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Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....passed on an application filed by the appellant on 31‑3‑1993 in TM 24 and dated 6‑4‑1993 in TM 38. 2. Short facts, necessary, for the disposal of this appeal are that respondent No.2 got registration of a trade mark under No.27185 in Class‑25 on 2-1‑91. The application for regi......rade Marks Act, 1940 (hereinafter referred to as the Act) read with rule 65 of the Revised Trade Marks Rules, 1963, in TM 26, the prayer for renewal of the registration on a plain paper rejecting the deed of assignment given by the respondent earlier in favour of the appellant was not maintainable i..Category: Others | Date: 5 May, 2004 | Hits: 4
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......so confirmed by his rent case No. 43 of 1993. Thereafter he has created a new tenancy with one Abdul Jalil, happened to be the co-sharer of the suit property. Then he claimed title through purchase deed from Abdul Jalil and it has been categorically stated in the additional written statement that ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......n 26‑5‑1982 he, however, revoked the power of attorney because the defendant (Md Nurul Huq) had sold his valuable property and misappropriated the sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......sion as a first Court of appeal could have compared the signatures themselves, that the High Court Division erred in law in sending the case on remand for examination by a Handwriting Expert when the deed of agreement was proved by the plaintiff himself and by two other attesting witnesses, PWs 2 an..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ...... in the schedule to the plaint at a consideration of Taka 14,00,000 and on 15‑9‑2002 paid Taka 1,00,000. As said opposite parties on 25‑10‑2002 declined to execute and register necessary sale deed the plaintiff was constrained to institute the suit on 20‑11‑2002. 3. On 18‑1‑2003..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
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. ......ilding situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Motijheel Comm..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......a registered kabala dated 3‑71356 but did not deliver possession of the transferred land and then the defendant Nos. 14‑16 on payment of kabala money to Munshi Chand Ali Mollik got a deed of reconveyance and to the knowledge of all including the plaintiff SA Khatian No. 193 has been..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... in the suit and Pre-emptor First Opposite party would have to given in. It is observed here that an Agreement for re-conveyance merely creating a right to obtain another document does not require registration as engrafted in section 17(2)(V) of the Registration Act, 1908 and on the strength of ......: a. (i) First opposite party of Revision petition, in the capacity of co-sharer by purchase, as pre emptor presented a petition under section 96 of The Act for the land delineated in sale deed dated 17.7.1997 in favour of stranger pre-emptee second opposite party of Revision Petition in..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. ...... Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
..... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......he being a contiguous land owner, has the right of pre-emption against the pre-emptee, who is a stranger thereto and the pre-emptee without serving the statutory notice upon him obtained the disputed deed of transfer collusively in order to defeat his right of pre emption and that he for the fi..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....number 196 in four monograms with pictures of scales and the petitioner in order to protect and safeguard his business interest over his manufactured "Aziz Biri" products got his trade mark registration of the aforesaid trade mark "Aziz Biri" with all its descriptive nature of la......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. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....nd its Annexures along with the impugned provision of law. Section 4 of the Muslim Marriages and Divorces Registration Act, 1974 is as follows: 7. "Nikah Registrars: For the purpose of registration of marriage under this Act, the Government shall grant licenses td such number of perso...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......209;petitioner forthwith. 4. The case of writ‑petitioner‑respondent No.1 is that he purchased the case property from one Abdur Sattar who failed to execute and register the deed of sale in favour of the respondent No. 1 and thus the respondent No. 1 instituted a suit for ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... Block‑F, Mohammadpur Housing Estate, for 99 years from the Government on the basis of the allotment letter dated February 12, 1979 and in due course they paid the salami in 4 instalments and lease deed was executed on July 30, 1980 and possession was made over on September 12, 1979, that in 1990 ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... of Joy Gopal Mondal and thereupon Kartik Mondal got the property in Sarabo Mouza has not been disproved by the contesting defendant Nos. 1 and 2, rather plaintiffs have proved the said fact by the deed (Exhibit 6) executed by the son of Gonesh Mondal. It may be mentioned part of the property out..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....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. ......86. From the statement of D.W.1 we find that he accepted Tk. 10,000/- on 31.8.84, Tk. 27,000/-on 28.9.84 and Tk. 18,000/- on 30.11.84. The defendant introduced a new story that it was agreed that two deeds would be executed, each for taka one lac one deed on 3.8.84 but on that date taka one lac was ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....be graced with reliefs prayed for. 26. Points formulated now may be approached and resolved. 27. Point No.1 Plaintiff Bank traced its title on the strength of an allotment and the execution and registration of a lease deed from former D.I.T. now RAJUK who is said to have acquired property in d......tory and building and it was treated as an abandoned property and it was taken over by Ministry of Industries as an abandoned Industry. Ministry of Industry, thereafter, transferred the property by a deed of transfer in favour of Defendant No.1 Saiyed Shahidul Huq as proprietor of Eastern Trading Co..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35