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.... of the world. The same view has also been taken in the case of SM Taufiq and others Vs. National Biscuit C., New York, reported in PLD 1962 (Karachi) 355.
9. From a consideration of the admitted, facts and the law involved we hold that there was, no long user of the respondent’s product in thi......
High Court Division
(Civil)
Present:
Mahmudul Amin Choudhury J
Md. Abdul Aziz J
Samah Razor Blades Industries Ltd…………….Appellant
Vs.
Supermax International Pvt. Ltd and another………….………….Respondents
Judgment
March 11, 1998.
Cases Referred to......6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237...
Category: Intellectual Property Law | Date: | Hits: 319
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....val of the President was illegal ab initio and accordingly, after this fact was revealed, the respondent No. 1 directed the respondent No. 2 to cancel the appointment of the petitioner and so, in the facts and circumstances of the present case, there was no requirement to issue any show cause notice......zul Islam J Sayed Nurul Hossain…….. Petitioner Vs. Secretary, Ministry of Industries.……………...Respondents Judgment June 8, 1998. Cases Referred to: Managing Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DLR (HC) 805, 29 DLR (SC) 2......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....m their control and possession but they have been falsely implicated in this case. 6. After close of the prosecution case the learned Tribunal in consideration of the evidence on record as well as facts and circumstances of the case convicted the accused petitioner and others for the offence char......l Islam J Md. Hassan Ameen J Shahidul…………….. Petitioner Vs. State ………………..Respondent Judgment August 13, 1998. Cases Referred to- Mofazzal Hossain Mollah and others vs. State 45 DLR (AD) 175 & Md. Sher Ali and others vs. State and another 46 DLR (AD)......that nothing was recovered from their control and possession but they have been falsely implicated in this case. 6. After close of the prosecution case the learned Tribunal in consideration of the evidence on record as well as facts and circumstances of the case convicted the accused petitioner a..Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ge was also framed against them under those sections at the time of trial. Both the appellants made statement under section 164 Cr.P.C. and on the basis of their statement and on consideration of the facts and circumstances of the case, the learned Sessions Judge found both of them guilty of the cha......once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......victs then jointly preferred the present appeal taking various grounds. 3. Mr. Md. Fazlul Karim, the learned Advocate who appeared on behalf of the appellants, took us through the judgment and the evidence on record and thereafter he has submitted that there is no evidence against the appellants ..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....the Appellate authority, found that there is doubt about the exact location wherefrom the vessel was seized there was scope for the revisional authority to decide this issue after taking the relevant facts into consideration and accordingly, the revisional authority, relying upon the map supplied by......KM Hasan J Md. Tafazzul Islam J Amora Holding Inc. represented by Mariners (Bangladesh) Ltd……..…………………….. Petitioner Vs. Bangladesh, represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance and others………..Respondents Judgment June 10, 1998......aving been satisfied that the contraband items were brought for smuggling, they imposed penalty as well as confiscated the items as well as the vessel. Further, the learned Member, NBR misreading the evidence, illegally held that the vessel was captured beyond the limit of customs water of Banglades..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....pondents fiercely contested the Rule and filed affidavit and supplementary affidavits-in-rebuttal to dispel the contention the petitioners put through. According to the respondent no.1, the purported facts put forward for consideration through the writ petitioner are so highly contentious that they ......16 BLC (HCD) (2011) 386. ......in the deal, which right could enable BAPEX to mobilize funds for further exploration by itself. Terms of the PSCs are incongenial to our interest, particularly in relation to environmental issues as evidenced by the Magurchara devastation. No insurance money has been obtained for Bangladesh and, on..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....stant Inspector is not illegal so as to vitiate the trial and the order of conviction and sentence. The submission of the learned Advocate on this score is thus found to be of no substance. 31. In facts and circumstances of the case and the evidence on record, I am satisfied that the learned Divi......te—For the Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 30-11-96 passed by the Divisional Special Judge, Rajshahi Division in Special Case N......hbub, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the prosecution has proved the guilt of the accused appellant by most consistent and overwhelming evidence and as such there is no justifiable ground to interfere with the impugned order of convicti..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
.... Annexure X-XI (Annexure D-D(1)). 6. Power on behalf of Respondent No.2 was filed by learned Assistant Attorney-General but no affidavit-in-opposition was filed by the Respondent to controvert the facts stated in the writ petition and to oppose the Rule. 7. Learned Advocate Abdul Malek appeari......AN Mominur Rahman J Md. Abdul Quddus J Begum Tahmina…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Prime Ministers Secretariat, Dhaka and others………………………….Respondents Judgment August 8, 2000. Cases Referre...... contemplated in section 4(1) of the Act must be the satisfaction of the Government alone and not of the Bureau of the Anti-Corruption. He then refers to the impugned order by notice dated 27-3-94 as evidenced by Annexure-A and submits that nowhere in Annexure-A there is any mention about said requi..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....her hand, Mr. Abu Salek, learned Senior Advocate appearing for opposite parties Nos. 1 and 2, submitted, the suit for possession was dismissed by the appellate Court below on due consideration of the facts and circumstances of the case and the evidence, both oral and documentary on record. The findi...... Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Ambabai Vs. HR Dani, AIR 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu S......5 of the Code of Civil Procedure and obtained the Rule as above. 8. Mr. SN Goswami, learned advocate appearing for the petitioners, submitted that Court of appeal below did not consider the entire evidence on record. The finding of the appellate Court that the “Ekrarnama” Exhibit 1 is forged ..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....ing an application for amendment of the plaint by way of striking out the name of the deceased sole defendant and adding the names of his legal heirs of the deceased defendant in his place. 2. The facts relevant for disposal of this application, in short, is that predecessor-in-interest of the op......vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457....... party in the plaint. 15. It is curious to note that plaintiff-opposite party not only failed to produce any material to substantiate his claim that defendant died on 25-11-90 but also produced no evidence to repel the contention of the defendant that the sole defendant died on 16-2-90 and the su..Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......ourt Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Ali Asgar Khan J Shamim Begum…………………Petitioner Vs. Chairman Court of Settlement and others ……………………Respondents Judgment August 11, 1999. Case Referred To- ......the provisions of Ordinance LIV of 1985 an application having been filed under section 7 thereof the Court of settlement is obliged-under section 10(5) to dispose of the case on merit considering the evidence and materials placed before it and as such there being no scope for dismissal of the case f..Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....hether the order under challenge calls for any interference by this court in the exercise of Revisional Jurisdiction under section 115 of the Code of Civil Procedure. 3. For the answer the precise facts forming the background of the Rule may be set out which are as follows: (a) The opposite pa......) ……………………..Petitioner Vs. Ainunnahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lucky for Mashuque Hossain Ahmed, Advocates—For th......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... in refraining from passing order on the ground adduced against the assessment order of the Deputy Commissioner of Taxes merged with order of the Commissioner of Taxes (Appeal).” 2. The relevant facts may be stated as follows: The applicant assessee is manufacturer of Bins which filed a retu......eing aggrieved by the aforesaid order of the Commissioner of Taxes (Appeal) the assessee took a second appeal being ITA No.1902 of 1993-94 before the Taxes Appellate Tribunal, Division Bench-I, Dhaka and the Appellate Tribunal by the impugned Judgment affirmed the order of the Commissioner of Taxes ......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....of Civil Procedure. The impugned order does not at all indicate about the satisfaction of the learned Court of appeal below about any sufficient cause justifying the default of the appellants. In the facts of the case, I am constrained to find that the learned Subordinate Judge failed to apply his j......lication under Order 41 rule 5 read with section 151 of the Code of Civil Procedure. Title Appeal No.226 of 1981 was earlier dismissed for default by order dated 6-6-91 which was ultimately set aside and the appeal re-admitted. 2. Mr. Azizul Hoque, the learned Advocate appearing for the petitione......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....grieved by the aforesaid order of the Tribunal, assessee applicant moved this reference application wherein the following questions of law have been referred to for our opinion: (i) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law to hold......……………Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, D......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ng that the case property do not answer the description of abandoned property within the meaning of President’s Order 16 of 1972 and as such the Court of Settlement taking a correct view of law and facts rightly passed the impugned order and directed the respondent to restore vacant possession of ...... This Case is also Reported in: 52 DLR (2000) 439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....r to Appeal No.298 of 1994 where the question as in absence of Sonali Bank whether a decree against its employees are executable and whether such cases are maintainable in absence of the Bank. In the facts and circumstances of those cases it was held that although the petitioner before the Administr...... also Reported in: 52 DLR (2000) 434. ......s and Mr. MA Wahab, the learned Advocate appearing for the respondents. 8. The learned Advocate appearing for the appellants submits that the judgment and decree by the Court below are based on no evidence and absolutely on hunch, surmise and conjecture. The learned Advocate further submits that ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ...... Vs. Bangladesh Shilpa Rin Sangstha (BSRS)...........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam,......past and closed. The defendant asserts that no excess amount was recovered and as such the suit of the plaintiff is liable to be dismissed. 8. The learned Subordinate Judge, after considering the evidence on record, decreed the suit. The BSRS then preferred the aforesaid appeal before the High C..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....ution of SA Rahamn J. as quoted above." 19. Generally speaking the main circumstances as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is be......J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allow......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......D) (2001) 612. ......r Hossain died in 1989 This ‘Ekrarnama’ was proved by P.W.5, young brother of the plaintiff. He also testified that the plaintiff purchased the land and paid the entire consideration. Besides the evidence of the plaintiff as P.W.1, P.W.2, the scribe of the agreement, also testified that the agre..Category: Property Law | Date: | Hits: 91
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