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Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355....... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......he ground and got himself injured and due to profuse bleeding, he succumbed to the injuries and that the accused-persons were falsely implicated in the case. 9. Considering the evidences and other facts and circumstances of the case, the learned Trial Judge found the accused-appellant guilty unde..Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......respondent No. 2 from the service in compliance with all the provisions of law and that it is apparent from the impugned judgment and order that the Labour Court below (respondent No. 1) also did not question as to the veracity of the domestic inquiry but questioned only on the authority of the Assi......g Director who is the Chief Executive of the petitioner-company. Therefore, the observation of the learned Labour Court that the dismissal order was issued by an incompetent authority is not based on facts or law. lie further submits that the learned Labour Court below failed to appreciate that the ..Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....status of the said trade mark, the opponent has become the absolute owner of the said trade mark and nobody else in Bangladesh has any right to use the said trade mark or any mark or marks similar or identical with the registered trade mark of the opponent. The opponent has built up a valuable goodw......dents. Trade Marks Appeal Nos. 51-52 of 2001, 11-12 of 2002 and 5 of 2004. Judgment Md. Abdul Wahhab Miah J. - In all these appeals the appellants being the same and similar facts and common questions of law being involved, have been heard together and are being disposed of by this single j......€” For the Respondents. Trade Marks Appeal Nos. 51-52 of 2001, 11-12 of 2002 and 5 of 2004. Judgment Md. Abdul Wahhab Miah J. - In all these appeals the appellants being the same and similar facts and common questions of law being involved, have been heard together and are being disposed of..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.......ch of this Court in the case of Kawsar-un-Nessa and another Vs. State reported in 1995 BLD 21 to be an illegality vitiating the trial. We fully agree with the view taken in that case. 25. Now, the question is, whether the entire trial has been vitiated because of the non-compliance of section 6 i......it of the case as a whole and acquitted the accused persons including the child. In consideration of the merit of the case it was further held that the retrial of the child would not be proper in the facts and circumstances of the case. 26. Turning back to the question of legality of the trial of..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....s wrongly inserted instead of 1675; that though plot No. 1638 was wrongly inserted in the deed but the wrongly inserted plot is very much present in the schedule of the plaint; that the wrong plot is identical with the suit land and that the defendant No. 1 is the owner and possessor of the entire p......at Raja Singh and Kunjaya Singh had equal share of the land of Babu Singh. He lastly submits that the plaintiff may go for separate saham of 1/3 rd share out of 342 decimals of land. 18. The moot question that calls for our determination in this revisional application is, whether the learned Dis......der hotchpotch? 4. Is the plaintiff entitled to get a preliminary decree for partition? 5. What relief, if any is the plaintiff entitled? 13. The learned Joint District Judge considering the facts and circumstances of the case and evidence on record decreed the suit by his judgment and decr..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.......fia Begum and others reported in 42 DLR (AD) 285 wherein it was held—it is obligatory upon the process server to mention in his report the name and address of the person if any by whom the house in question was identified and in whose presence the copy of summons was affixed. The learned Advocate ......a pucca building named 'Lalkuti' standing thereon. It was asserted that the plaintiff of Title Suit No. 105 of 1983 filed suit showing wrong address of the defendants by fraudulent suppression of the facts and obtained a decree dated 1 7-11-1984. It was specifically stated that the defendant appella..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.......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.......24 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 residential..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.......minate any of its employee's services and denies that the said order was passed to circumvent the interim order of stay passed by this Court. The learned Advocate further submits that a worker cannot question the legality of an order of termination without complying with the requirements of filing a......edy, may invoke the extraordinary writ jurisdiction of the High Court Division if in the circumstances it can be shown that the alternative/remedy is not likely to be efficacious and effective in the facts and circumstances of the case. In the case of Nawabzada Md. Amir Khan Vs. Controller of Estate..
