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Solaiman Ali (Md.) trading as Aarman Soap Factory Vs. Md. Abul Hussain, trading as Munni Soap Dhaka and another, 2001, 30 CLC (HCD)

....a” for the first time in and applied for its registration to the Branch Trade Marks Registry, Chittagong under application No. C-7167 in class-3 on 23rd April, 1996 (Annexure-A). 3. The opposite party No. 1 imitated the trade mark of the petitioner and filed an application for registration of t...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 294. ..

Category: Intellectual Property Law | Date: | Hits: 167

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....e –v-Bolto, 410 US 179 1973, Brown-v-Topeka Board of Education, 347 US 483 1954, Elyler-v-Doe, 457 US 202 1982, League of United Latin American Citizens-v-Wilson, 908 F. Supp. 755 C.D. CAL. 1995, Department of Human Resources-v-Smith, 494 US 872 1990, Cooper–v-Aaron, 358 US i 1958 17, E.I. Apthe......estigated into the incident on turn and then submitted a final report. A Deputy Commissioner of Chittagong Metropolitan Police, however, at that stage set the Detective Branch into motion for further investigation and, a Sub-Inspector of the said branch transmitted a Police Report in affirmative ter..

Category: Constitutional Law | Date: | Hits: 482

Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)

....to impose, by notification in the official gazette, exempt any goods imported into, or exported from (Bangladesh), or into or from any specified port or station or area therein, from the whole or any part of the customs-duties chargeable thereon.” (2) An exemption granted under sub-section (1) ......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...

Category: Fiscal/Taxation Law | Date: | Hits: 62

Nisha Rani Devi Vs. National Board of Revenue, Peoples Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....giving credit for the tax paid in pursuance of the provisions of sub-section (1) of section 12. (3) If the Deputy Commissioner of Taxes is not so satisfied he may, after (calling for) such further particulars and such books of account and documents as he may require, determine the tax payable. ......and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)

....such distinctiveness that any reference to the trade mark “Baghabari Special Khati Gawa Ghee” referred to the product manufactured and marketed by the petitioner and none else. 4. The opposite party No.1 secretly filed an application for registration of the trade mark consisting of the words ......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...

Category: Intellectual Property Law | Date: | Hits: 200

Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)

.... dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money Suit No. 31 of 1995 in the Court of Second Subordinate......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215...

Category: Company Law | Date: | Hits: 197

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....ority to detain a person for maintaining the public safety and public order. Mr. Islam referred to the grounds for detention Annexure J of supplementary affidavit and has pointed out that in the last part it is mentioned that in consideration of the overall law and order situation in the country, th......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..

Category: Constitutional Law | Date: | Hits: 195

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

....l chairman without knowing the details of occurrence. He just informed the police that a murder took place in his locality and the police went to the place of occurrence making a GD Entry for their departure from the police-station which is a requirement as per police regulation and on going there t......rawn against the prosecution for withholding material witness and PWs 4, 5, 6, 7, 8, 9 and 10 are not the eye-witnesses. 7. He further submits that before recording of first information report the investigation was started and the first information report alleged to have been writing by a “Muns..

Category: Criminal Law | Date: | Hits: 42

Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)

....hort facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate Judge, Barguna being Title Suit No.18 of 1987, praying for setting aside the ex parte decree dated 6-7-78 passed in Title Suit No.116 of 1977. It was contended by the plaintiffs of......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...

Category: Procedural Law | Date: | Hits: 81

Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)

....nior Assistant Judge, Barguna in Title Suit No.17 of 1998 rejecting an application under Order 7, rule 11 of the Code of Civil Procedure. 2. Brief facts of the case is that, the plaintiff opposite party No.1 filed Title Suit No.17 of 1998 in the said Court for declaration that the impugned auctio......of limitation and of res judicata raised in the application under Order 7 rule 11(d) of the Code for rejecting the plaint of the present suit, are mixed questions of law and fact, which need thorough investigation on adequate evidence for arriving at a correct decision on framing specific issues by ..

