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Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......2003) 102. ......ate of registration lawfully of the trade mark of his brand name 'Lucky' of the CI Fittings but the petitioner did not raise any objection against such registration, that rather the petitioner most illegally started production of 'Lucky' brand CI fittings in the garb of sanitary goods with the same ..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....2, which dismissed the suit. 2. The plaintiff instituted the suit against defendants for a decree of declaration that the suit land measuring 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of sale dated 08‑06‑85 executed and registered by defendant No. 2 tr........……………..Petitioner Vs. M Aslam Miah & others......…….opposite Parties Judgment July 8, 2002. Cases Referred To- Serajul Karim Chowdhury Vs. Abul Khayer Chowdhury and others, 2 BLC 517; Syed Mahmud Ali Vs. Md Asmatullah and others, 32 DLR (SC) 39; Jamaluddin Vs. ...... of Defendant Nos. 2 to 4, the plaintiff might have instituted the suit. 6. By filing an additional written statement, he contended that the cancellation of the sanction by the Administrator was illegal and void and not binding upon him. 7. On the aforesaid pleadings, issues regarding maintain..Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....absence of any resistance from the lady. The learned Assistant Attorney-General also could not assail the judgment that the conviction and sentence was rightly and legally being passed. 7. For proper appreciation of the submission of the learned Counsels and the evidence on record, it appears......l with Md. Serajul Karim, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 4045 of 2006. Judgment SM Dastagir Husain J.- The appeal is directed against the judgment and order dated 10-8-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal and Special Se...... consent of the victim and there is absence of any resistance from the lady. The learned Assistant Attorney-General also could not assail the judgment that the conviction and sentence was rightly and legally being passed. 7. For proper appreciation of the submission of the learned Counsels an..Category: Criminal Law | Date: | Hits: 44
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......e is also Reported in: 59 DLR (2007) 520.......ah submitted his school certificate which speaks that he was below 16 years at the time of framing of charge against him and thus the trial of the convict appellants by the Speedy Trial Tribunal is illegal and without jurisdiction and that consequently, the impugned order of conviction and sentence ..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....me to their house and shouted at and rebuked his father, but did state that the accused persons used abusive language. The witness denied the suggestion that he filed a whimsical charge sheet without properly investigating the case. In his further cross-examination he stated that accused Selim. Faro......……. Condemned Prisoner-Appellant Vs. State…………………………………………………………. Respondent Judgment November 28, 2006. Cases Referred To- Dr. Jainand vs. Rex, AIR (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. Stat......he trial, namely Uzzal alias Elias Hossain, preferred Jail Appeal No. 593/2002 and also Criminal Appeal No. 3448/2002. The trial of the other accused-convicts proceeded in their absence after all the legal formalities for absentia trial were observed. Since the Reference and appeals arise out of the..Category: Criminal Law | Date: | Hits: 35
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......with Md. Rabiul Karim Assistant Attorney-General—For the Respondent-State. Jail Appeal No. 1027 of 2005. Judgment Khademul Islam Chowdhury J.- This Jail appeal is directed against judgment and order dated 17-7Â2005 passed by the learned Special Tribunal No.5, Mymensingh, in Special Tribu......accused may have been custody as provided under section 35A of the Code is consistent and not in conflict with the preamble of Special Powers Act, 1974 and, as such, the Tribunal below committed no illegality in ordering for adjustment meaning deduction. Last but not the least, the learned Advocate ..Category: Criminal Law | Date: | Hits: 43
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
