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Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......se is also Reported in: 58 DLR (2006) 287. ......rikes the eye and fixes itself in the recollection? Such a feature is referred to sometimes as the distinguishing feature, sometimes as the essential feature of the mark. In cases of this nature, the question of resemblance and the likelihood of deception are to be considered by reference not only t..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......er as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......s, Mainuddin Mollah son of late Monsur Mollah and Sonaruddin son of Ainuddin are accused Nos. 1, 3, 7 and 5 in the petition of the complaint filed b Motleb Mondal of SC 28/2001. He accordingly raises question, whether the law and procedure will permit to bring the accused of complaint case being wit..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......ctions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......he suit was originally filed as Money Suit No. 33 of 2007 in the Court of Joint District judge, Third Court, Dhaka for realization of Tk. 5,53,26,76,000/- as compensation by way of damages. The whole question centered around about the legality of the order dated 02.08.2010 passed by the Joint Distri..Category: Civil Law | Date: | Hits: 82
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....nder Order IX, rule 13 of the Code of Civil Procedure. 2. The opposite party No.1 Syed Saifuddin Mohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for declaration of title, separate possession and partition in the First Court of Subordinate Judge, Sadar, Chittagong. 3. The short......2 for declaration of title, separate possession and partition in the First Court of Subordinate Judge, Sadar, Chittagong. 3. The short facts relevant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died leaving 3(three) sons ......his Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......ufficient cause from appearing when the suit was called out for hearing, the court will set aside the decree passed against him and appoint a day for proceeding with the suit. 23. In this case the question of service of summons does not arise as the defendant appeared himself and contested the su..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......his Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......pears that the petitioner contested the suit but he adopted dilatory tactics to harass the opposite party. It shows that he purposely avoided giving notice to the Chairman of Tangail Municipality, so question of reconciling was not held. All these unfair activities of the petitioner made her life mi..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......y this Hon'ble Court. From the material evidence on record and from Affidavits submitted by the contemners, we find that they have committed contempt of Court which is punishable under the law of the land. 8. Before we decide upon the affidavits tendering unconditional apology, what seems very st...... are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......ported 7000 Metric tons of rice from India on 8-4-1995 through respondent No. 2 (Rupali Bank Ltd) and that when the rice reached at Chittagong Port, on weighment 114 metric tons was found to be short landed and out of the actual 6886 metric tons of rice, the petitioner took delivery of 2746 metric t...... Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......he defendant-petitioner for rejection of the plaint has been passed in accordance with law and, as such, no interference is called for. Mr. Siddique submits that dismissal of the plaint involves both question of law and fact and since the Court in writ jurisdiction cannot decide the disputed questio..Category: Civil Law | Date: | Hits: 131
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... 2. Pending hearing of the Rule, the operation of the impugned memo dated 29-11-94 (Annexure 'E') was stayed and the respondents were restrained by an order of injunction from interfering with the possession of the petitioners' land in question. 3. The case of the writ petitioners, in short, i......ondent No.1 should not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be issued upon the respondents to accept rents in respect of the lands of petitioners. 2. Pending hearing of the Rule, the operation of the impugned memo dated 29...... made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ...... operation of the impugned memo dated 29-11-94 (Annexure 'E') was stayed and the respondents were restrained by an order of injunction from interfering with the possession of the petitioners' land in question. 3. The case of the writ petitioners, in short, is as follows: The petitioners are the r..Category: Property Law | Date: | Hits: 99
