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Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......J.- This Rule involved a question as to whether a Magistrate can take cognisance of an offence on final report without examining the complainant on naraji petition. 2. The short facts relating for disposal of this Rule are, that the complainant had a good relationÂship with the accused petit......t on naraji petition. 2. The short facts relating for disposal of this Rule are, that the complainant had a good relationÂship with the accused petitioner who having felt in dire need of cash money, approached the complainÂant and the complainant gave him Taka 16,00,000 with condition that ..Category: Criminal Law | Date: | Hits: 27
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
.... as CIB) of Bangladesh Bank classified the loan of the aforesaid company and showed the petitioner as a defaulter for non payment of loan sanctioned in favour of the aforesaid company. The petitioner claims that the CIB Report showing him as a bank defaulter is illegal and without lawful authority b...... pursuant to sanction letter dated 7-5-1996 and the said loan was to be repaid in 6 years in 11 instalments ending on 14-5-Â2002. Although the borrower Company suffered serious loss and difficulties for political and other reasons nevertheless it paid instalments of the sancÂtioned loan to the ban......e petitioner has only 2.5% share of the total share holding of the company, and the company is the borrower and the petitioner has merely provided his personal guarantee to the bank to repay the loan money which at best makes him a guarantor of the loan and not a defaulter borrower (খেলাপà..Category: Banking Law | Date: | Hits: 125
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....hat the trademark "Red Cow" was also registered in the name of opposite party No. 1 under the trademark No. 62724 dated 28-11-1999 in class-29, which is now impugned in the instant application. It is claimed by the petitioner that the entry relating to registered trademark No. 62724 in class-29 is a......No. 11 of 2002. Judgment Md. Imman Ali J.- New Zealand Milk Brands Ltd filed the instant application under section 46 of the Trade Marks Act, 1940 (hereinafter referred to as "the Act") for rectification of the Register of Trade Marks by removal of registered trademark No. 62724 in Cla......e-M of the petitioner's affidavit-in-reply dated 12-6-2003, he pointed out that in Money Suit No. 13 of 2002, which was later numbered as Money Suit No. 20 of 2002, the plaintiff, Nurul Islam filed a money suit against Unilac Australia Pty Ltd. In that suit, the plaintiff filed an application for at..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
.... the lower appellate Court without considering the registered deed and also the oral evidence of the witnesses partly decreed the suit. He further submits that the defendant on the basis of the Patta claimed his right and title over the suit land. But the Patta procured by the defendant appeared to ......dgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of facts no interference is called for in the revision under section 115(1) of the Code of Civil Procedure. ………………………......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ..Category: Property Law | Date: | Hits: 40
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
.... Nazimuddin was not insane but the High Court Division erred in law without reversing that finding made the Rule absolute. 7. The learned Advocate for the appelÂlants argued that the defendant is claimÂing over the suit property by dint of a deed dated 22.02.1958 and the plaintiff is to seek re......olved in case, in short, are that the predecessor of respondent Nos.1 and 59-61 instituted the above Title Suit No.207 of 1981, which was subsequently renumbered as Title Suit No.391 of 1984, praying for a decree for partition in respect of the suit land described at the schedule 'Ka' to the plaint ......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ..Category: Property Law | Date: | Hits: 28
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......ief, are: The petitioner obtained lease of the disputed land measuring 0.27 acre of JL No. 275 appertaining to CS plot No. 475 pursuant to a deed of lease dated 13-6-1987. The land was taken on lease for the purpose of establishing a 'petrol pump' and a 'servicing centre'. Initially, the lease was g......er would use the land for the purpose of washing vehicles, supply of oil (petrol, diesel, mobil, etc.). The leasehold property was a very low lying land and the petitioner had to spend huge amount of money to develop it for the purpose of establishment of a 'petrol pump'. After that, the petitioner ..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....abatement of LA Case No. 34 of 1993-1994 and publish the same in the official Gazette and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners claim to have purchased an area of 283/4 decimals of land in Mouza ShamsharaÂbad, Lakshmipur within......an No. 340 in the District of Lakshmipur from its recorded owners by registered kabala Nos. 10230-10231 dated 6-5-1984 and kabala Nos. 3786-3789 dated 20-3-1991. The petitioners after purchasing the aforesaid land constructed residential houses there in accordance with the approved plan after obtain......Rule. 4. It is stated that the decision to acquire land by the aforesaid LA proceedings was finalised by the Deputy Commissioner, Lakshmipur on 12-6-Â1994. Thereafter, the requiring body made the money available to the Deputy Commissioner on 8Â6-1995 for payment of compensation to the affected ..Category: Property Law | Date: | Hits: 57
