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Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
.... the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appeal No. 820 of 2000. Judgment MA Aziz J.- This appeal is directed against the judgment and order dated 11-4-2000 passed in Criminal Miscellaneous Case No.144 of 2000 by the learned Sessions Judge, ......on with the Advisory Committee, decide the same; and the decision of the Government shall be final.” 15. Section 6(4) provides that though the Director of Archaeology may after giving reasonable notice enter into and inspect and examine any premises believed to be containing any antiquity, if a......ocess the appellant took out two touchstone statues of god ‘Ram’ and goddess ‘Seeta’ weighing about 15 Kg and 1 Kg. respectively worth about Taka 4 lac. No sooner had the statues been offered for sale, the police party waiting outside stormed into the house and arrested the appellant under s..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....in, Advocate—For Respondent. Trade Mark Appeal No.16 of 1984. Judgment Syed Amirul Islam J.- This appeal filed under section 76 of the Trade Marks Act, 1940, is from the judgment and order dated 26-6-84 passed by the learned Registrar of Trade Marks in Opposition Case No.64/82 whereby the......he relied on the decision reported in AIR 1951 Cal 116. The learned Advocate further submits that from the materials on record, namely paragraph No.4 of TM as well as from paragraph No.4 of the legal notice served by the appellants on the respondent No.1 it is clear and beyond doubt that the appella......ector was rejected. 2. The appeal arises out of the following facts and circumstances. The respondent No.1 Messrs Hosnara Begum trading as “BALLY” shoes, filed application No.15884 in Class-25 for registration of the trade mark as “BALLY” shoes having her office at 230/4 New Elephant Road..Category: Intellectual Property Law | Date: | Hits: 210
....d. Omar Faruk-For the Appellants.
Not represented- the Respondent.
First Appeal No. 54 of 1997.
Judgment
Shahidul Islam J. - This First Appeal is directed against the judgment and decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 1......ase of the plaintiff respondent that before getting a kobala deed executed and registered, through Court, the defendant No. 1 and 2 was added as parties in the HRC Case No. 224 of 1983 and beyond the notice of the plaintiff they withdrew Taka 36,0000/- from the said case, although the rent was being......decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit.
2. The respondent as plaintiff instituted the suit seeking for the following relieves; অতএব বাদী নিন্মমতে প্রার্থ..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
.... the execution of the death sentence of petitioner No.2, the convict Md. Shukur Ali was stayed, initially for a period of three months, and subsequently extended from time to time and lastly by order dated 12.01.2009 it was extended till disposal of the Rule. 3. The matter was heard at length. Th......d subsequently extended from time to time and lastly by order dated 12.01.2009 it was extended till disposal of the Rule. 3. The matter was heard at length. The learned Attorney General was put to notice with regard to the submissions made by the learned advocate for the petitioner and since the ......f 1999 by Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Manikganj purportedly under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody witho..Category: Criminal Law | Date: | Hits: 128
Md. Nurul Hakim @ Md. Noor Hakim Vs. State, 2011, 40 CLC (HCD)
....rney General -For the respondent. Criminal Appeal No. 8051 of 2010. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 30 of the Special Powers Act against the order No. 7 dated 22.11.2010 passed by the Special Tribunal No. 4, Cox’s Bazar in Special Tribunal Case No. 17......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......pecial Tribunal Case No. 174 of 2010 arising out of G. R. Case No. 147 of 2010 corresponding to Teknaf P.S. Case No. 05 dated 2.5.2010 under section 19 A and (f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. A magazine containing 7 bullets and a polithine bag containing 8 ye..Category: Criminal Law | Date: | Hits: 57
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....cate—For the Appellant. Shahidul Islam, Advocate—For the Respondents. First Miscellaneous Appeal No.189 of 1994. Judgment Gour Gopal Saha J.- This appeal is directed against the order dated 30-4-94 passed by the Subordinate Judge, Naogaon in Miscellaneous Case No.80 of 1992 under Ord......91 beyond the knowledge of the petitioner. There is absolutely nothing on record to show that the order of abatement was ever shown to the Learned Advocate for the petitioner or it was brought to the notice of the petitioner. In the facts and circumstances of the case and the evidence on record, it ......against the order dated 30-4-94 passed by the Subordinate Judge, Naogaon in Miscellaneous Case No.80 of 1992 under Order 43 rule 1(k) of the Code of Civil Procedure rejecting the appellant’s prayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setting asid..Category: Property Law | Date: | Hits: 73
