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Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325.......awful authority inasmuch as the law requires that the respondent No. 2 should decide the application within 90 days and in case the application is rejected, the applicant should be informed about the decision and prior to taking decision for rejection of such application the applicant should be give..Category: Civil Law | Date: | Hits: 162
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
.... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......fact that there is no independent corroborative evidence inasmuch as the inmates of the place of occurrence house or a villager having failed to identify the accused-appellant on dock the finding and decision of the learned trial Court cannot be supported. 18. Accordingly, the appeal is allowed a..Category: Criminal Law | Date: | Hits: 89
.... 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.
......or him to find out whether any application of the same trade mark was pending before him. Such omission on the part of the Registrar to carry out a search, only gives the scope for giving conflicting decision and abuse of power and damaging public interest. In this particular case the Registrar has ..
Category: Intellectual Property Law | Date: | Hits: 167
....es to inserting Clauses (2),(3),(4),(5),(6) and (7) of Article 96 i.e. Provisions relating to Supreme Judicial Council and also clause (1) of Article 102 of the constitution, and
(f) all acts and legislative measures which are in accordance with, or could have been made under the original Consti......e by ‘usurpers’ and as such, are void ab initio. On the question as to our power to review a legislation, Mr. Reza submitted that this point was firmly established in our jurisdiction through the decision in the case of Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41 and lately through th..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......ng the plaint while disposing the application for temporary injunction since the Court is empowered to reject the plaint suo moto when the suit appears to him not maintainable. In support, he cites a decision in the case of Md. Shamsul Hoque Molla Vs. Md. Latifur Rahman, 1989 BLD 524. He then reads ..Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....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.......the manifest of the conveyance is delivered after its arrival. 30. (A) Value and effective rate of duty— Notwithstanding anything contained in any other law for the time being in force or any decision of any court, for the purposes of section 30, the value and the rate of duty applicable to ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285.......ng the application without deciding the application on the basis of the deeds produced on the market price of the land which has resulted in serious miscarriage of justice. He relies heavily upon the decision of a Division Bench in the case of Md. Azizul Bari Vs. Ismail and others, reported in 19 DL..Category: Property Law | Date: | Hits: 28
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......cuted in terms of section 85 of the Evidence Act, the petitioner is not entitled to the benefit of Order 3 rule 2(a) of the Code of Civil Procedure. No error of law has been committed in the impugned decision and no failure of justice has been occasioned. 7. It appears that this application was f..Category: Property Law | Date: | Hits: 39
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......ot deserve to be considered in revision. He further submits that Umme Kulsum already produced the power of attorney sent by her husband and such power cured the irregularity. In support, he cites the decision in the case of Australasia Bank Vs. Abdul Aziz Jan, PLD 1983 Peshawar 64 and that of NWFP V..Category: Limitation Law | Date: | Hits: 175
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....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.......undertake to subscribe to or acquire more shares in the company but this obligation is a contractual obligation and not an obligation flowing from his status as a member of the company. 10. In the decision reported AIR 1932 PC 244 cited by Mr. Nurullah, the company filed a suit making a claim aga..Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......be challenged under Article 102 of the Constitution in the High Court Division unless the impugned order passed by the authority concerned is coram non judice or is afflicted with malice in law. This decision of ours is equally if not more forcefully applicable to parliamentary and Presidential el..Category: Election Law | Date: | Hits: 127
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....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. ......al case has been started over the self same facts and, as such, he has argued that there cannot be two parallel proceedings against the same person. In support of his views Mr. Islam referred to some decisions of this court and also a decision of the Supreme Court of India. The first case which was ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......on Report within the meaning of section 154 of the Cr.P.C. and all subsequent information fall within the purview of section 161 of the Cr.P.C. 38. He referred the relevant paragraph No. 45 of the decision. 39. We have carefully perused the relevant paragraph of the cited decision. It appears ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....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....... failure of justice. Point for determination. 10. The only point for determination in the appeal is whether the learned District Judge was justified in allowing the review case? Findings and decision 11. The learned Advocate appearing for the appellants has placed before me the impugned ..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......on was executed in favour of the petitioner and that possession of the fishery was delivered to him and consequently action of the Divisional Commissioner was not sustainable in law has referred to a decision reported in 4 BLD (AD) 36. The decision referred to by the learned Advocate would have b..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......estion of law and fact which can be decided only at the trial on taking evidence. In view of the relief prayed in the suit, the plaint cannot be rejected”. 13. From the aforesaid discussions and decisions cited in the case as above, I do not find any substance in the submission of the learned A..Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......y because the petitioner has already prayed for the relief that the election as a whole was void and thereby no contravention of the provision of rule 45 of the election rules has been committed. The decision referred by the learned Counsel for the Petitioner in 1981 BLD 298, 38 DLR 435 and 41 DLR 3..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....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. ......ssed by the same court though by a different presiding judge who was in-charge and the same court cannot sit over its own judgment. The learned Advocate appearing for the respondent No. 2 has cited a decision of the case of Atash Ali and others Vs. Rebati Mohan Sarker and 3 others reported in 43 DLR..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....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. ......th may be replaced by industry, lost knowledge may be regained by study, even lost health may be recovered by temperance of medicine but lost time is gone forever. It will be worthwhile to refer to a decision reported in 46 DLR 175 wherein their Lordships of the High Court Division observed: “S..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... 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. ......en the petitioner and the said company and effect of this order that amounts to contempt of Court inasmuch as it obstructed the course of justice. In support of his contention Mr. Samad relies on the decision reported in 15 DLR (SC) 355, 1990 BLD (HCD) 173 and 1981 BLD (HCD) 487 and submits that as ..Category: Intellectual Property Law | Date: | Hits: 181
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