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Khalilur Rahman being dead his heirs Mrs. Nazma Begum and others Vs. Md. Habibullah and another, 2004, 33 CLC (HCD)

....ion the Rule is discharged. Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once. Ed. This Case is also Reported in: 57 DLR (2005) 603. ......ion the Rule is discharged. Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once. Ed. This Case is also Reported in: 57 DLR (2005) 603. ......Rahman (now dead) during, the course of trial has denied it in any way. ………(31) Cases Referred to- Union Road Ways (P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, Company Cases (India) Vol. 76 pages 315; Messrs Syed Rasool and Sons Vs. Messrs Aildas and Co, 1992 ..

Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3

Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)

....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost.  Ed. ......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost.  Ed. ......her of defendant  Nos. 2‑4 and defendant No. 1 used to live at Jalpaiguri in India and was connected with several tea Estates and in 1951 he became the Secretary of Rahimia Lands and Tea Company (Private) Ltd which was a concern of Nawab Mosharraf Hossain's family and the original pla..

Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196

Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)

....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......ntiff filed the suit stating, inter alia, that her properties were mortgaged to the petitioner Bank in 1987 in connection with two loan liabilities of Gold Star Lines Ltd. and Transbangla Shipping Company of one Shawkat Ali. On 17‑11-­1988 both the loans were adjusted. Meanwhile, a loan in th..

Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171

Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another V. Maxwell Engineering Works Ltd and another, 2004, 33 CLC (AD)

....ot find any reason to interfere with the judgment and order of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......ot find any reason to interfere with the judgment and order of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......ngleton Binda and Co Ltd Binder 27 DLR 583; Damodar Valley Corporation vs KKK Kar (1974) 1 SCC 141; (1996) 1 SCC, 54 (Indian Drugs & Pharmaceuticals Ltd vs Indo Swiss Synthetics Gem Manufacturing Company Ltd and others); (2001) 6 SCC, 365 (Fuerst Day Lawson Ltd vs Jindal Exports Ltd); AIR 1959 S..

Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321

Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)

.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......clared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, are that the petitioner is the proprietor of Messrs Jamil Trading Company. The respondent No.2 being plaintiff filed Mortgage Suit No.26 of 2001 on May, 2001 ......o have been passed or made without any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, are that the petitioner is the proprietor of Messrs Jamil Trading Company. The respondent No.2 being plaintiff filed Mortgage Suit No.26 of 2001 on May, 2001 against ..

Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310

National Oxygen Limited and others Vs. Additional District Judge and Bankruptcy Court, Chittagong and another, 2004, 33 CLC (HCD)

....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ..

Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9

Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)

.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565.   ......                     Present: MA Wahhab Miah J Md. Abdul Hafiz J Asadul Hoque, Trading as Samrat Shoe………………………&helli...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565.   ..

Category: Others | Date: 5 May, 2004 | Hits: 4

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... of Bangladesh was affirmed on 24th February 2004 challenging the aforesaid order of removal contained in Memo No. BRPD (RS) 651/9(5) 2004­169 dated 26‑4‑2004 issued under section 46 of the Bank Company Act 1991 by the General Manager (in‑charge), Bangladesh Bank, Banking Regulation and Polic..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......sion (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Executive Engineer, LGED, Rangpur................Appellant Vs. A Latif & Company Ltd...................................Respondent Judgment April 11, 2004. Res..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)

.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..

Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

.... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ...... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ......jgaon Police Station on 9‑7‑1992 in connection with the incident of the said date loading to the death of an employee by name Billal Hossain, of Titas Gas Transmissions and Distribution Company Limited. It may be mentioned information which was lodged by SM Jillur Rahman on 9‑7&..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ......ion stating, inter alia, that they have a Salt Industry under the name and style "Rajapur Salt" on the other side of the river at Khulna Jailkhana ghat and another business named A Jalil Company Limited of which her father A Jalil is the owner. The Managing Director of the Company Mr. ..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......that the Club is not an industry, further held at para-14. page-285. ".......What we have to see is the nature of the activity in fact and in substance. Though the Club is incorporated as a Company, it is not like an ordinary Company constituted for the purpose of carrying on business.......

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... Baroda Kishore, 27 Cal 38; Fardous Chowdhury Vs. Government of Bangladesh, 3 BLC (AD) 213; Bancharam Majumdar Vs. Adyanath Bhattacharja, ILR 36 Cal, 936; Capt BS Demograry Vs. VIF Airways Ltd., 1999 Company Cases 291; In re Harvest Lane Motor Bodies Ltd., (1969) 1 Ch. Div. 457; Nagendra Vs. Satadal..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......; Mazharul Borhan Vs. A.H. Bhuiyan, 15 BLD (AD) 237; Haider Unnessa and another Vs. Monwara Begum and other, 10 BLD (AD) 280; Federal Radid Commission Vs. Nelson Brothers Board; Electric and Power Company Vs. National Relations Board, (1942) 319 U.S. 533; Gujt Heluering Commissioner of Internati..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

....mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ......area.  6. It is the case of the defendant No. 6 that it got itself incorporated in 1992, that amongst the objects, one is to carry on business of clinic  and hospital,  that  the Company applied to the authority seeking lease of the land in question or, in the alternative, anoth..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ...... the Rule absolute. 5. Mr. Mahmudul Islam, the learned Counsel, appearing for the appellant, submits that as per section 24(2) of the Securities and Exchange Ordinance, 1969 every director of the Company being responsible for commission of an offence under section 17 of the said Ordinance by any..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)

....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......; Application, (1887) 4 R.P.C. 143; Kenrick and Jefferson LTD., 128 R.P.C. 45; Noblit-Sparks Industries application (1950) 68 RFC 168; Ciba Ltd. Basle Switzerland Vs. M. Ramalingam and S. Subramaniam Trading; South Indian Manufacturing Co., Madura and another (AIR 1958 Bombay 56). Lawyers Invol......he user of the mark in question and the petitioner in that case initially filed an application for summary registration of the mark which was ultimately abandoned and thereafter the Kohinoor Chemical Company Ltd, Karachi, applied for a fresh registration of the mark 'Tibet 570' for laundry s..

Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18

A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)

....respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......ncorporated in Delaware, USA, and is the largest manufacturer, seller and marketing the top quality hangers under the brand name 'A&E Products' throughout the world. The plaintiff-petitioner No.3 Company had been producing hangers since 1999. That the plaintiff No.1 in order to protect its name ..

Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264