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Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......ter and rectified the register with the finding that the registered proprietor having registration No. C-6724 in Class-25 has not been able to prove the user of the mark by any cogent evidence and in view of the provisions of Article 6 of Paris Convention for the Protection of Industrial Property, t..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......itnesses, that it discloses the name of the accused petitioners as participant of the crime at that time of commission of offence. From 161 statements of the witness and other materials we are of the view that this case cannot be said to be a case without any material so as to quash. It is also subm..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......y the learned Counsel for the petitioners prevails and appears to have a good deal of force. 17. Having considered the facts and circumstances of the case and foregoing narrative, I am of the view, that the impugned order suffers from legal infirmity, which calls for interference by this Cou..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
.... his possessory right on the basis of gift or licence in a portion of the bequeathed property, if there be any. The learned District Judge totally ignored the inconsistent claim of the respondent and erroneously held that he has possessory right in a portion of the bequeathed property. As the respon...... the successor of Harinath Majumder. He claims that Harinath orally gifted 0.20 acres of land to his father and subsequently, he granted licence of 1.64 acres of lands to his uncle and father. In view of this admitted position, the question is, whether he can maintain an application for revocati..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......fence case of this petitioner in the Labour Court was that the charge of misconduct having been proved against the respondent No. 2 he was punishable with dismissal, but the authority, taking lenient view of the matter, punished him less severely as per provision of law. 4. The Labour Court, ..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......arned Joint District Judge and the learned Additional District Judge committed no error in rejecting the petition of the petitioner bank filed under sections 10/151 of the Code of Civil Procedure. In view of that we find no merit in the Rule. Accordingly, the Rule is discharged without any order ..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......ough the history of development of the concept of vested rights and the principles of estoppel in the matter of levy and collection of customs duty and other charges. 10. He submitted that in view of sections 19,30 and 30A, subsequent Notification being SRO No. 233 dated 20-10-98 which reduc..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......ublished by the National University in 'The Daily Inqilab' on 17-8-2004, the petitioner applied for the post of Lecturer in Arabic after observing all necessary formalities. Having received an interview card, the petitioner appeared before the 4-member Selection Board. The petitioner was confide..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......e; d. even if he was the nominee; letter dated 27-1-91, exhibit No.1, showed that a succession certificate would be necessary for withdrawal of the money left by deceased Shahabuddin. Upon such view, learned Subordinate Judge found the minor son as the only legal heir and successor of deceased..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......is competent to set aside the ex parte decree and accept the written statement filed on 17-3-93. Earlier, after hearing the learned Advocates of both the sides, we by our order dated 10-7-2000, in view of conflicting decisions on the present issue, referred the matter to the learned Chief Justice..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......of Siddique, they had arms in their hands which sufficiently proved the ingredients of section 399 that they were preparing to commit dacoity at that time when they were apprehended by the police. In view of the above, the learned Assistant Sessions Judge was justified in convicting appellants Khoka..Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...Category: Criminal Law | Date: | Hits: 29
Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
....ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ...... injunction. 4. Plaintiff challenged the order by presenting aforesaid appeal. On consideration of the pleadings of the parties and the materials produced, the Court of appeal below was of the view that said petitioner had got no scope of achieving any relief in the suit. 7. It found that ..Category: Civil Law | Date: | Hits: 93
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......ter concern of Modem Jute Mills Limited and that without repaying its debts Modem Jute Mills Limited is now trying to take further loan in the name of the sister company. It is further stated that in view of the aforesaid unpaid loan by the petitioner and the judgment and decree against him, his nam..Category: Banking Law | Date: | Hits: 124
Category: Property Law | Date: | Hits: 73
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ...... not find any material that the petitioner was transferred by the respondents with mala fide intention rather it appears to us that the petitioner was transferred for the cause of public interest. In view of such facts this plea has also no leg to stand. Therefore, we are unable to accept the submis..Category: Employment/Service Law | Date: | Hits: 89
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....in-chief but also with reference to the suit as a whole and consequently the learned Assistant Judge, erred in law in denying the petitioner his right of cross-examining plaintiff Md. Asgar Ali on an erroneous view of law and the same has occasioned failure of justice. 6. No one appears to oppose......ut also with reference to the suit as a whole and consequently the learned Assistant Judge, erred in law in denying the petitioner his right of cross-examining plaintiff Md. Asgar Ali on an erroneous view of law and the same has occasioned failure of justice. 6. No one appears to oppose the Rule...Category: Procedural Law | Date: | Hits: 76
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......ontending, inter alia, that the majority shareholders of the company led by Tahmid Ahmed illegally removed him and his late father Jaffar Ali Hossain by the aforesaid resolution dated 8-5-1983 with a view to exclude them from the management of the affairs of the Company. He and his father filed the ..Category: Company Law | Date: | Hits: 222
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......e plaint on an application like rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure which has no manner of application in Bankruptcy proceedings. He further submitted that in view of the provisions of section 33 of the said Act all pending suits or other proceedings includin..Category: Civil Law | Date: | Hits: 78
Category: Labour and Industrial Law | Date: | Hits: 109