...."surcharge" is defined as noun as (i) An additional tax, charge, or cost, usually one that is excessive. (ii) An additional load or burden. (iii) A second or further mortgage. (iv) The omission of a proper credit on an account, (v) The amount that a Court may charge a fiduciary that has breached it......urisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J HP Cold Rolling Mills Ltd……………………………………….Petitioner Vs. National Board of Revenue and others…………………Respondents Judgment July 25, 2007. Case Referred To- Za......tual export of the finished goods as drawback expeditiously, preÂferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...Category: Fiscal/Taxation Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....d paid the rent regularly to its original owner. 3. During the Liberation War the said original owner, Mr. S Naseem Anwar left Bangladesh and, as such, the said building, was declared as abandoned property under Presidential Order No. 16 of 1972 and the Government obtained the possession, control......an J Fida-ul-Huq……………………………………………………………………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh and others…………..Respondents Judgment June 7, 2007. Cases Referred To- Sekander ......on, the respondent No. 3, allotting the Flat No. JA, China Building, 99, Peel-khana Road, Azimpur, Dhaka to the respondent No. 5 should not be declared to be without any lawful authority and is of no legal effect. 2. The short facts of the petitioner's case is, that the petitioner entered into a ..Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
.... plaintiff, Md. Mohiuddin, applied to the defendant No. 1, Superintendent Engineer, for leasing out the suit land in his favour for the purpose of making brick works who decided to lease out the suit property for a period of three years on payment of Taka 56,025 as salami in favour of the plaintiff;......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rezaul Haque J Superintendent Engineer, PWD & anr……………………………..Petitioners Vs. A Mahiuddin and others.............................................Opposite Parties Judgment February 11,......is impugÂned judgment and decree dated 15-4-2002 dismisÂsed the suit on the finding that the period of lease was expired on 14-8-1998; that after expiry of the leasehold right, the plaintiff has no legal right in the suit land. 9. Being aggrieved by the aforesaid judgment and decree dated 15-4-..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Razzaque J Jinnat Ali (Md)..................................Petitioner Vs. Md. Abu Bakkar Siddique and others...............Opposite-Parties Judgment June 11, 2002. Case Referred To- Raf......sion occasioning failure of justice in allowing the appeal and thereby dismissing the petitioner's claim of pre‑emption in respect of the case land and his judgment and order do not suffer from any legal infirmity warranting any interference. 17. In the result, the Rule is discharged without an..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......t Division (Civil Revisional Jurisdiction) Present: Mohammad Fazlul Haque J NK Chakravartty J Mohsina Rahman alias Jaya………………………….Petitioner Vs. Abdul Majid and others…………….………………..Opposite Party Judgment June 24, 2001. Lawy......but the petitioner refused to pay the same agreeing to settle the said claim through Arbitration as there is Arbitration clause in the Lease Deed for which the Hon’ble Appellate Division found no illegality in the order passed by the High Court Division and the leave petition of the opposite party..Category: Civil Law | Date: | Hits: 77
....lso allowing an application for temporary injunction under Order XXXIX, rule 1 and 2 of the Code of Civil Procedure restraining the defendant-opposite party No. 1 from making any transfer of the suit properties to anybody else and from dispossessing the plaintiffs-petitioners from the suit propertie.......
......le Suit No. 407 of 2005 in the First Court of Joint District Judge, Dhaka for cancellation of Power of Attorney dated 10-8-2005 executed by the defendant No. 1, Malika Hasina Jahan (Lili), as void, illegal, inoperative and not binding upon the plaintiff petitioner No. 2, Nasrul Hamid, and also for f..
Category: Property Law | Date: | Hits: 34
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....jatan Daman Case and prayed for inclusion of the accused petitioners with Abdul Jabbar as accuseds to the said case. Learned Magistrate by order dated 20-2-2002 passed an order for filing the case in proper forum. Against which Criminal Revision No. 62 of 2002 was taken before the learned Sessions J......also Reported in: 59 DLR (2007) 468. ......nce of the offence in disposing of the revisional application arisen from a naraji petition. 3. Mr. Helaluddin Mollah, learned Deputy Attorney-General appearing for the State, did not dispute the legal point agitated by the learned Advocate, Mr. Habibul Islam Bhuiyan, but he submits that a direc..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... figure of profits shown by the accounts; Cf CIT vs Sarangpur Cotton Mfg Go: 1938 ITR 36 (PC). It is the duty of the Deputy Commissioner of Taxes to consider whether the income, profits and gains can properly be deduced from the method of accounting though regularly employed. 12. First, it m......espondent. Reference Application No. 266 of 2002. Judgment Md. Abdur Rashid J.- The facts upon which the above reference was presented in short, are, that the applicant was a limited company and engaged in the business of construction. It submitted income tax return as company for the asses...... case, when the applicant filed return and complied with the requirement of section 35(3), the learned Taxes Appellate Tribunal is judicious in holding the opinion that disallowances, save and except legal disallowances (failed to satisfy the requirement of law) is justified in law? (ii) Whet..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
