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Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......sion in Civil Petition for Leave to Appeal No. 355 of 2002 which affirmed the judgment passed by the High Court Division in the said reported case. 16. Mr. Shahid Hossain further submitted that in view of the clear finding given by the Deputy Registrar of Trade Marks in Rectification Case No. 244..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335........ Mr. Khurshid A lam Khan, the learned advocate for the appellants, concentrated his submission on two issues, namely, (a) legality of the joint trial of the under 16 accused along with six adults in view of the requirement of separate trial, under section 6 of the Children Act, 1974, and (b) reliab..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ...... had 1/3 rd share in the suit land out of which, the defendant No. 1 has claimed ½ share by way of oral purchase but he has failed to substantiate his claim by adducing any iota of evidence; that in view of the testimony of defendant No. 1 Radha Mohan Singh who has no knowledge about the date and y..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......and, in addition, the trial Court ought to have considered whether the plaintiffs of the present suit were, in fact, residing at the addresses shown in the plaint of Other Suit No. 105 of 1983 and in view of the evidence on records the trial Court ought to have decreed the suit but the failure of th..Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......er section 324 of the Penal Code is not proved. However, considering the evidence on record, there is no doubt that an offence under section 323 has been committed by the accused petitioner. 8. In view of the facts and circumstances of the case, the parties being inhabitants of the same Municipal..Category: Criminal Law | Date: | Hits: 97
.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......or the settlement of disputes and also refers to section 34 of the Industrial Relations Ordinance, 1969 which entitles a worker in service to seek redress before the Labour Court, and submits that in view of such specific provisions under the law, the petitioner not having resorted to the alternativ..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......the learned Advocate also submits that when accused pleads guilty the Court must be generous to award lenient sentence since our sentencing policy is reformative and not retributive one. Taking these views into consideration and also considering the old age of the accused-petitioner, the punishment ..Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......dy found that the grounds of delay in filing the documents in question can be said to be reasonable and documents have not been found to be suspicious or unauthentic or spurious. Hence, we are of the view that the learned trial Court had rightly admitted the said documents into evidence for ends of ..Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......t or proceeding. The Court should proceed on the principle that every procedure which furthers administration of justice is permissible even if there is no express provision permitting the same. This view finds support from the decision in the case of HM Saya and Co Vs. Wazid Ali Industries Ltd. rep..Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....ional District Judge as the case may be, made under sub-sections (2) or (3) shall lie, where the High Court Division grants leave for revision on an error of an important question of law resulting in erroneous decision occasioning failure of justice, and the High Court Division may make such order i......held that rejection of a plaint is not a decree in all cases, but if the rejection of plaint goes so far as to determine the question between the parties, then it will operate as a decree." 18. In view of the above, let me now quote and examine the finding of the impugned judgment. In disposing o..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......eport can not be treated to be one under section 173 of the Code of Criminal Procedure as required under section 27(1) of the Nari-o-Shishu Nirjatan Daman Ain as amended. 25. We are clearly of the view that upon said report dated 7-9-04 of officer-in-charge, DB Brahmanbaria learned Nari-o-Shishu ..Category: Criminal Law | Date: | Hits: 48
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. ......ion of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..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. ......ccused No. 1, 3, 7 and 5 of the complaint case SC 28/2001 can be called as Court witnesses under section 540 of the Code in the complaint case SC 28/2001 to be examined and cross examined as such, in view of above decision. No such problem as above arose in the cited decision for any observation and..Category: Criminal Law | Date: | Hits: 41
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......en passed, has the following remedies available to him: 1. to apply to the court by which such decree is passed to set it aside; 2. to prefer an appeal against such decree; 3. to apply for review; 4. to file a suit on the ground of fraud; 21. The above remedies are concurrent and they..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. ......e Chairman. The Muslim Family Laws Ordinance for the purpose of affecting the talaq has provided that the giving of notice in writing to the Chairman, a copy thereof to the wife is mandatory. Similar view has been expressed in 75 DLR (SC) 9 and PLD (1963) (SC) 51. 21. No talaq will be effective i..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.......n any case then such officer is not only guilty of contempt of this Court but also of insubordination. We are in respectful agreement with the aforesaid decision reported in 51 DLR 515 and are of the view that in the present case the contemner No. 1 is also guilty of insubordination. In the facts an..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. ......sub-rules (1) and (2) of Rule 33 of Bankruptcy Rules, 1997. the petitioner cannot be treated to have committed an act of bankruptcy as contemplated under sub-section (1)(Jha) of section 9 and in that view of the matter the respondent No. 2 cannot be treated to be an eligible creditor as defined unde..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ...... the accused on the charge of abetment for murder and rightly discharged the accused under Section 265C of the Code. 10. In the light of the aforesaid findings and decisions it is our considered view that while disposing of an application under Section 265C of the Code of Criminal Procedure pre..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......lant could not show that notice in writing to the parties of the making and signing of the award was ever served by the Umpire and /or was received by the appellant or the respondent. We are of the view that the High Court Division rightly found that no such notice was ever served by the Umpire as..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
.... petitioners are concerned. In the result, the Rule is 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. ......d the petitioner's case is a fit case to receive such interpretation. The legislation in question appears to be a beneficial piece of legislation. 15. From the foregoing discussions, we are of the view that the petitioner's case appears to be an appropriate case to attract the State Acquisition a..Category: Property Law | Date: | Hits: 99
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