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New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

.... Class-29 of 2000 took place in ostensible full knowledge and acquiescence of the Predecessors-in-interest of the Petitioner. This is shown by the Opposite Party No.1 to undermine the veracity of the statements in this Application. Upon a review of the long-standing relationship between the Predeces......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....nitoring Officer, District Primary Education, Chandpur, P.W.12 is MM Sabbir Hossain, District Anti-Corruption Officer, who submitted memo of evidence and charge-sheet on perusal of the case diary and statements of evidence. P.W.13 Abdul Motaleb was a recording officer and P.W.14 Syed Liakat Hossan, ......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711.     ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

....ture in the first examination under section 161 the Code of Criminal Pro­cedure. Even if their names feature in the sec­ond examination under section 161 of the Code of Criminal Procedure the statements do not disclose any offence with regard to the respondents in the instant case. There are...... the ac­cused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law.  Ed. ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)

....victim out on the pretext for going to private tutor deceitfully exported him to India. 3. During investigation, police visited the place of occurrence, prepared sketch map and index and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure, tried to recover th......idence. But to his further query as to where the son of the informant had gone thereafter the accused could not make any satisfactory reply. The informant also wanted to know about his son from the parents of the accused repeatedly but unsuccessfully. The informant's belief is that accused appellant..

Category: Women and Children | Date: 9 May, 2005 | Hits: 84

M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

....earned Nari-o-Shihsu Nirjatan Daman Tribunal, Sylhet, application for stay with petition of complaint (annexure-A), inquiry report submitted by the learned Magistrate, 1st Class, Sylhet (Annexure-B), statements of the complainant M Mainul Khan, victim Parul Khanam and six other witnesses (Annexure-C......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

Anowar Hossain (Md.) and another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

.... approving the plan to the writ petition and the Rule, as issued, has been duly served upon the RAJUK and the Rule is to be disposed of on the basis of the averments made in the writ petition and the statements of RAJUK, if any, submitted through affidavit‑in‑opposition. 8. It is now settle......ejected without any order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 512.                 ..

Category: Civil Law | Date: 25 Apr, 2005 | Hits: 4

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

....vestigation into it. He visited the place of occurrence and prepared a sketch map along with an index thereof. He tried to seize alamats. He examined the victim and other witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He also attempted to arrest the accu......hout paying any heed to her he began to defer the matter. Finding no other alternative she brought the matter to the knowledge of her mother who without delay apprised her father of the matter. Her parents called the jail appellant to their house and asked him to marry her but he refused whereupon a..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

.... আসে। পুলিশ আসার পর আর আসামী রফিক বাড়ীতে ছিল না।”         27. The aforesaid statements of P.W.19 could not be shaken during cross-examination. She denies, the defence suggestio......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)

....ills for January, 2001 and February, 2001 were so inflated. 17. In Writ Petition No.8269 of 2002 in paragraph 3, the petitioner mentioned the bills to be paid from March, 1994 to June, 2000. The statements made about the bills during that period were not contradicted by respondent No.7 in its a......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed.     This Case is also Reported in: 57 DLR (2005) 560. ..

Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4

Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)

....have been falsely implicated in this case. 5. After conclusion of the prosecution evidence both the accused appellants were examined under section 342 of the Code of Criminal Procedure and their statements were accordingly recorded. They again pleaded not guilty and declined to adduce any witne......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615.       ..

Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

....drew the attention of the Secretary, Ministry of Works but did not get any reply and hence filed Title Suit No. 452 of 1985. 3.  Defendant Nos. 1-3, 4, 5 and 8 filed two separate written statements but ultimately defendant Nos. 1-3 contested the case stating that the owner Syed Mahabubu...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....of the letter of the Commissioner of Taxes dated 20‑11‑2001. Before this letter, the Deputy Commissioner of Taxes had no definite information about conceal­ment as alleged. Moreover, the Bank statements clearly shows that the amount remitted to assessee­-applicant's account in the co......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....esent. Besides, P.W.1, stated in his evidence that Sana Mia was present at the time of talk. But in the plaint the name of Sona Mia is totally absent. 11. In view of the above self-contradictory statements of plaintiff P.W.1 regarding time and place of talk of the contract as well as payment of......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....the appeals were not considered by the Election Commission. 5. Writ-respondent No.7 appeared in the rule and contested the same by filing affidavit-in-opposition wherein he denied the statements made in writ petition and also denied that he is a bank loan defaulter and asserted that......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Ayub Ali Vs.State, 2005, 34 CLC (HCD)

....on witnesses namely, Md. Kamrul Hassan and Md. Hafizur Rahman Habib, in the prescribed column of the witnesses of the charge-sheet on the ground that during investigation they were examined and their statements have been recorded under section 161 of the Code of Criminal Procedure but due to mistake......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)

....completion of the project the withholding of the money against the completed project by the Hon'ble Minister, was made illegally and without any lawful authority. He further submits, referring to the statements made in paragraph 11 of the petition that the works in sub-project 9-36 were stayed by th......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..

Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31

Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)

....sing the concurrent finding of fact of the courts below. With, all due respect to the learned Judge of the High Court Division it may be mentioned the learned Judge was in error in considering the statements made in paragraph 7 of the plaint as quoted herein above and also the evidence of the DW......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..

Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......of the plaintiffs as to execution of the bainapatra by him and alleging that he instituted SCC Suit No. 88 of 1980 for the ejectment of Khurshed Ali Master as he became defaulter in the payment of rents, that during the pendency of the SCC  suit there was a 'salish' in August, 1981 where Kh..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....ot follow the norms and it might be irregular but it cannot be said to be an offence and it cannot be branded a penal offence punishable under any law of the country. Mr. Huq further submits that the statements of the witnesses under section 161 of the Code does not disclose involvement of the accus......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....uty of the National Salt Committee (to be appointed under the Act) and the authority to file case by the inspectors have been provided in the provisions of the Act and the Rules. 12. Considering the statements made in the application, submissions of the learned advocates and the materials on record......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..

Category: Health Law | Date: 14 Dec, 2004 | Hits: 239