.... import permit to the petitioner as required under Rules 3 and 5 of the Destructive Insects and Pests Rules, 1966 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a citizen of Bangladesh and carrying on business as importer and......nt: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Iqbal Hossain Mollah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 2006. Lawyers involved: ......h, table potatoes remain unrestricted goods so far as importation is conÂcerned. It is stated that the impugned omission is arbitrary and without proper authority and the respondent No. 1 is under a legal duty not to prevent the petitioner from importing table potatoes subject to the latter's compl..Category: Business or Commercial Law | Date: | Hits: 219
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....f the petitioner therein shall not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. It is stated that the petitioner, a retired OffiÂcer of Bangladesh Army, was elected ......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Major Monjur Quader(Retd.) ………………..Petitioner Vs. Bangladesh Bank and others………………..Respondents Judgment May 21, 2006. Cases Referred To- M/s ......nt No. 1, so far it relates to classified Borrower Code No. 60220 and the inclusion of the name of the petitioner therein shall not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro..Category: Banking Law | Date: | Hits: 125
....imate expectation to continue in that post until a permanent Nikah Register is appointed. It follows that a temporary Nikah Registrar cannot be replaced by another temÂporary Nikah Registrar without proper cause. Consequently, he is entitled to a prior show cause notice and an opportunity of being ......ublic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 5-1-2003 passed by the respondent No. 2 vide Memo No. 23 Judiciary 7/2N-39/94 (Annexure-F) and the impugned order dated 8-1-2003 passed by the respondent No. 3 vide Memo No. 20 (Annexure-G) c...... petitioner as Nikah Registrar of Ward No. 8 of Noakhali MuniciÂpality under Police Station and District Noakhali should not be declared to have been passed without any lawful authority and is of no legal effect.
2. It is stated in the Writ Petition that the petiÂtioner was appointed to the..
Category: Civil Law | Date: | Hits: 77
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....(1)3 ka, Narcotics Control Act 1990 but modifying and reducing sentence from 3 years RI to 2 years should not be set aside or to pass such order or other order or orders as the Court may deem fit and proper. 2. Rule was made returnable within 2 weeks. 3. Convict-appellant petitioner was enlarg......dismissing appeal No. 211 of 2004 up- holding Judgment, order of conviction dated 3-11Â02 by Metro Assistant Sessions Judge Chittagong in Sessions Case No. 305/99 arising out of GR case No. 1951 /96 and Kotwali PS case No. 4(10)96 under section 19(1)3 ka, Narcotics Control Act 1990 but modifying an......ears RI to 2 years RI. 11. Being aggrieved, convict-appellant petitionÂer (Mohammed Ali) preferred this Revision. 12. At the hearing learned Advocate for the convict-appellant-petitioner takes legal objection that trial Court wrongly charged under section 19(1)3 ka, Narcotics Control Act 1990..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....y of the informant punishable under sections 147/148/149/447/448/435/436/427 of the Penal Code and also committed the offence of blasting cocktail and bomb at the same incident within the residential property of the informant, punishable under section 3 of the Explosive Substances Act 1908. The inve......This Case is also Reported in: 59 DLR (2007) 433.......e contends that the allegation and the evidence on record lacking in disclosure of any element of offence under section 3 of the Explosive Substances Act, 1908, the learned Tribunal Judge committed illegality in passing the impugned judgment of conviction and sentence which cannot be sustained again..Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....erÂfunctory compliance of the Rules by the Registrar of Trade Marks, ignoring the purpose of provisions of law in its totality, is highly deprecated. When search is made under Rule 23, those must be proper and meaningful and taken to their final conclusion. In the light of the allegation in the pen....... This Case is also Reported in: 59 DLR (2007) 424. ......he associated mark, being registered trademark No. 1429, which is associated with trademark No. 2130, has not been assigned to the petitioner and hence, the assignment not being complete, on a strict legal construction, it has no locus standi to file this instant application. 12. Moreover, it..Category: Intellectual Property Law | Date: | Hits: 187
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