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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:...... The petition is dismissed. The Trade Marks Act, 1940 (V of 1940), Section 20 (2) Had the petitioner’s product been registered possibly a complaint could be made under the Trade Marks Act to protect the trade mark of the petitioner but that not having been registered petitioner has no le......g the plaintiff petitioners. 2. The plaintiffs filed the suit stating, inter alia that the plaintiff-petitioner No.1 is a corporation incorporated in Delaware, USA, and is the largest manufacturer, seller and marketing the top quality hangers under the brand name 'A&E Products' throughout the ..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....since the obligations themselves constituted the consideration for the acquisition. 22. In Easthem vs. Leigh London and Provincial Properties Ltd. (1971) 1 All ER 87, a company entered into an agreement for lease. The company was given license to enter into a site and to build a six‑story o......is also Reported in:...... use of the word 'if would not render the discount offered as conditional. According to him, when we go to market, often we bargain saying 'what reduction you will give me if I buy more than one' and seller agrees to reduce the price, say by 5%, if we buy a dozen. 'If we buy a dozen' is not a condit..Category: Others | Date: 10 Dec, 2003 | Hits: 261
....egally reversed the findings of the trial Court and the High Court Division in their revisional jurisdiction committed no illegality in summarily rejecting the revisional application. We are fully in agreement with the findings and decisions arrived at by the High Court Division.
12. In the afor......reversed the finding of the trial court and the High Court Division in their revisional jurisdiction having committed, no illegality in summarily rejecting the revisional application there is nothing to interfere. ………………………(11)
Cases Referred to-
Mustafa Aziz vs. Principal......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....nd according to terms of clause 3 of the said lease deed, the said respondents were required to make construction within 3 years from the date of commencement of the lease and failing which the lease agreement as per clause 23 was liable to be cancelled and as the respondents did not make any constr......he matter of cancellation of allotment in the circumstances of the case cannot be considered malafide or lacking in fairness and transparency and as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority………………(27) ...... No. 9 in appeal No. 155 of 2000), for the management and disposal of the property and the said respondent upon obtaining permission for sale on February 12, 1996 from the authority while proposed to sell the case plot, the writ respondent Nos. 6‑9 purchased the same on April 21, 1996 by a regis..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....Court Division on several grounds. First, according to him, the High Court Division erred in law in considering that time was essence of the contract. To elaborate his argument he has referred to the agreement entered into between the present appellant Amir Hossain and the respondent Md. Amir Ali. H...... Islam J Amir Hossain……………................Appellant (In both the cases) Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003. Result: The appeals are allowed. Lawyers Involved: Khandker Mah......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and others, 40 C.W.N. 56......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....oated a tender in 1978 for construction of Swimming Pool and Gymnasium and the respondent participated in the said tender and its tender was accepted by the appellant as responsive. Accordingly, an agreement was entered into between the appellant and the respondent followed by issuance of a work ......v of 1908), sections 151 & 153 Section 151 of the Code of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....f any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearly basis is of no substance…..(14) In absence of any registered deed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 ......notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to eject a tenant. From their own averments the defendants are habitual defaulters for not paying re......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
.... the sole owner and was inducted into possession. The plaintiff No.1 let out the building standing on the property to the defendant school LORETTO as a monthly ejectable tenant by executing a deed of agreement dated 22‑3‑90 for a period of 2 years at a monthly rental of Taka 35,000 payable accor......e is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....70 he lifted the property in favour of the respondent No.1 and the mother of the respondent No. 2. The tenant American Embassy had acknowledged the respondents as the landladies and paid rent and the agreement was renewed in 1973 and had been paying rent regularly in their account with American Expr......and others................ Respondents Judgment July 8, 2003. Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive co......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......lip;…………………………….Contemners Judgment June 30, 2003. Result: The rule is discharged. Cases Referred to- Zakir Ahmed Vs. University of Dhaka, Ghulam Zamin Vs. A.B. Khandakar, 16 DLR 486; 16 DLR (S......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....tle Suit No. 50 of 1984 dismissing the same with direction to the defendant No. 1 to refund Taka 12,00,000 to the plaintiff and the defendant No. 3. 2. The suit was for specific performance of an agreement to sell the suit property claimed to have been executed by the defendant No. 1 on November......it in that case the superior court should dispose of the same. But there may be cases, as the instant one, even though there is no prayer from the parties in the proceedings for sending the suit back to the trial court or to the lower appellate court for disposal where right of the parties to the pr......50 of 1984 dismissing the same with direction to the defendant No. 1 to refund Taka 12,00,000 to the plaintiff and the defendant No. 3. 