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Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....of Zakir Soap Factory been renewed by the Trade Mark Registry for a period of 15 years with effect from 22nd May, 1992, and so the said registration is valid till the year 2007 and that the people of Bangladesh are quite familiar with Trade Mark Ghari and Clock device owned by the plaintiff and thus......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......ondent under Order XXXIX rules 1 and 2 CPC and also rejecting the application of the defendant filed under Order VII rule 11 CPC. 2. The plaintiff, the proprietor of Zakir Soap Factory, filed the aforesaid Title Suit No. 3 of 1999 praying for an order of permanent injunction restraining the defen......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....ber and Abul Hussain ………Petitioner Vs. Secretary, Ministry of Home Affairs and others...……….Opposite Party Judgment June 17, 2002. Case Referred To- Habiba Mahmud vs. Bangladesh & others 45 DLR (AD) 89. Lawyers Involved: Md. Ozair Farooq with Monowar Hassai......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......the Criminal Procedure Code and thereafter the order of detention dated 12-2-2002 was issued by the learned District Magistrate, Dhaka under section 3(2) of the Special Powers Act, 1974 detaining him for a period of 30 days and the grounds of detention was served upon him duly. Subsequently, fresh o......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392...Category: Criminal Law | Date: | Hits: 22
....
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Chairman, Governing Body, Bangladesh Rifles School and College, Bangladesh Rifles Head Quarters, Peel Khana, Dhaka and others.......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......of the Inspector of Schools, Secondary and Higher Secondary Education Board, Dhaka addressed to Principal of Bangladesh Rifles School and College, BDR Head Quarters, Peel Khana, Dhaka.
2. By the aforesaid Memo, the Inspector of Schools directed the Principal of Bangladesh Rifles School and Colle......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497...
Category: Employment/Service Law | Date: | Hits: 133
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Managing Director, Bangladesh Krishi Bank, Head Office, 83-85, Motijheel Commercial Area, Dhaka-1000 and another.............nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......ate-on-Record- For the Petitioners N. K. Saha, Advocate instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented-Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 2055 of 2009. (From the judgment and order dated 09.07.2009 passed by the......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494...Category: Administrative Law | Date: | Hits: 258
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
.... (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sheikh Rezowan Ali J Zakir Hossain Munshi......................Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Con......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......ir Hossain Munshi......................Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce Ltd Vs. Titas Gas Transmission and Distribution Co. Ltd and another, 42 DLR 33; Shahabuddin (M......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....de by four brothers of Harnendra Kumar Majumder who resided in Calcutta before the Pakistan High Commission at Calcutta that there was an amicable partition among them by which, the property at Feni, Bangladesh fell in the share of Hamendra. This photostat copy was admitted into evidence without obj......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......th February, 1989 of the Subordinate Judge, Second Court, Dhaka in Title Suit No.77 of 1986. Appellants instituted the above suit seeking declaration of title in respect of .09 acres of land and also for declaring a deed dated 10th January, 1987 executed by the respondent No. 2 in favour of the resp......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....e, they come within the category of 'policy holders'. Section 46 of the Act of 1938 states that the holder of a policy of insurance issued by an insurer in respect of insurance business transacted in Bangladesh after the commencement of the Act shall have the right notwithstanding anything to the co......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ...... of 2002 is M/s. Islam Steel Mills Limited, and the respondent No.1 in the other two appeals is M/s. Karnaphuli Cotton Mills Limited (plaintiffs), who instituted Money Suit Nos. 44, 45 and 46 of 1994 for recovery of Tk. 28,03,624.45, Tk. 30,10,503, 74 and Tk. 68,27,299.42 respectively with the inter......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....rul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Mominul Islam...................................................Petitioner. Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Agriculture, Bangladesh Secretariat, Ramna, Dha......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......gust 1, 2010. Lawyers Involved: Alhaj Gias Uddin Ahmed, Advocate, instructed by Md. Taherul Islam, Advocate-on-Record-For the Petitioner. Not represented - the Respondent. Civil Petition for Leave to Appeal No. 1956 of 2009. (From the judgment and order dated 05.07.2009 passed by the......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474...Category: Administrative Law | Date: | Hits: 192
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
.... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149....... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......46 dated 14‑3‑2001 passed by the learned Subordinate Judge, Second Court at Sylhet in Title Suit No. 118 of 1999 which rejected an application made under section 10 of the Code. 2. Short facts for disposal of the Rule are, that the petitioners as plaintiff instituted Title Suit No. 67 of 1992...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....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.......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.......ht eye, neck and right thumb was found on a land by side of east bank of Sarwatali canal under Ashashida Mouza within Police Station Senbag. 2. Autopsy on dead body of deceased Rokeya Begum was performed by Dr ABM Abdul Motaleb (PW 11). PW I I found following injuries. 1. One lacerated injury ......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)
