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Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)

....g their product with the trade mark 'Crocodile lacoste' since 14-11-1983 after getting registration and after the expiry of the period of 7(seven) years their trade mark was renewed. The respondent also filed affidavits-in-support of their case that they were using the trade mark in various countrie......oods under the trade mark 'Crocodile' to mislead and deceive the consumers, therefore, the Deputy Registrar rightly passed the impugned orders rejecting the rectification cases and no interference is called for by this Court with the impugned orders and, as such, both the appeals are liable to be di......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......te Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Abdus Salam (Md.)……………………………………………………….Appellant Vs. Deputy Registrar of Trade Marks and others……………………………Respondents. Judgment March 16, 2005. Cases Refe..

Category: Intellectual Property Law | Date: | Hits: 189

Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)

....t in Sessions Case No. 69 of 1993. By that judgment the six appellants were found guilty of the charge under section 302 read with section 34 of the Penal Code and each of them were sentenced to imprisonment for life and also to pay a fine of Taka 2000 in default, to suffer rigorous imprisonment for...... into the left side of the chest of Nasir with a dagger. Nasir fell down. Informant's son Lokman and Shahidul again tried to rescue Nasir. But appellant Ali Hossen and Waliur, being armed with weapon called leja, threatened the attempting rescuers not to proceed. However, on seeing Nasir's condition......tnesses, appears to be of innocence, false implication, and old age of the convict appellant Ismail and his wife Anowara, and also of convict appellant Waliur's minority at the time of occurrence and trial. 5. In the petition of appeal, the appellants have taken the grounds, inter alia, that the ......This Case is also Reported in: 58 DLR (2006) 335...

Category: Criminal Law | Date: | Hits: 43

Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)

.... for partition of his 2/3 rd share out of 2.782/3 acres in the schedule properties. 3. The case of the plaintiff, in short, is that Babu Ram Singh was the owner of the suit land who died leaving 4 sons, namely, Brojadhon, Kunjaya, Raja Singh and Nimai Singh as his heirs; that thereafter Raja Sing......n the party that substantially asserts the affirmative of the issue and not upon the party who denies it. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. The parties on whom the onus of proof lies must, in order to succ...... the land of Babu Ram Singh and they executed so many deeds and that the plaintiff is entitled to get a decree for separate saham in respect of 1/3 rd share out of 342 decimals of land. 10. At the trial, the plaintiff examined 4 witnesses, while the defendant examined 5 witnesses in support of th......nal Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Nil Sen Singh…………………………………………………………...Petitioner Vs. Radha Mohan Singh and others …………………………………Opposite Parties. Judgment April 24, 2006. ..

Category: Property Law | Date: | Hits: 75

Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)

....he suit but the failure of the Judge has caused a miscarriage of justice. He next submits that the finding of the Court below is based on misreading of evidence and no consideration of evidence. He also submits that there was no substituted service upon the defendants of that suit in accordance with......plaint of that suit. This finding of the learned Subordinate Judge does not stand to reason. 7. It is evident from the Judgment of the Court below that the record of Other Suit No. 105 of 1983 was called for and was before the Court but the Court did not come to any finding about the sufficiency ......aint, written statement and deposition of the PWs and DWs and the impugned Judgment and decree and the memo of appeal, Mr. KZ Alam, the learned Advocate appearing for the appellants, submits that the trial Court ought to have considered from the records of Other Suit No. 105 of 1983 whether the summ...... This Case is also Reported in: 58 DLR (2006) 326...

Category: Property Law | Date: | Hits: 83

Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

....bdul Khaleque are workers under the Dhaka Municipal Corporation and live in neighboring residential quarters. On 21-8-94 the petitioner had left an iron bed in front of the informant's door where her son-in-law brushed against it and got injured. The informant asked the petitioner to remove the bed,...... an injury was caused to the complainant which required several stitches. The learned trial Judge saw and commented upon the injury, which he noticed on the head of the victim. However, no doctor was called to substantiate the extent of the injury nor the piece of wood, which was used to strike the ......titches were required on her head. Initially an attempt was made to settle the matter, but since no compromise was reached, the informant lodged the case. 3. After investigation and due process of trial, upon consideration of the evidence of 5 prosecution witnesses and 1 defence witness, the lear......urt High Court Division (Criminal Revisional Jurisdiction) Present: Md. Imman Ali J Abdul Khaleque……………………………………………..Petitioner Vs. Hazera Begum and another…………………………………Opposite Parties. Judgment March 9, 2006. ..