2. The suit was for specific performance of an agreement to sell the suit property claimed to have been executed by the defendant No. 1 on November 5, 1973 in f..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....No. 3 in the suit who filed the written statement stating, inter alia, that while he was a monthly tenant in part of the suit premises the original owner respondent No. 8 entered into a written agreement with him for the sale of the premises on 21.4.1968 and received a sum Tk. 1,50,000/- out o......ra Khatun being dead her heirs: Md. Aminul Haque and othÂers............Respondents (In both the Appeals) Judgment May 12, 2003. Result: Appeals are allowed. Cases Referred to- Golam Kader Vs. Abdul Khaleque Choukder, 43 DLR (AD) 107, AIR 1931 PC 162. Lawyers In......position of the parties and in the facts and circumstances of the instant case particularÂly when the added respondents claimed that the plaintiff-appellants entered into a conÂtract with them for selling the suit property after the suit was decreed on 5.1.85 as the so-called contact has nothing ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....as an unconditional right to continue in employment and any contract on an automatic right to renewal makes it a rolling contract which will continue until a designated time, either stipulated in the agreement or the legal retirement age/that it is the case of the respondent that it was the term of ......on Judgment here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman CorporaÂtion, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgme......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....curity for a bank guarantee provided by IFIC Bank Ltd for Taka 25 lac favouring Biman Bangladesh Airlines. Respondent No. 2 wrote on 31‑12‑1993 to IFIC Bank Limited informing it of the agreement to sell the said shares to the appellant and instructed it to deliver the shares to t...... and another .....................Respondents Judgment May 28, 2003. The Companies Act, 1913(VII of 1913), section 34 (7) Discretion of the Board of directors of a company under its articles of association to refuse registration of transfer of its share......e shares are traded in the Stock Exchange Commission. Persons buying shares on the open market are led to believe that their shares will be registered in their names, and that conversely when they sell shares the transferee will not have a problem acquiring legal title. In the absence of this as..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....mpany as a whole. 15. A remedy under section 233 can be given only if the directors have acted in the breach of duty or if the company has breached any of its articles or any relevant agreement. 16. Under section 233, the court can give the relief sought by the applican.........................Respondents Judgment March 12, 2003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority sh......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
.... reference to particular legislation where the definition of debt was required to be given and, as such. word 'debt' is to be ordinarily understood as a sum of money due under an express or implied agreement, or an amount due or payable from one person to another in return for money but is liabil......03. The Succession Act, 1925 (XXXIX of 1925), Section 372 The Transfer of Property Act, 1882 (IV of 1882), Sections 3 & 130 Debt: Ornaments lying in custody of the bank are a debt due to the owner of the same for the purpose of granting succession cer......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....ract, the High Court Division has relied on a decision of Ram Chandra Das and others Vs. Md Khalilur Rahman and another reported in 1985 BLD (AD) 41 = 37 DLR (AD) 21. It has been held that in case of agreement of sale of immovable property time is not the essence, of the contract and court ordinaril......t February 4, 2003. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 12 In case of sale of immovable property, the court ordinarily does not take into consideration the increase of market price. Further, in case of sale of immovable property time i......perty described in the schedule of the plaint on the basis of the registered deed of Heba‑bil‑Ewaz No. 40287 dated 15‑12‑1980 and also by inheritance. The defendant No.1 petitioner offered to sell the suit property to the plaintiff, consideration of the suit property was fixed at Taka 1, 68,..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......e pawnor upon the debt or promise and retain the goods pledged as collateral security or he may sell the goods pledged on giving the pawnor reasonable notice of sale. But the court is not competent to make an order in a suit filed by the pawnee directing him to sell the pawned goods and …......ontract Act, 1872 (IX of 1872) Section 176 The pawnee may bring a suit against the pawnor upon the debt or promise and retain the goods pledged as collateral security or he may sell the goods pledged on giving the pawnor reasonable notice of sale. But the court is not compete..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....eriod upto 30 June 2002. Thereafter by letter dated 1st August 2002 the respondent appointed the respondent No. 3 as their new distributor in Bangladesh. The respondents as well produced a copy of an agreement dated 1st August 2002 between the principal and SAARC Enterprise Private Limited for distr......dvocate‑on‑Record‑For Respondent No. 3. Not represented‑Respondent Nos. 4‑268. Civil Petition for Leave to Appeal No. 1378 of 2002. (From the judgment and order dated 25th...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
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