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....m. Out of them, accused Dr. Roushan Alam, Kajal Ahmed Jalali, Khorshed Alam and Humayun Kabir @ Phool Mia were present. before the Tribunal at that time and they pleaded not guilty to the charges and claimed to be tried. The remaining accused persons namely Abdul Mannan @ VP Mannan, Ziauddin @ Bayes......orresponding to GR Case No.237 of 2001. 2. By the said judgment the Tribunal also convicted (2) accused Dr. Roushan Alam under sections 302/120B of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Taka 1,00,000(one lac), in default, to undergo rigorous imprisonm......w, was present at the time when she signed on the Ejahar. She also heard from Deen Mohammad that the dead body of Shujan was kept in the Dhaka Medical College Hospital. She admitted that she received money of the Insurance Company after the death of Shujan. It is also available from her testimony th..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....b impression (LTI) in execution of the Kabala. Finding that no credible or substantial evidence had been adduced by or on behalf of the plaintiff either to show and prove the nature and extent of her claimed ailment at the time, and the manner in which she may have been induced to affix her LTI seve......rther order or orders passed as to this Court may seem fit and proper. 2. It is the petitioner's case that the opposite party No. 1 as plaintiff on 30-5-2000 instituted Title Suit No. 78 of 2000 before, the Court of Senior Assistant Judge, Barguna for cancellation of Kabala dated 5-1-1991 by reas...... Court has, and in apparent disregard of the trial Court's judgment, concerned itself with obscure aspects of statements of witnesses pertaining to, for example, the manner in which the consideration money may have been handled by different persons at the time of registration, and the absence of any..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....and the buyers about the true origin of the goods marketed under the name "Diploma" and resulting in decreasing turnover and loss of goodwill and business reputation of the petitioner. Bonlac further claims that being unaware of the legal provisions relating to registration of trade marks, it failed......f 2002. Judgment Md. Imam Ali J.- This application was filed by the petitioner, Bonlac Foods Limited (hereinafter referred to as "Bonlac") under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trademark No. 33243 in......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....f the document or the nature of the alteration. 463. Whoever makes any false document or part of a document, with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implie......y the proceedings in CR case No. 509 of 2000, now pending in the Court of Magistrate, 1st Class, Madaripur, lodged by the complainant opposite party No.1, under sections 467/468/471 of the Penal Code for commission of offence of forging valuable documents by the accused petitioners should not be qua......ransfer any valuable security, or to receive the principal interest or dividends thereon, or valuable security or any document purporting to be an acquaintance or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of any movable property or valuable security, ..Category: Criminal Law | Date: | Hits: 28
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....34) of the Ordinance and income, includes any loss of income, profits or gains. Thus it is apparent and clear that the finding of the Appellate Tribunal that the assessee applicant is not entitled to claim any entertainment allowance in the assessment as it suffered loss is not correct and cannot be......r dated 29-5-94 passed by the Taxes Appellate Tribunal, Chittagong Bench, Bangladesh in ITA No. 2469 of 1993-94 (Assessment Year 1991-92). 2. The assessee applicant company filed income tax return for the assessment year 1991-92 showing loss of Taka 62,97,836 which include loss amount of Taka 5,5...... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132...Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......Bhaskar Chakraborty, the accused petitioner, in Tejgaon Police Station Case No. 67 dated 20-9-2000, initiated under sections 406/420 of the Penal Code comprised in GR Case No. 3452 of 2000, pending before the Chief Metropolitan Magistrate, Dhaka, obtained this Rule under section 561A of the Code of ...... with the accused petitioner, which he did not pay to the company, Lever Brothers Bangladesh Ltd. As such, he committed offence of criminal breach of trust and cheating by way of misappropriating the money as agent of the Lever Brothers Bangladesh Ltd. 4. Police commenced investigation and af..Category: Criminal Law | Date: | Hits: 81