....ial Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Serajul Islam Bhuiyan (Md)……………………………………………………..Petitioner Vs. Bangladesh Water Development Board & others………………….Respondents. Judgment Ap......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....... the Diploma Engineering in Civil in 1979 and then joined in the service of Bangladesh Water Development Board, hereinafter to be referred to as BWDB as Sub‑Assistant Engineer in 1980 and he was performing his duties to the satisfaction of all concerned. The petitioner by transfer order dated 29â€......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)
....upreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................Respondents Judgment August 20, 2003. Ca......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.......a sensational legal battle in Writ Petition being No. 5050 of 2001 filed in the manner of a Public Interest Litigation challenging the licensing agreement dated 9‑3‑1999 between the Ministry of Information and Mr. AS Mahmud, former Chairman of ETV Limited. A Division Bench of the High Court Divi......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)
.... 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 CWN 223. 12. Only issue facing ...... 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. ......cted an objection to the award filed in Court. 2. It is stated that on 29‑11‑2000 opposite party No. 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 applicati...... 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. ..Category: Alternative Dispute Resolution | Date: | Hits: 161
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....m of Association and Articles of Association. It is further contended that the Managing Director is the Chief Executive of the Bank who is appointed by the Board of Directors with the approval of the Bangladesh Bank and the Managing Director is also ex-officio Director of the Bank and he does not ha......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....... Contempt Petition No. 3 of 2003. Judgment Syed Amirul Islam J.- This contempt Rule was issued calling upon the contemner opposite parties to show cause as to why they shall not be committed for contempt of Court for dishonoring, disregarding and non compliance of the direction given in the......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
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
....-Inspector of Police (SI) of Gulshan PS that petitioners Sirajul Islam and Md Nazrul, have by way of storing and selling banned polythene shopping bags, violated the provisions of section 6 Ka of the Bangladesh Environment Conservation Act, 1995 (বাংলাদেশ পরিবেশ সংর...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ......ers. Not represented- the Opposite Party. Criminal Miscellaneous Case No. 11194 of 2003. Judgment Zinat Ara J.- This is an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings of Environment Case No. 4 of 2003 of the Environment Court, Dhaka. ...... entertain this application under section of 561A of the Code of Criminal Procedure and, as a result, the application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 62. ..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
.... appeal then no difficulty is created by the word 'thereto'." 33. At the time of decision, provisions under section 115 of the Code of Civil Procedure were the same in Pakistan, India and here in Bangladesh. The High Courts in such countries were empowered to exercise the discretion of revision ......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......C) 389; SS Khanna vs. FJ Dillon, AIR 1964 SC 497; Vidya Vati vs. Devi Das, AIR 1997 SC 397; Zyta Garments Limited vs. Union Bank Limited, 55 DLR (AD) 56; Gooryolny (Bd) Textile Limited vs. Chartkan Information Textile Limited and others, 54 DLR (AD) 70; Tanni Knit Wear Limited vs. DGM, Sonali Bank a......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
.... several reported decisions of this Court cited in the case, which are binding on the Court below, including the High Court Division, under Article 111 of the Constitution of the People's Republic of Bangladesh, which the High Court Division ignored with an observation that "the decisions cited from......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.......ging the rule. 2. The facts, in short, are that the respondent No.1 Syed Abedur Reza as plaintiff instituted Title Suit No.97 of 1982 in the 1st Court of Munsif (now Assistant Judge) Sadar, Sylhet for declaring that the termination of the job of the said plaintiff as Senior Assistant in Uttara Ba......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...Category: Employment/Service Law | Date: | Hits: 95
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....(2012) 201. ......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. ......if preserved, along with the particulars of his service period and secondly, whether in the absence of special circumstances determined by the government the respondent's continuous absence from duty for more than five years the Administrative Appellate Tribunal is justified, in treating him to be s......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. ..Category: Administrative Law | Date: | Hits: 229
Karam Ali Vs. State, 2001, 30 CLC (HCD)
.... a further period of 6 months are affirmed. 28. Send a copy of this judgment to the Hon’ble Minister, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind p......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......er dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No. 7 of 1994 convicting Karam Ali under section 399 of the Penal Code sentencing him thereunder to suffer RI for 7 years and to pay a fine of Taka 2,000 only, in default, to suffer RI for a further period of 6......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...Category: Criminal Law | Date: | Hits: 97
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
...., Ministry of Land and others……………………………Respondents Judgment February 2, 1999. Case Referred To- Al Haj Bashar being dead his heirs Hosne Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11. Lawyers Involved: AKM Faiz, Advocate—For the Petition......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......d Advocate—For Respondent No.1. Writ Petition No. 2277 of 1996. Judgment Md. Abdul Matin J. - This Rule was issued calling upon the respondents to show cause as to why they should not perform the function of releasing the unused acquisitioned properties in LA Case No. 44 of 1959-60 not ......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ..Category: Property Law | Date: | Hits: 28
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