Search Options
Judgment Advanced Search
Displaying 3801-3820 of 7208 results.
....nd annexures submitted by them and examination of the plaintiff’s trade mark as a whole and not merely a particular part of it, namely, the horse mark, the defendant’s label does not appear to be identical to the plaintiffs trade mark and there is no confusion at least amongst the dealers of saf......rials on record the same is not vague.
5. It appears from the submission of the learned Advocate both the parties that written statement in the suit has already been filed by the defendant and the question of maintainability of the suit has clearly been raised in the said written statement. None ......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......it anomalous situation that would crop up in view of conflicting claims against defendants 1‑4 and the Insurance Company, defendant No.5 who is not a party to the alleged equitable mortgage and the question of limitation as were raised by the defendant Nos.1‑4. The Court in its discretion may al......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......ahim Miah, the predecessor of respondent Nos.13 to 15 who was a close relation of said Abdus Samad Chowdhury and in the same sitting Md. Yunus Mia executed a deed of agreement to reconvey the land in question within three years to respondent No.2 and that the case land was always in the possession o...... purchaser never entered into any agreement with the vendor for reconveyance of the purchased land and he has also not authorised Yunus Mia to execute any agreement on his behalf. He submits that the facts and circumstance indicated that the transaction is out and out a sale and can never be constru..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......ited monthly rents upto June, 1994 with the House Rent Controller and he produced chalan depositing rents by the defendant with the House Rent Controller from June 1990 to June, 1994. So, there is no question of adjusting the arrear rent as the defendant has already deposited all rents with the Hous......ent and other materials on record, submitted that Court below acted illegally in relying on the decision in the case of Shamsuddin Ahmed Vs. Mohd. Hassan and others reported in 31 DLR (AD) 155 as the facts of that case is distinguishable from the facts of the present case as has been noticed by the ..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without complying with Article 116 of the constitution. ......Joint Secretaries in the aforesaid Ministry by the Government no consultation with the Supreme Court was held. 20. The factual matrices of this writ petition are thus undisputed. 21. Certain facts such as the allegations made regarding Mr. Khondakar Md. Abu Bakar by the petitioner in his wr..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......ing an order of status quo. This prayer was refused by the High Court Division. Leave was granted to consider whether the High Court Division was correct in refusing the status quo.
2. The crucial question is in the facts and circumstances of the case whether the excess land is retainable in view......tus quo. This prayer was refused by the High Court Division. Leave was granted to consider whether the High Court Division was correct in refusing the status quo.
2. The crucial question is in the facts and circumstances of the case whether the excess land is retainable in view of section 20 of t..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......withdrew the excess payment amounting Tk. 39,09,358.00 though the entire goods under the contract were not supplied to the consignee. The suit was, therefore, liable to be dismissed, and there was no question of filing the arbitration agreement in Court. The learned Subordinate Judge decreed the sui......here is, a dispute between the parties arising under the agreement. Therefore, this dispute should be referred to the Arbitrator as envisaged in clause 21 of the agreement between the parties. In the facts and circumstances of the case, I hold that provisions of section 20 of the Arbitration Act can..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......ssessee-appellant preferred a Reference application under section 66(1) of the Income Tax Act, 1922, before the High Court Division, being Reference Application No.28 of 1978, framing the following questions of law, that arose out of Tribunal’s order: “(i) Whether on the facts and in circum......he assessment under section 34-A of the Act, by her letters dated 19-7-76 and 31-7-76 contending therein that the Income Tax Officer having made the assessment with full knowledge of all the material facts and after due consideration thereof, in absence of any fresh material, there was no scope to a..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......dent No.1. Civil Appeal No. 82 of 1981. (From the judgment and order dated 4th May, 1982 passed by the High Court Division in Civil Order No. 689 of 1981) Judgment Shabuddin Ahmed J.- The question raised in this appeal by special leave is whether the transfer in favour of Co-sharers whos...... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......as set aside and the Court directed the Munsif to recommence the proceeding of the Court from the stage at which the pleader Commissioner submitted his report. 3. Leave was granted to consider the question whether the parties can invoke the violation of natural justice when they were duly served ......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......CJ.- When the following civil appeals and petitions for special leave to appeal, namely, C.A. No. 90/81, C.A. 34/82, C.P. No. 30 & 31/82, C.P. No. 9/81 and C.P. 68/82 came up for hearing today, a question common to all of them arose in view of the Proclamation of Martial Law on March 24, 1982. T......e law as it exists “today”, no finality can be attached to the judgment when that judgment being challenged may be reversed, altered or modified. To appreciate this view a brief discussion of the facts of those cases is essential. 