed in the 1st Court of Assistant Judge, Dhaka, and registered as Title Suit No.92 of 1993 was withdrawn from that Court and this Bench is disposing of ......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
..
Category: Property Law | Date: | Hits: 72
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......es. He referred the patient to the Medical College Hospital for treatment. 17. PW 5 Dr. Diren Chandra Dev, lecturer in Forensic Medicine in Chittagong Medical College Hospital on 17-6-86. He held post mortem examination of the dead body of Abdul Mabud Master and found a number of injuries on it,......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..Category: Criminal Law | Date: | Hits: 76
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
.... 14.42 acre of land of CS plot Nos. 447, 448 and 495 appertaining to CS Khatian Nos. 50, 51, 52, 53 and 54 at present of Mohammadpur transferred, 2.06 acre of land to Abbad Ali alias Abbas Fakir by a registered deed No. 2648. Similarly, Moina Chowdhury exhausted all his interest in said land by tran......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
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