Category: Criminal Law | Date: | Hits: 97

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....the accused petitioner pleaded guilty and the learned Additional District Magistrate found him guilty of the offence punishable under section 475 of the Penal Code and awarded sentence to suffer imprisonment for a period of 3 (three) days only and was also found guilty of the offence punishable unde......d out above, an integrated approach in interpretation of tills word "complainant" as occurred in this section 195(l)(c) is required to be made in the light of social necessities in which the Court is called upon to interpret. The process of interpretation involves making the law a workable one or an......etitioner for commission of the offence referred to above. Taking cognisance of such offence the then learned Upazila Magistrate sent it to the Court of the learned Additional District Magistrate for trial. 3. During the course of trial the accused petitioner pleaded guilty and the learned Additi......riminal Revisional Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Abdul Ahad…………………………………………………………Accused Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment O..

Category: Criminal Law | Date: | Hits: 60

Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)

.... application for noncompliance of provisions of Order VIII, rule 1(5) of the Code of Civil Procedure. 2. The facts relevant for disposal of the Rule may, briefly, be stated as follows; The predecessors of the plaintiffs and defendant Nos. 1 and 2 Kazi Abul Kashem filed Title Suit No. 153 of 1992 ......ut any order as to cost and the order No. 113 dated 16-2-2003 passed by the learned Joint District Judge, Dhaka in Title Suit No. 153 of 1992 is affirmed. The order of stay granted by this Court be recalled and vacated. The learned Joint District Judge, First Court, Dhaka is directed to proceed with...... the document at serial No. 37 namely, the statement of property given to the Income Tax Authority in the fiscal year 1987-88 has been admitted in the evidence. The plaintiff filed application in the trial Court praying for striking out those documents at serial Nos. 26, 27, 28 and 37 of the firisty......This Case is also Reported in: 58 DLR (2006) 306...

Category: Property Law | Date: | Hits: 131

Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)

.... judgment and decree dated 16-4-1985 and 20-4-1985 respectively passed by the Subordinate Judge, Barisal in Title Suit No. 285 of 1971. 2. The case of the petitioner, in brief, is that the predecessor of the opposite parries Nos. 1-16. Sadek Hossain Howlader (since deceased) as plaintiff filed Ti......t persons including the petitioner on 3-6- 1974. The said application dated 27-6-1984 was fixed for hearing on 27-8-1984 and the petitioner was ready for hearing filing hazira but when the matter was called on for hearing the learned Advocate for the petitioner could not be present since he was enga......dvocate appearing for the petitioner. On the other hand, no one appears for the opposite parties. 5. Perused the revisional application, the impugned order, the impugned judgment and decree of the trial Court and other papers filed along with the revisional application. 6. The learned Advocate......…………..Petitioner Vs. Nurul Islam Howlader..........................................Opposite Parties. Judgment October 31, 2004. Cases Referred to- Indomoti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya ..

Category: Property Law | Date: | Hits: 81

Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)

....gment and decree. Hence this Rule at the instance of the plaintiff-petitioner. 6. The defendant-opposite party has filed the application for discharging the Rule as not maintainable on two-fold reasons. Firstly, the judgment and decree rejecting the plaint under Order VII, rule 11 of the Code bei...... application is allowed. 22. The Rule is discharged as not maintainable without any order as to costs. 23. The order passed earlier calling for the records of the case by this Court is hereby recalled and the order of status quo granted earlier by this court is also vacated. Send down the lowe...... tenancy agreement with the plaintiff having expired he has no legal character, no locus standi and no cause of action to bring the suit as there is no breach of any obligation or contract. 5. The trial Court allowed the said application on contest rejecting the plaint by the impugned judgment an......�………….Petitioner Vs. Md. Moniruzzaman …………………………………………………..Opposite Party. Judgment July 19, 2005. Cases Referred to- S. Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and others Vs. Raghunath Rao, AIR ..

Category: Procedural Law | Date: | Hits: 90

Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)

.... Case No. 1218 of 2006. Judgment Md. Abdul Quddus J. - Rule was issued under section 561A of the Code of Criminal Procedure at the instance of accused petitioner Md. Amin Uddin calling upon the sole state opposite party represented by Deputy Commissioner and District Magistrate, Brahmanbaria t...... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......st Class, Brahmanbaria as complaint case (CR case) and the offence complained or under section 493/420 Penal Code being triable by District Magistrate, the case record was sent to DM Brahmanbaria for trial and disposal. The case was renumbered in the Court DM Brahmanbaria as DM Case No. 181 of 2004.......Rule was issued under section 561A of the Code of Criminal Procedure at the instance of accused petitioner Md. Amin Uddin calling upon the sole state opposite party represented by Deputy Commissioner and District Magistrate, Brahmanbaria to show cause as to why the proceedings or Nari-o-Shishu Nirja..