61. In the case of Dosso the appellant was tried and convicte..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......eferred before Income Tax Appellate Tribunal Dacca Bench, Dacca. The said Tribunal rejected the appeal upholding the assessment order of the Sales Tax Officer. 4. In these facts the following question was framed by the Tribunal for the opinion of the High Court Division- "Whether the fac......ter an appeal was preferred before Income Tax Appellate Tribunal Dacca Bench, Dacca. The said Tribunal rejected the appeal upholding the assessment order of the Sales Tax Officer. 4. In these facts the following question was framed by the Tribunal for the opinion of the High Court Division- ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......secuting the Miscellaneous Case at this stage as the matter is sub judice before the High Court Division" and stayed the Miscellaneous Case and further liberty was given to the parties to raise the question of maintainability of Miscellaneous Case. Another prayer was made on 26-6-76 for hearing ......the first Court does not merge in that of the Court of appeal. The question whether the decree of the first Court of first instance has merged into that of the Court of appeal will depend upon the facts of each case. The proviso to the rule has taken care where the decree is of such a nature tha..Category: Procedural Law | Date: | Hits: 80
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......der section 302 and not 304 Part 1 of the Penal Code. To appreciate the submission of the learned Deputy Attorney-General relevant finding of the High Court on the issue may be set out:
“Now the question is whether the materials on record warrant conviction of appellant Siddique Ahmed under s......bodily injury as was likely to cause death. He has also pointed out that the learned Judges nowhere said that any of the exceptions enumerated under section 300 of the Penal Code was attracted to the facts of this case."
5. In such a state of the finding of the learned Judges, the learned Deputy ..
Category: Criminal Law | Date: | Hits: 74
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......he Petition for Leave to Appeal is directed against the order dated the 23th day of September, 2007 passed by the High Court Division in Writ petition No. 1706 of 2005 discharging the Rule. 2. The facts of the case, in short, are that the petitioner filed an application on 20-10-2003 before the C..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ...... 7th day of the next month. It is found by all the Courts below that the rent for the month of July, 1982, was sent through money order on 12-8-1982, four days after the stipulated period. 11. The question is whether the defendant-tenant is a defaulter for the delay of the said four days. 12......udgment delivered by my brother ABM Khairul Haque J. ABM Khairul Haque J.- This appeal is in respect of ejectment of a monthly tenant and for realisation of arrear rent and compensation. 4. The facts leading to the filing of this appeal are that Alhaj Sadequr Rahman Chowdhury instituted a suit..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ...... was a forged one. 3. Both the Trial Court and the first appellate court found the Power of Attorney in favour of Md. Hanif was a forgery, in that, his name was subsequently interpolated. On the question of the Sale decree in the earlier to Title Suit No.72 of 60, the two Courts came to conflic......proach to test the genuineness of the solenama. The settlement of Mr. Karim is difficult to accept. When a question of fraud of collusion is raised, it is a question of fact and is dependent upon the facts and circumstances of a particular case, and no hard and fast rule can be laid down. The learne..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......Insurance. 6. We have also gone through sections 45 to 47L of the Act which are relevant for the disposal of the appeal. Under section 45 of the Act, no policy of life insurance shall be called in question after the expiry of two years from the date on which it was effected by the insurer on the ......Act, 1994 against an order dated 17-2-1999 of the subordinate, 5th Court at Dhaka rejecting its plaint in Title Suit No.30 of 1999 on a finding that the suit as framed was not maintainable. 2. The facts which are not disputed are that, deceased Rafiqul Islam insured his life for Taka 200000.00 wi..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... Article 66 of the Memorandum and Articles of Association of CCCI the petitioner cannot avail remedy in the court of law. 20. The Writ Petition is also not maintainable because of so many disputed questions of fact relating to notice, membership and signatures, which cannot be resolved without ad......he impugned Circular and actions of the respondents in not cancelling the impugned resolutions should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts, in short, are that, the petitioner was elected to the office of the President, Chittagong Cha..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......ty-five representatives of senate by the registered graduates, is not maintainable in law, as section 46(17)(ii) of the First Statutes of Dhaka University provides that no election shall be called in question except by an election petition. It is also not maintainable as Article 52 of the Dhaka Univ......aid election results of the Senate of the Registered Graduates of Dhaka University should not be declared to have been made illegally and without lawful authority and is of no legal effect. 2. The facts, in short, are that, the petitioners, as Registered Graduates of Dhaka University, took part i..Category: Election Law | Date: | Hits: 105
49714970496949684966496549644963496249614960495649554954495249514948494449434942