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Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
.... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......rt the submission of the learned Deputy Attorney-General that Mohammad who has been mentioned by the two confessing accused persons is the present accused-appellant Mohammad Ali and no other else. In view of our detailed discussions as mentioned above we are unable to agree with the submission of th..Category: Criminal Law | Date: | Hits: 89
.... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......3 in clause-3 from the Register.
2. The facts, in short, are that the petitioner is engaged in the business of manufacturing and marketing of washing soap for a considerable length of time. With a view to distinguishing its products, the petitioner adopted a trade mark consisting of the word “P..
Category: Intellectual Property Law | Date: | Hits: 167
....he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......in absence of the accused persons engaging Section 339 of the Code of Criminal Procedure, framed charges on 15th March 1986 against all the accused under Sections 302/34 of the Penal Code.
14. In view of the absence of the accused persons, a state appointed counsel was commissioned to defend the..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......tion of the plaint was taken up by the Court suo moto. By the impugned order the learned Subordinate Judge rejected the application for temporary injunction, and also rejected the plaint being of the view that the suit is barred by limitation, and that the suit premises belongs to the Government and..Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......be changed in a financial year. So Dr. Zahir, the learned Counsel for the petitioners, also bypassed the said proviso in making his argument in these cases. But he refers to the same by the by with a view to make his argument clear and, according, to him the intention of the law makers is very clear..Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285.......ary jurisdiction to hear the preemption application. The application was seriously opposed by the pre-emptors. 4. The application was heard on 4-5-2000 and rejected by the trial Court being of the view that in the frame of the proceeding, there was no scope for the Court to hear and decide on the..Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......r. AK Faezul Huq is pending. Mr. Hossain has also submitted that jurisdiction of this Court has been ousted under Articles 49 and 51 of the Representation of the People Order, 1972. In support of his views he referred to the case of Mahabubur Rahman Vs. Election Tribunal reported in 6 MLR (AD) 197. ..Category: Election Law | Date: | Hits: 88
....and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
...... the plea of illegal enrichment of the assessee but even then the petitioner cannot get any refund because of her failure to claim the refund within 4 (four) years from the date of payment.
15. In view of the discussion made above and for the foregoing reasons we are of the opinion that the petit..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227....... has not therefore been executed according to the provision of section 85 of the Evidence Act and accordingly, the petitioner is not permitted to claim that the power is not required to be proved. In view of the aforesaid facts I do not find any illegality or infirmity in the impugned order of the l..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223....... records were produced before the learned trial Court by a special messenger and since then the said records are lying with the case records of the present pre-emption case. The parties thus had full view and complete knowledge of the case records of Mutation Case No.68 of 1990-91 and they led evide..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......for preemption to original file and number on the term, however, of payment of Taka 500 only to the preemptors within 50 days. 7. Mr. Ruhul Amin learned Advocate for the preemptors submits that in view of the provisions of Order VI rule 14 of the Code, the very application under Order IX rule 13 ..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......rade marks so similar that under the ordinary circumstances they are bound to create confusion in the mind of the public. Therefore, registration of the trade marks of the two opposite parties, in my view, suffers from illegality. 20. Moreover, the registration of the petitioner’s Trade Mark sh..Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....uying up share is the time of filing of the suit as envisaged under section 4 of the Partition Act and, as such, the learned Subordinate Judge was manifestly wrong in passing the impugned order on an erroneous view of law and the same has occasioned failure of justice. 11. Mr. HN Nondy, the learn......ieved by the aforesaid impugned order the petitioners moved this Court and obtained the present Rule. 10. Mr. SR Paul, the learned Advocate appearing for the plaintiff-petitioners, submits that in view of the fact that the plaintiff-petitioners opted for buying up the 1/3rd share of the undivided..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......70,802.00 and accordingly, the liabilities of the Group ‘B’ share-holders, who held 35% share holding in both the companies, stood at Taka 18,44,780.00 and after adjustment of Taka 1,05,000.00 in view of the cessation and confiscation of 525 shares of B Group Shareholders in each of the Companie..Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......held under the Constitution. The petitioner has neither alleged coram non judice nor malice in law in the writ petition. Apparently, the Returning Officer, acting within his jurisdiction took the view that because of the pendency of appeals against several orders of conviction and sentence res..Category: Election Law | Date: | Hits: 127
.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266.......blic, workers and leaders of a Labour Organisation.
(f) The detaining authority taking into account overall law and order situation felt satisfied that the detenu is required to be detained with a view to prevent him from doing prejudicial act obstructing law and order.
10. Section 3 of the Sp..
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......mation or has a reasonable suspicion that a man might have committed an act in any place out of Bangladesh which if committed in Bangladesh would have been punishable as an offence. So, we are of the view that arrest of the detenu under section 54 of the Code of Criminal Procedure was not illegal in..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......int of time that information carried to the police “by somebody” is the First Information Report within the meaning of section 154 of the Cr.P.C. and all subsequent information fall within the purview of section 161 of the Cr.P.C. 38. He referred the relevant paragraph No. 45 of the decision...Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......the Respondents. Original Order No.10 of 1992. Judgment Gour Gopal Saha J. - This appeal is directed against the judgment and order dated 28-11-91 passed by the District Judge, Barguna in Review Case No.3 of 1991 under Order 47 rule 1 of the Code of Civil Procedure, arising out of the judg..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......tion is not maintainable since petitioner has not availed of the forum provided in section 6 of the Land Appeal Board Act, 1989 (Act No. XXIV of 1989) that the petitioner could have applied for the Review of the order of the Member of the Land Appeal Board by way of preferring Review before the full..Category: Property Law | Date: | Hits: 33
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