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.......ich was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of Criminal Procedure and at the time of adducing evidence for ascertaining physical possession in the land in question the petitioner filed a Kabala Deed No. 7627 which was alleged to have been forged and fabri......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...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.......at the documents admitted in evidence do form part of the record of the suit which cannot be struck off lightly; that cause of delay was exceptional in nature; that the particulars of the exhibits in question were given in the written statement and, as such, the revisional application is liable to b......rned Joint District Judge, First Court, Dhaka in Title Suit No. 153 of 1992 rejecting an application for noncompliance of provisions of Order VIII, rule 1(5) of the Code of Civil Procedure. 2. The facts relevant for disposal of the Rule may, briefly, be stated as follows; The predecessors of the ..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.......fendant No. 5 is entitled to file the appeal against the decree passed against the defendant No. 5 by reason of section 146 of the Code of Civil Procedure. That the rejection of the memo of appeal in question was made not in accordance with law and thereby caused miscarriage of justice to the petiti...... application was rejected on 7-4-1985. The petitioner then again tiled another application under Order XXII, rule 10 read with section 151 of the Code of Civil Procedure on 13-4- 1985 stating all the facts in detail but it was rejected on 15-4-1985 and the learned Subordinate Judge decreed the suit ..Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ......arties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144. But shall not include (a) any adjudication from which an appeal lie......sted which has conclusively determined the right of the plaintiff to sue. The provision of subsection (2) of section 2 of the Code also includes a decree on rejecting of a plaint. It appears from the facts that the impugned decree rejecting the plaint has been passed under clause (a) of rule 11. Thi..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. ......f the said. Nari-o-Shishu Nirjatan Daman Ain, 2000 as amended and started Nari-o- Shishu Nirjatan Daman Case No. 263 of 2005 against accused Amin Uddin. 11. Learned Advocate now raises a pertinent question that said report dated 7-9-04 by officer-in-charge, DB Brahmanbaria about the matter can ne...... 16. As per above amended sub-section (1 ka) the Nari-o-Shishu Nirjatan Daman Tribunal can directly receive complaint from any aggrieved party if the complaint is accompanied by an affidavit stating facts that he or she failed to file or lodge complaint to police officer or authorized officer in la..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....o. 605 of 1988 was filed. The petitioner claims that the Registrar of Trade Marks, in violation of the statutory prohibition under section 10(1) and 8(a) of the Act allowed the registration of almost identical trademarks in applications No. 34638, 35138, 36566, 45164, 45284, 45285 and 56085 in class......rikes the eye and fixes itself in the recollection? Such a feature is referred to sometimes as the distinguishing feature, sometimes as the essential feature of the mark. In cases of this nature, the question of resemblance and the likelihood of deception are to be considered by reference not only t...... reputation by producing a commodity and registering a trade mark for it, which is so similar to that of the earlier registered trade mark that the consumer is deceived and/or confused. 12. In the facts of the instant case, the first question that arises is with regard to the similarity of the tw..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. ......s, Mainuddin Mollah son of late Monsur Mollah and Sonaruddin son of Ainuddin are accused Nos. 1, 3, 7 and 5 in the petition of the complaint filed b Motleb Mondal of SC 28/2001. He accordingly raises question, whether the law and procedure will permit to bring the accused of complaint case being wit......matter was carried to it, ordered that there should be two separate trials in respect of the two cases. The matter was moved before the Supreme Court which after thorough hearing and consideration of facts, circumstances held ultimately, that a fair procedure to be adopted in the disposal of the two..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....from the date of receipt of this order in accorÂdance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......from the date of receipt of this order in accorÂdance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......s server. Besides, the postal receipt for sending the summons by post does not appear to have been filed, denying the presumption of service by post. 16. The irresistible conclusion from the above facts is that the decree, so far the deÂfendant No.2 is concerned, was passed withÂout any service..Category: Civil Law | Date: | Hits: 102
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......he suit was originally filed as Money Suit No. 33 of 2007 in the Court of Joint District judge, Third Court, Dhaka for realization of Tk. 5,53,26,76,000/- as compensation by way of damages. The whole question centered around about the legality of the order dated 02.08.2010 passed by the Joint Distri......nd perused the materials on record. It is alleged on behalf of the petitioners that the P.W.1 was examined on commission without serving any notice upon the learned Advocate of the defendants. In the facts and circumstances of the case, the order of the learned Joint District Judge allowing re-call ..Category: Civil Law | Date: | Hits: 82
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. ......ufficient cause from appearing when the suit was called out for hearing, the court will set aside the decree passed against him and appoint a day for proceeding with the suit. 23. In this case the question of service of summons does not arise as the defendant appeared himself and contested the su......ohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for declaration of title, separate possession and partition in the First Court of Subordinate Judge, Sadar, Chittagong. 3. The short facts relevant for the purpose Of this case are that the suit land belonged to Md. Ibrahim and RS kh..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. ......pears that the petitioner contested the suit but he adopted dilatory tactics to harass the opposite party. It shows that he purposely avoided giving notice to the Chairman of Tangail Municipality, so question of reconciling was not held. All these unfair activities of the petitioner made her life mi......opy of Kabinnama and an attested copy of talaq nama which have been marked Exhibit 1 and 1 (ka) respectively. 8. The learned Assistant Judge and Family Judge, Sadar Tangail on consideration of the facts and circumstances of the case and evidence on record decreed the suit ex parte on 17-10-2002 a..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.......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.......rdination. 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 and circumstances of the case, with all fairness the government should have been advised not t..Category: Civil Law | Date: | Hits: 1272
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