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......al, Mymensingh in Miscellaneous Case No. 49 of 2000 (pre-emption) disallowing the pre-emption. 2. The case of the pre-emptor-appellant opposite party Md. Sohrab Ali, in brief, is that the disputed land belonged to opposite party No. 2 Haji Md. Kazimuddin Akand who sold the same measuring 10 decim......costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......orded as "Nama" land. The deed under pre-emption dated 16-6-1997 shows that the class of the land is "Kanda" land and other relevant documents also show that the land is "Kanda." As such, the land in question cannot be "Chandina" land within the periphery of any Bazar. Government also never declared..Category: Property Law | Date: | Hits: 91
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....n the case reported in 13 DLR 871. 13. In respect of the next case relied by the learned Joint District Judge reported in 1985 BLD 61 where in a suit for declaration of title and recovery of khas possession the plaintiff wanted to amend his plaint upon inserting. "Defendant entered into the ......sary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partition Suit No. 195 of 1985 before the Subordinate Judge, Kishoreganj seeking partition of their share in the suit land. The suit on transfer to the Assistant Judge, Kishoreganj was re-numbered as Partition Suit No.......nj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240....... arisen out of a partition suit and the matter of amendment as prayed for by the petitioners as per Annexure-B under no circumstances change the nature and character of the suit or of the plaint, the question of limitation as has been held by the learned Joint District Judge has been utterly misconc..Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....y letter of acceptance was issued to the plaintiff; neither the plaintiff deposited nor the defendant accepted any amount of his bid money; as such the plaintiff acquired no right, title, interest or possession over the steel materials described in the schedule of the plaint. 4. The learned Assis......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......low at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)
....ers passed as to this Court may seem fit and proper. 2. Before the issuance of the Rule delay of 29 days was condoned. The plaintiff-opposite party filed the suit for declaration of title and khas possession of the suit land with an additional prayer for partition. The contesting defendant filed ......ourt may seem fit and proper. 2. Before the issuance of the Rule delay of 29 days was condoned. The plaintiff-opposite party filed the suit for declaration of title and khas possession of the suit land with an additional prayer for partition. The contesting defendant filed written statement denyi......volved: Abdul Hoque, Advocate—For the Petitioner. Not represented— the Opposite Parties. Civil Revision No. 374 of 1999. Judgment Salma Masud Chowdhury J.- This rule was issued calling upon the opposite parties Nos. 1-4 to show cause as to why the portion of impugned order dated 6......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227...Category: Procedural Law | Date: | Hits: 106
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....the advocate commissioner effecting partition, the preliminary decree was on 25-7-2001 made final. Then, said plaintiff levied the final decree into execution in Title Execution Case No.1 of 2002 for possession. 3. Meanwhile, opposite party No. 1 as a plaintiff on 16-6-2002 instituted Title Suit ......s of deceased defendant No. 232 Jalal Patwari. 13. Meanwhile, said Mohsin Khan took steps for partition and the advocate commissioner appointed submitted his report effecting partition of the suit land. The Court accepted the report in due course and made the preliminary decree final on 25- 7-01.......pposite Parties. Judgment March 16, 2004. Case Referred to- Amimdlah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. Lawyers Involved: Joynal Abedin, Advocate—For the Petitioners Mojibur Rahman, Advocate—For the Opposite Parties. Civil ......inary decree was made final. They also produced a certificate from the local Chairman to that effect. 16. Date of death of defendant No. 232 Jalal Patwari has, therefore, become a highly contested question of fact which cannot be decided here in this revision proceeding. 17. What surprised us ..Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
..... 11. The proposition of law under section 96 of the State Acquisition and Tenancy Act, 1950 is very clear that to shut the door against all the strangers who shall encroach upon the ownership and possession of the real co-sharers and whereupon the real co-sharers can remain in enjoyment of their......iscellaneous Case No. 12 of 1998 in the Court of the learned Senior Assistant Judge, Begumgonj, Noakhali under Section 96 of the State Acquisition and Tenancyt Act praying for pre-emption of the case land alleging, inter alia, that they are co-sharer tenants in the case jote by way of inheritance as......eferred to- Abdul Wahab Vs. Samad Ali, 33 DLR (AD) 113. Lawyers Involved: Md. Abul Kalam Chowdhury, Advocate—For the Petitioner. Md. Khalilur Rahman Bhuiyan with Mohammad Mofazzal Hossain, Advocates—For the Opposite Parties. Civil Revision No. 5491 of 2002. Judgment Sheikh ......e case jote have not been impleaded in the application for pre-emption. Secondly, Mr. Chowdhury referring Exhibit "Kha" i.e. judgment and decree of Title Suit No. 30 of 1998, submits that the deed in question under the pre-emption proceeding was, in fact, a deed of mortgage but due to mistake the ka..