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
....lat No. 3. 3. At the trial the convicted-appellants were charged under sections 8(2) and 12 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, to which they pleaded not guilty and claimed trial. 4. To establish the charge prosecution brought and examined 10 PWs and the def......i-o-Shishu Nirjatan Daman Bishesh Adalat 3, Dinajpur convicting the appellants under section 8(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to rigorous imprisonment for 14(fourteen) years each with fine of Taka 10,000 (ten thousand) in default to rigorous imprisonm......nnocence. The further case of the defence was that accused persons were rice dealers and used to purchase rice from Hilli border for sale at Noakhali, Chittagong and other areas and over snatching of money from them by the BDR when they gave out to report the matter to the higher authorities the cas..Category: Criminal Law | Date: | Hits: 84
....bitration cases by filing written objections stating that the Deputy Commissioner, Narayanganj, assessed the valuation of the lands acquired legally as per Government Circular. The appellant further claimed that there was not basis of claim of the land-owners and they have filed the case for illega......e facts involved in the cases, in short, are that 0.59 acres of land of Mouza Hariharpara under Police Station Fatulla, District-Narayanganj were acquired by the Government in LA Case No.2 of 1987-88 for Bangladesh Small Cottage Industries CorporaÂtion to set up a Hosiery Industrial Estate. The sai...... compensaÂtion at the rate of Taka 3,80,2000 per acre. In arbitration revision cases the Subordinate Judge and Arbitrator assessed the compensaÂtion at the rate of 10% per annum on the compensation money from the date of taking possession thereof and also awarded cost; that in arbitration revision..
Category: Property Law | Date: | Hits: 37
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......Advocate-on-Record- For the Petitioner. Ruhul Quddus, Advocate instructed by Md. Zahirul Islam, Advocate-on- Record- For Respondent No.1. Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 354 of 2009. (From the judgment and order dated the 18th day of May, 2009......Jamal Uddin for his business purpose on 14.08.2002 took TK. 5,00,000.00(five lacs) from the complainant, Dr. A.B.M. Morshed Alam Chowdhury as loan at his house but the accused did not re-pay the said money to him in time; as a result, he requested the accused to pay the same and at one stage of requ..Category: Criminal Law | Date: | Hits: 39
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......: Rokanuddin Mahmud, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate- on-Record- For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 265 of 2009. (From the judgment and order dated the 2nd day of June, 2009...... the said society and she obtained loan of TK. 23,00,000.00 with a condition to pay the said loan within 90 days but failed to pay in time although same amount was paid; that the accused paid part of money by cheque dated 15.02.2006 from saving account of Rupali Bank No.902209 of amount of TK.54,83,..Category: Criminal Law | Date: | Hits: 45
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....en the plaintiffs met the defendant Nos. 2-3 on 21st October, 1999, and thereupon, the plaintiffs filed the suit. 3. The respondent Nos. 1-3 contested the suit by filing a written statement. Their claim is that the land being the excess land of the ex-landlords vested in the Government, and accor......ers………………Respondents Judgment August 1, 2010. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 2530 of 2009. (From the judgment and order dated 27.10.2009 passed by th......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ......d by A. K. M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented- Respondent Nos. 3-4. Civil Petition for Leave to Appeal No.1749 of 2009. (From the judgment and order dated the 2nd day of June, 2009......s mischief was done at the instance of one Nironjon, who lives under Char Bhadrashon Police Station being the brother’s son of defendant No.2 and that the defendant No.2 in fact did not receive any money and that she did not aware as to the transfer at all and it was done by Niranjon in collusion ..Category: Property Law | Date: | Hits: 29
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
.... for commissioning the trawler after purchase from BSRS. Apart from the above letter, annexure-H, the appellant failed to produce any documentary evidence in the High Court Division in support of its claim that the authority granted any licence for commissioning the trawler in question for catching ...... Appeal No.195 of 2004. (From the judgment and order dated 24.4.2000 passed by the High Court Division in Writ Petition No.2023 of 1995.) Judgment SK Sinha J.- By leave the appellant sought for review of the judgment and order dated 24th March, 2002 of this Division in Civil Petition No.62......e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ..Category: Property Law | Date: | Hits: 34
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