Category: Criminal Law | Date: | Hits: 48

Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)

....to contest the Rule. 4. Rule being ready was fixed for hearing. 5. At the hearing learned Advocate for the complainant petitioner Motleb Mondal of Sessions Case 28/2001 submits that one Rezaul, son of this petitioner Motleb Mondal, was murdered during occurrence at 8-30 AM on 2-5-95, but accus......onsidered by Honorable Supreme Court which directly held that complaint case is to be tried first and on conclusion of witnesses of the complaint case, the witness of police case (chalan case) can be called as court witnesses under section 540A of the Code to be examined and cross examined by the pa......e case was registered as Sessions Case 57 of 2000 and complaint case was registered as Sessions Case 28/2001. Both the Sessions cases were sent to Additional Sessions Judge, 1st Court, Jenaidah for trial and disposal according to law. 8. Learned Advocate informs that learned Sessions Judge took......e & others ……………………………………………...Accused-Opposite Parties. Judgment August 29, 2005. Cases Referred to: 18 DLR (SC) 474; 6 BLC 17; Nur Elahi Vs. State and others, 8 DLR (SC) 474. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Petitioner...

Category: Criminal Law | Date: | Hits: 41

Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)

....rul Hague CJ.- This petition for leave to appeal has been filed against the judgment and order dated 11.12.2010, passed by the High Court Division in Civil Revision No.3019 of 2010, making the rule absolute and setting aside the Order No.60 dated 02.08.2010, passed by the Joint District judge, Third......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......is Order is also Reported in: 19 BLT (AD) (2011) 52. ..

Category: Civil Law | Date: | Hits: 82

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

.... Judge, Sadar, Chittagong. 3. The short facts relevant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died leaving 3(three) sons and 3(three) daughters and a widow who got their property and they separated their share by agr......e learned Advocate for the defendant No. 1 was on his legs for long time in the court of learned District Judge and, as such, he was unable to appear before the learned trial Court, when the suit was called for hearing; that after the completion of his 'Ehetekaf' the defendant No. 1 contacted with h......for further hearing of the suit. 2(two) subsequent dates, i.e. 22-11-1993 and 17-1-1994 were fixed for taking further evidence. The defendant No, 1 was present in Court on those dates but the learned trial Court was unable to hear the suit. Then 17-2-1994 was fixed for further hearing but the plaint......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Kabir Ahmed Sawdagar…………………………………….Petitioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Refe..

Category: Property Law | Date: | Hits: 115

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

....enior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and for restitution of conjugal life and also further prayed for a decree of dower of Taka 3,00,000 and for maintenance at the rate of Taka 5,0......guardian of the plaintiff. It is further stated that the defendant is a man of Jessore and there was no reason of his marriage at Tangail and that his guardian or relations were not present in the so-called marriage demanded by the plaintiff and, as such, the judgment and decree dated 17-10-2002 was......set aside allowing this revision. 5. It appears from record that the Family Suit No. 11 of 1999 was filed on 1-3-1999 and the suit was fixed for ex parte hearing on 20-4-1999. Later on the learned trial Court decreed the suit ex parte on 2-6-1999. 6. The defendant-petitioner filed Miscellaneou......ision (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Kazi Rashed Akhter Shahid (Prince)…………………Petitioner Vs. Rokshana Choudhury (Sanda)………………………..Opposite Party. Judgment February 27, 2006. Cases Referre..

Category: Family Law | Date: | Hits: 184

MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)

....ed Bank constituted under PO No. 26 of 1972. 3. The respondent No. 2 as plaintiff instituted Bankruptcy Case No. 6 of 2000 before the Bankruptcy Court, Chittagong impleading the petitioner and his sole proprietorship firm Messrs MA Salam and Company as defendant Nos. 1 and 2 respectively for decl......urt, the impugned order passed by respondent No. 1 rejecting the prayer of the defendant-petitioner for rejection of the plaint has been passed in accordance with law and, as such, no interference is called for. Mr. Siddique submits that dismissal of the plaint involves both question of law and fact......r registered post with acknowledgement receipt to both the present and permanent addresses of the debtor. The last present address of the defendant petitioner's firm as shown in the plaint is at Industrial Plot No. 37-38, Sector-1, Chittagong Export Processing Zone, South Halisahar, PS and PO Bandar......in J Zubayer Rahman Chowdhury J MA Salam…………………………………………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs S..