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....er Khatian No. 1, Plot No. 190 at Mouza Haluaghat, District Mymensingh by way of settlement for 99 years and a kabuliat was executed and registered, being No. 4995 dated 27-5-1992. While they were in possession, the settlement was cancelled by opposite party No. 3 on 5-2-1995. Being aggrieved by the......his Court and obtained the instant Rule. 2. Facts necessary for disposal of the Rule, briefly stated, are as under the plaintiff-appellants-opposite party Nos. 1 and 2 were allotted 40 decimals of land under Khatian No. 1, Plot No. 190 at Mouza Haluaghat, District Mymensingh by way of settlement ...... (Civil Revisional Jurisdiction) Present: Zubayer Rahman Chowdhury J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. Cases Referred to- 1 MLR......e notice in the instant case would, in all probability, make no substantial difference as the settlement was cancelled on the ground of public interest which is borne out by the fact that the land in question has been found to be part of the graveyard. Moreover, in the instant case, the recommendati..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....it properties. In the suit in pursuance of an application the defendant opposite party No. 9 was impieaded as defendant by an order dated 13-2- 2005 and the said defendant began to interfere with the possession of the plaintiff and, as such, an application was filed on behalf of the plaintiffs prayi...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......€¦Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, 2006. Cases Referred to- Mohammad Eshaque Vs. Ruhul Amin and others, 34 DLR 342, Abdus Salam Vs. Bangladesh, 33 DLR 141. Lawyers Involved: Rufique-......st the order dated 14-5-2005 passed by the District Judge Chittagong was initially heard by a Division Bench comprising Mr. Justice ABM Khairul Haque and Mr. Justice ATM Fazle Kabir and a preliminary question of law arose as to the maintainability of revisional application before the District Judge ..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......mortgaged all its assets, movable and immovable properties including its machinery etc to respondent No. 3 bank as security for the loan. The petitioner company also mortgaged 50 (fifty) acres of its land worth Taka 23,12,50,000 and buildings, plants and machinery etc. worth Taka 80,07,37,000 as sec......charged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ......y the financial institutions including the banks although the element of debt is the common factor in both the legislations. 10. From the tenor of arguments advanced by the parties in the case the question that falls for determination is, whether the equality clause under Article 27 of the Consti..Category: Civil Law | Date: | Hits: 125
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......t at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......sed had sustained any bullet injury discharged from any rifle. The prosecution had left a fatal lacuna in the prosecution and the prosecution itself is to suffer therefore. 10. Irrespective of the question as to whether a bullet becomes split or fragmented in the tissue within the body, as there ..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......permission to submit charge-sheet against all the accused persons, that in the memo of evidence the investigating officer observed that Mofizur Rahman had dispute with the deceased over 4 decimals of land and that as per his order the occurrence took place. The learned Magistrate after consideration......sions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ...... before incorporating accused Mofizur Rahman in the charge-sheet though the investigating officer found nothing against him, the learned Magistrate ought to have considered the papers on record". The questions, whether in the facts of the given case the learned Magistrate is justified in taking cogn..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....do not own the vessel, Mr. Huq refers to section 4(4) (a) and (b) of the Admiralty Courts Act, 2000 and argues that the operative words in sub-section 4 of section 4 are "owner or charterer of, or in possession or in control of the ship". He argues that since the vessels are under the control of the......use of Lords [2004] 2AC1, page 14. para 59. 18. The tsunami had struck without any warning, resulting in the death of hundreds of thousands of people and destruction of property in Indonesia, Thailand, India, Sri Lanka, Burma, Bangladesh, Maldives, Malaysia, Somalia, Seychelles and Kenya. 19.......on with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......the affidavit in reply and the documents filed by the parties. From the pleadings and the deliberations of the learned Advocates for the respective parties it is clear that the disputes centre on two questions which involve (a) The ownership of the two vessels and whether the owners can be procee..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
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