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Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

....Tk. 4376.70 million in four years starting from 2007 and as a matter of fact the "PRAN FROOTO" brand mango juice occupies 52% of the market share of all Fruit juice marketed by different companies in Bangladesh. Upon such circumstances the petitioner prays for the removal of the regis­tered Trade m......2012) 730. ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

.... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Agriculture and others.........................dul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Shahjahan Atmasder................................Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Agriculture and ot......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....e this Court, for reasons best known to them. Accordingly, we have heard Mr. MI Farooqui, who having appeared before this Court refers to Article 7 of the Constitution of the People's Republic of Bangladesh which reads as under:— 7 (1) All power in the Republic belong to the people, a...... Court High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J KM Kamrul Kader J Tarik Hossain and others...................Appellants Vs. Dulari Begum & Others……………….....Respondents ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....o Reported in:......vision (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Human Rights and Peace for Bangladesh (HRPB)....................Petitioner Vs. The Mayor, Dhaka City Corporation, City Corporation Bhaban, Ramna, Dhaka, Bangladesh and o......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15

Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)

....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......High Court Division (Criminal Appellate Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Shah Md. Saiful Alam alias Liton and another…………………Appellants Vs. The State……………………Respondent Judgment February 2, 2012. Result: Th......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169

Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)

....na J Syed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respondents Judgment ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respo......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..

Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

....ng aside the award before making the award Rule of the Court...... (27) Case Referred to- National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Government of Bangladesh Vs. Samir and Co., 28 DLR (AD) 21; M/s Awan Industries Ltd. Vs. Executive Engineer, Lined...... Md. Imman Ali J      Md. Shamsul Huda J      MN Alam Associated Ltd......... ……………….Appellant Vs.    Chairman, Rajdani Unnayan Kartripakkhaya…………R...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

....6368 acre of land and the rest of the land of CS Plot No. 509 was recorded in the name of other transferee Saiful Islam. That Jitendra Nath Saha was living in the then East Pakistan and thereafter in Bangladesh all the time and possessed his 0.6368 acre of land of the suit plot along with other land......ra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Govern­ment College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....t Nos.1 and 2 for the signature of defendant No.3 on the tripartite agreement and every time defendant No.2 repeated that the owner of the suit land was outside the country and the moment he comes to Bangladesh, he will get the agreement signed by him on taking the balance money and would also regis......; Md Shamsul Huda J     Syed Mahmud Hossain J Md. lmman Ali J     Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others......................Respondents Judgment January 22......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)

....e Division in leave Petitions and in a summary manner, that cannot be treated or con­sidered as the declared law as contemplated in Article 111 of the Constitution of the People's Republic of Bangladesh. We are also unable to accept the said submission of the learned Advocate for the petitio...... High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J Sheikh Md. Zakir Hossain J Saiful Islam Jitu (Md.) ...................Petitioner Vs. State.............................Opposite-Party Judgment January 18, 2012. ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234     ..

Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....igh Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result:......rt High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)

....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......in: ...... suffer rigorous imprisonment for another one year. Since both the appeals have arisen out of same judgment and have been heard together, these are being disposed of by one judgment. 2. Informant Mst. Renu Begum produced Anesa Begum (appellant in Jail Appeal No.1286 of 2005) to Jhenaidah Police ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..

Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155

Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)

....any management agreement or any other similar arrangement with any third party other than the petitioner for operating, establishing or managing any “Hilton” branded hotel within the territory of Bangladesh, on the ground stated therein. 2. Upon admitting the application under Section 7(a) of...... is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..

Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45

SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)

....Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment January 10, 2012. Re......Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J SS Enterprise…………………..............................Petitioner Vs. Government of Bangladesh others………………………Respondents Judgment Ja......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..

Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102

Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)

....afely rely upon the decision of an unreported case of Arifuzzaman Vs. State and another, passed in a criminal petition for lease to Appeal No.514 of 2010 of the Appellate Division of Supreme Court of Bangladesh. 18. In the light of the above findings we are of the opinion that there is no merit i...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment Janu......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..

Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452

Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

.... 26; Kali Das Ghosh Vs. Mungiram Bangur and Company, AIR (1955) Cal.298; Anwara Begum Vs. Md. Karimul Haque and others 5 BLC (AD) 119; Ma Shwe Mya Vs. Maung Mo Hnaung, 63 I.C. 914; Mojibur Rahamn Vs. Bangladesh, represented by the Secretary, Ministry of Works 47 DLR 232; Yousuf (Md.) Vs. M A Wahab 6......on (Civil) Present: Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Mahua Khair …………...........................Appellant (In both the appeals) Vs. Amena Begum Ali Ispahani…………….....Respondent (In both the appeals) Judgment ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Sha......reme Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)

.... Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, D...... Md. Shamsul Huda J Mohammad Noor-E-Alam Jahangir, English Teacher Rifles Public School and College,Dhaka....................................................Petitioner (In both the cases) Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Banglades......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..

Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90

Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)

....uhammad Imman Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents Judgment January......ahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..

Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92

Anti-Corruption Com­mission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)

....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ...... Appellate Division (Criminal) Present: Md. Muzammel Hossain CJ Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Com­mission....................Petitioner Vs. AKM Shamim Hasan and another............Respondents Judgment January 2, 2012. ......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..

Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179