Category: Civil Law | Date: | Hits: 131

Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)

....a erected a Jatra Pandel for aiding an institution and that on 01-01-2001 rehearsal of Jatra was stated at about 11.00 P.M. while the deceased was supervising the rehearsal programme the accused persons rushed to the place of occurrence with deadly weapons and opened fire by firearms in order to c......d in a different date which are found inconsistent with each other, even with the statement, produced by the prosecution with the help of the informant." In such a situation the High Court Division called for the "case diary" to verify the matter on the request of the learned Assistant Attorney Ge......hose materials justify the framing of charge against the accused-petitioner and that when the Tribunal failed to discharge its duty the High Court Division may interfere in order to prevent vexatious trial and as such the impugned judgment and order passed by the High Court Division is liable to be ...... Lokman @ Lokman………………Petitioner Vs. The State………………………..............Respondents Judgment February 3, 2010. Cases Referred To- Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Taher Hossain Rushdi Vs. The State, 7 MLR (AD) 116; State Vs. Khondk..

Category: Criminal Law | Date: | Hits: 73

Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....rd Rule of the Court. 3. The facts of the case of the plaintiff respondent in short are that the plaintiff respondent entered into a written contract with the defendant-appellant for completion of some construction works of the defendant appellant. That a dispute arose between the parties regardi......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......or Leave to Appeal before the Appellate Division. 9. Leave was granted to consider the submissions of the learned Counsel appearing for the appellant that both the High Court Division as well as trial court failed to consider that as per Section 14 (2) of the Arbitration Act, 1940 the proceed......resent: MM Ruhul Amin CJ Md. Abdul Aziz J BK Das J Md. Muzammel Hossain J Dhaka Leather Complex Ltd………………………………….Appellant Vs. Sikder Construction Ltd. and another………………….Respondents Judgment August 4, 2009. Cases Referred To- ..

Category: Alternative Dispute Resolution | Date: | Hits: 187

Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)

....sallowing the pre-emption. 2. The case of the pre-emptor-appellant opposite party Md. Sohrab Ali, in brief, is that the disputed land belonged to opposite party No. 2 Haji Md. Kazimuddin Akand who sold the same measuring 10 decimals on SA plot No. 163 to the pre-emptee respondent-petitioner Mr. A......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ...... family. The pre-emptee, by filing an additional written objection, contended that the disputed land is a "Chandina" land situated within Ghorail Bazar and, as such, it is not pre-emptable. 4. The trial Court on consideration of the facts, circumstances and evidence adduced by the parties disallo...... Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Abdul Mannaf (Md.)…………………………………………………. Petitioner Vs. Md. Sohrab Ali Akand & others ……………………………………...Opposite Parties. Judgment July ..

Category: Property Law | Date: | Hits: 91

Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)

....ading of the impugned order it appears that the learned Joint District Judge as an appellate Court refused the prayer for amendment apparently on 2 grounds of which the first is that the amendment as sought for, changes the nature and character of the suit and the 2nd is that the amendment as prayed...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240......., the plaintiffs as appellants preferred other Class Appeal No. 372 of 1993 before the Court of District Judge, Kishoreganj which was transferred to the Court of Joint District Judge, Kishoreganj for trial. 5. During the pendency of the other Class Appeal No. 372 of 1993 before the Joint District......for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...

Category: Procedural Law | Date: | Hits: 93

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

....me Court High Court Division (Civil Revisional Jurisdiction) Present: Faisal Mahmud Faizee J Executive Engineer, Sylhet Public Works Department…………….Petitioner Vs. Md. Asob Ali……………………………………………………………………………….Op......on and proceeded for fresh auction in public interest; at this the plaintiff suffered loss of business as he could not invest the amount of the earnest money in his business; the defendant-petitioner called fresh auction without giving any notice to the plaintiff. 3. The petitioner as defendant c......as maintainable in its form; (II) Whether the suit was barred by limitation; (III) Whether the plaintiff had prima facie case; (IV) Whether the plaintiff was entitled to the relief prayed for. In the trial, the plaintiff got two witnesses examined including the plaintiff himself and exhibited three ......�……………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Petitioner. AKM Mainuddin with Nurul ..

Category: Business or Commercial Law | Date: | Hits: 209

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