Category: Property Law | Date: | Hits: 64

Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)

....,00,000 on the basis of private negotiation with the respondent No. 2 and directed fresh auction fixing 4-12-2000 for open auction. On 23-11-99 the petitioner filed an application for adding him as a party and also filed a chalan and filed another application for passing the chalan for depositing th......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..

Category: Civil Law | Date: | Hits: 76

Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)

....an application filed by the accused petitioner Abdus Salam, Chairman and Managing Director of Chistia Group of Companies under section 561A of the Code of Criminal Procedure calling upon the Opposite party No.1 Munshi Md. Rashed Kamal and the State to show cause as to why the Proceedings of CR Case ......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ..

Category: Criminal Law | Date: | Hits: 62

Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)

....mder with Md. Ismail Miah, Advocates—For Contemner-Opposite Party No. 1. Contempt Petition No. 3 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued against the contemner-opposite party No. 1 to show cause as to why he shall not be committed for contempt of Court and punished acc...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..

Category: Intellectual Property Law | Date: | Hits: 181

Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)

....ordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite party No. 1 as plaintiff filed Title Suit No. 9 of 1994 in the Second Court of Subordinate Judge, Dh......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ..

Category: Property Law | Date: | Hits: 28

Kashem Vs. State, 2001, 30 CLC (HCD)

.... appellant at the trial, the seizure list, the evidence of the witnesses examined by the prosecution as well as the impugned judgment. 12. To correctly appreciate the contentions of the contending parties and to arrive at a proper decision in the case it is necessary for us to scrutinise the mate......e year. 2. The prosecution case, briefly stated, is that SI Md. Raisuddin accompanied by a contingent of police force, went to the house of accused Kashem of village Omalpur in connection with the investigation of Bhairab PS case No.13 (7) 93 and arrested him. On interrogation, accused Kashem con..

Category: Criminal Law | Date: | Hits: 37

Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)

....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184....... 2. Mr. Md. Abdus Sobhan, learned Advocate for the petitioner, has submitted that the present petitioner is not First Information Report named accused nor charge-sheet was submitted against him after investigation by the Police officer of the thana concerned. He further submits that charge-sheet was..

Category: Procedural Law | Date: | Hits: 65

Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)

.....5 Sajiran went to the house of her deceased daughter along with P.W.s 6 to 9 and found her daughter lying dead covered with a quilt. She un-covered the quilt and found marks of injuries on different parts of her body and suspected that her daughter was murdered and she went to local police station ......tion, lodged a suo motu first information report against accused appellants for murdering deceased Joynab Banu and disposed of the UD case through final report submitted by him. 3. He then took up investigation of the case, visited the place of occurrence, prepared sketch map with index, examined..

Category: Criminal Law | Date: | Hits: 28

State Vs. Moslem, 2002, 31 CLC (HCD)

....regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by society, more particularly, in cases of heinous crimes and Court should impose proper punishment befitting the cri......First Information Report which is marked Exhibit-II. He stated that regular case had been started with Police Station on 22‑11‑1995. 34. PW 23 A Rahman is the Investigating Officer who took up investigation of the case on 22-­11‑1995. He stated that accused Moslem made contradictory and di..

Category: Criminal Law | Date: | Hits: 82

Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)

....laint taking stand that the defendant-tenants were defaulters in payment of rent. The defendant-tenants did not contest the suit in spite of the service of notice upon them. The suit was dismissed ex parte against the defendant-tenants. Plaintiffs of the said suit (petitioners) put the decree into e......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...

Category: Civil Law | Date: | Hits: 66

Engineer Consultants and Associates Ltd. Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....wed another amount of Taka 6,44,000.00 out of the liability for bills payable account. Against that assessment order the applicant preferred an appeal to the Appellate Joint Commissioner of Taxes who partially allowed the appeal by his order dated 9-2-86 and being aggrieved by the aforesaid appellat......in favour of the applicant. Accordingly this reference is answered in the negative and the parties are left to bear their own costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 170...

Category: Fiscal/Taxation Law | Date: | Hits: 65