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....t a copy of this order be communicated to Mr. Rafique-ul Huq and Dr. M Zahir, the learned Advocates immediately. 4. Let this matter be fixed for hearing on 23-6-1999 and come up in the list on the date for orders. 24-06-1999 Mainul Hosein with Manjur Kader, Advocates, for the appellant-peti......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......Respondent Opposite Party. MA Halim with AM Moniruzzatnan Lasker Advocates—For the Respondent Opposite Party. FAT No. 358 of 1999. Judgment Md. Mozammel Hoque J.- This is an application for acceptance of Bank Guarantee with respect to deposit of half of the decretal amount to the Court..Category: Civil Law | Date: | Hits: 87
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....zlul Karim J.- On an application under Article 102 of the Constitution the Rule was issued calling upon the respondents to show cause as to why the Judgment and order passed by the Appellate Tribunal dated 2-6-97 affirming those of dated 16-9-96 passed by the Commissioner (Current charge) Customs Ex......ppellate Tribunal dated 2-6-97 affirming those of dated 16-9-96 passed by the Commissioner (Current charge) Customs Excise and VAT (Appeal) communicated to the petitioner dated 14-10-96 filed against notice dated 5-7-93 and memo dated 5-6-96 made by the respondent No.6 asking the petitioner to depos...... the business under the name and style “Foto Fast Color Lab” in the year 1992 after obtaining necessary Certificate from the Dhaka Municipal Corporation on 21-7-1991 and opened a letter of credit for import of the machine in 1991 and upon arrival of the machineries submitted bill of entry togeth..Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....laint before the Nalishi Adalat ‘Ka’ Anchal, Satkhira alleging that the accused is a businessman and was known to him from before and he had been taking shrimp fries from complainant on different dates on credit. The accused took delivery of shrimp toes of Taka 30,91,303.00 during the year 1995 ......er a cheque of Taka 26,11,303.00 in favour of the complainant which was deposit by the complainant in bank on 25-7-95 and 23-8-95 for encashment but the cheque was dishonored. Then the issued a legal notice upon the accused on 29-6-96. The complainant met the accused on 30-7-1996 at about 3-00 PM at......e quashed. 2. As the facts and question of law involved are similar in both the Rules, these were heard together and are now disposed of by this single judgment. 3. The relevant facts necessary for the purpose of disposal of the above Rules are stated below: “The petitioner in Criminal Mi..Category: Criminal Law | Date: | Hits: 46
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....on through Miscellaneous Case No.377 of 1999 under section 3(2) of the Special Powers Act and the said order of detention was extended for further period of 3 months vide Memo No.1318-Sha:Ma:(Nira/3) dated 11-5-1999. The respondents denied all the allegations of the petitioner made in the writ petit......ice (plain cloth) who are making permanent camp in front of the gate of the detenu’s residence which has high protection wall all around the residence. 4. The police without prior information or notice suddenly arrested the detenu on 21-04-99 under section 54 of the Code of Criminal Procedure a......the Respondents. Writ Petition No.1389 of 1999. Judgment Md. Abdul Matin J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the detenu should not be brought before this Court so that it may satisfy itself that she is not being held in custody without any lawf..Category: Criminal Law | Date: | Hits: 64
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....o the Government.” 15. Pursuant to section 9 the Government delegated its power under section 4(1) of the Anti-Corruption Act to the Director General of the Bureau of Anti-Corruption by an order dated 3-10-89. The said order reads as follows: “পত্র সংখ্যা-রাস/জ......nd immovable properties in their names, in the names of their wives and those dependent on them within 45 days in the prescribed form to the Bureau of Anti-Corruption. Being aggrieved by the impugned notices they filed these petitions and obtained the Rules. 3. As the impugned orders have been is......tition No.5384 of 1996 with Writ Petition No.736 of 1993 with Writ Petition No.2538 of 1991. Judgment Mainur Reza Chowdhury J.- On an application made by the petitioners in the afore-mentioned Writ Petitions under Article 102 of the Constitution of Bangladesh Rules Nisi were is..Category: Criminal Law | Date: | Hits: 69
...., Shawkat Ara Begum, Advocates — For the Respondents.
Trademark Appeal No. 4 of 1995
Judgment
Mahmudul Amin Choudhury J. - This Trade Mark Appeal is directed against the Judgment and order dated 31-1-95 passed by the Registrar of Trade Marks, Dhaka in Rectification Case No.166 of 1993 by ......oprietor of the registered trade mark and that the mark was given wide publicity through newspaper and various other media which attained wide popularity amongst the members of the public. Cautionary notices were also published from time to time in the newspapers. This registration of the mark confe....... 28335 in Class-8 was removed from the register.
2. The short fact leading to this appeal is that the appellant Samah Razor Blades Industries Ltd. filed application No. 28335 in class 8 on 2-3-89 for registration of the words ‘Supermax’ razor blade. The application was registered in their fa..
Category: Intellectual Property Law | Date: | Hits: 319
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
....sion No. 4205 of 1997. Judgment Mahmudul Amin Choudhury J. - This Rule was issued calling upon the opposite party Nos. 1, 20 (ka) to 20 (cha), 27 (ka) to 27 (Gha) and 31 to show cause why order date 7-10-97 passed by the learned Subordinate Judge, and Artha Rin Adalat No.1, Dhaka in Money Exec...... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ......dalat No.1, Dhaka in Money Execution Case No. 44 of 1997 should not be set aside. 2. The short fact leading to this Rule is that, the petitioner as plaintiff instituted Money Suit No.412 of 1986 before the learned Subordinate Judge and Commercial Court No.1 Dhaka for a decree of Taka 1,83,22,601/..Category: Civil Law | Date: | Hits: 108
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
.... the petitioner A Rahim Chowdhury under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why Memo No. BRPD (P) 651/9(1)/96-831 dated 22-12-96 (Annexure-A) issued by the respondent Nos. 1 and 2 under the signature of respondent ......) of the Bank Company Act, 1991 to refrain from discharging the responsibilities of the Managing Director, Arab Bangladesh Bank until further order. The impugned directive was issued on 22-12-96. The notice dated 22-12-96 sets down various allegations against the petitioner and asks him to show caus......days, as to why appropriate action shall not be taken against him. On hearing the said Rule in part this Court found that the petitioner has filed an appeal under section 48 of the Bank Company Act before the Board of Directors of Bangladesh Bank against the directive not to function as the Managing..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....he Respondents Nos. 2 and 3. Writ Petition No. 1293 of 1995. Judgment Md. Tafazzul Islam J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 29-6-92 (Annexure-C) purporting to cancel the appointment of the petitioner should not be decl......from the President, was illegal ab initio, the respondent No. 1 directed the respondent No. 2 to cancel the aforesaid appointment without any delay and so it was not necessary to issue any show cause notice upon the petitioner before cancelling his appointment which was illegal ab initio and did not......ct Director under BSTI vide Memo dated 31-12-1991 (Annexure-A) and vide memo dated 2-3 (Annexure-B) his pay scale was fixed at Taka 7100x200-8900 and the petitioner since his appointment, had been performing his duties most satisfactorily. However suddenly he received the memo dated 29-6-92 (Annexur..Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....ed by the accused petitioner Shahidul calling upon the opposite party, State, represented by the Deputy Commissioner, Khulna, to show cause as to why the judgment and order of conviction and sentence dated 28-9-97 passed by the Special Tribunal No.7, Khulna in Special Tribunal Case (STC) No. 227 of ......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......No. 37 dated 27-4-1996 should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The accused petitioner and others were placed on trial before the Court of Special Tribunal No, 7, Khulna in Special Tribunal Case No.227 of 1996 and after c..Category: Criminal Law | Date: | Hits: 33
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....he Respondents. Writ Petition No. 1515 of 1988 Judgment Md. Tafazzal Islam J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order dated 22-6-88 passed in File No. 2(12 Cus-7)/88 (part)/475 (Annexure -M) by the respondent No.1 shou......Officer lying on the deck in unconscious condition. Then the vessel was brought to the Naval jetty at Chittagong on 24-12-83 at 11-00 AM along with fishing trawler Shah Amanat. 3. Subsequently, by notice dated 6-2-86 (Annexure-1), issued under section 180 of the Customs Act, 1969, the Master and ......(part)/475 (Annexure -M) by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, owner of MV Alba (formerly MV Alsara), in brief, is that they are represented in Bangladesh by Mariners (Bangladesh) L..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)
....nt Attorney General-For the respondent. Criminal Appeal No. 3933 of 2009. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 30 of the Special Powers Act against the order dated 12.5.09 passed by the Metropolitan Special Tribunal Judge, Court No.11, Dhaka in Special Tribu...... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ......1, Dhaka in Special Tribunal Case No.635 of 2008 arising out of G.R. Case No. 232 of 2008 corresponding to Badda P.S. Case No.33 dated 18.4.08 under section 19 A of the Arms Act, rejecting the prayer for bail of the appellant. 2. While interrogation in a case under section 392 of the Penal Code i..Category: Criminal Law | Date: | Hits: 43
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ntracts, entered into by the government may not be conducive to public interest. Following that congregation, the executive committee of a body, named “Centre for Human Rights,” at it’s meeting dated 15th September 1998, authorised the petitioners to proceed with appropriate action to protect ......upervision structure and by training people. It is unfortunate that Petrobanglas’ recent ventures pertaining to reorganization of supervision activity, cost control and work plan has not been taken notice of by the petitioners. Transfer of technologies can only be meaningful if local entrepreneurs......e Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest ..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... The Rule (originally in Civil Revision No. 144 of 1986) was obtained on 03-03-86 by the petitioner in an application under section 115 of the Code of Civil Procedure, shortly the Code, against order dated 03-12-85 passed by the Subordinate Judge at Dinajpur acting as an Arbitrator under section 28 ......itioner’s case, in short, is that the Deputy Commissioner at Dinajpur acquired 0.52 acre of his land of Mouza Uttar Gobindapur, District Dinajpur and made an award of Taka 40,200 as compensation. A notice of such award was served upon him on 08-02-84 under section 7(3) of the Ordinance. 3. On 2......d upon him on 08-02-84 under section 7(3) of the Ordinance. 3. On 22-03-84 the petitioner made an application purportedly under section 28 of the Ordinance being Miscellaneous Case No.15 of 1984 before the District Judge at Dinajpur for revision of the award. On 18-05-85 the learned District Judg..Category: Property Law | Date: | Hits: 95
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