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Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)

....ll respects. In the case of Ciba Ltd. Basle Switzerland Vs. M. Ramalingam and S. Subramaniam Trading in the name of South Indian Manufacturing Co., Madura and another (AIR 1958 Bombay 56), a Division Bench of Bombay High Court held that a person whose product is likely to be sold as the product of a......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..

Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18

Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)

....nbsp;               Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated August 14, 2001 of a Division Bench of the High Court Division in Criminal Rule No. 88(R) of 2001 (arising from Government Appeal ......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ..

Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ral justice. In support of their arguments the learned Advocates rely on the decision in the case of Ruhul Mannan Helali Vs. Government of Bangladesh and others reported in 8 BLC 348 where a Division Bench of this Court held that the Rules ought to be struck down. 5. As against this, the learne...... This Case is also Reported in: 57 DLR (2005) 248.                         ..

Category: Family Law | Date: 9 Dec, 2003 | Hits: 4

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....minal Appeal No. 862 of 2000).  Judgment MM Ruhul Amin J.- This petition for leave to appeal is directed against the judgment and order dated 28‑1‑2003 passed by a Division Bench of the High Court Division in Death Reference No. 13 of 2000 accepting the same and thereby af......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....nior Advocate, instructed by ASM Khalequzzaman, Advocate‑on‑ Record‑For Respondent No. 1. Civil Appeal No. 137 of 2001 (From the judgment and order dated 12‑4‑2000 passed by a Single Bench of the High Court Division in Civil Order No. 1960 of 2000). Judgment Syed JR Mudassi......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

....ondent No. 1 is that while in possession of the case property and having an order of injunction for not disturbing his peaceful possession passed in Civil Revision No. 476 of 2001 by a Single Bench of the High Court Division, the respondent No. 1 was evicted by the writ ­respondent Nos....... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....nbsp;       Md. Fazlul Karim J.- The second‑party respondent obtained leave to appeal against the judgment and order dated 26‑8‑1998 passed by a Division Bench of the High Court Division in Writ Petition No. 670 of 1994 making the Rule absolute and send......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....ence placed before it. 10. The learned Counsels appearing for the appellants in Appeal Nos. 152 and 155 have submitted that the proceeding initiated upon a writ petition before the constitution Bench of the High Court Division is undoubtedly being civil proceeding and there being nothing in Ar...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)

....p;            Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment and order dated June 26, 2002 of a Single Bench of the High Court Division in Civil Revision No. 4624 of 2000 discharging the Rule obtained ag......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ..

Category: Property Law | Date: 2 Nov, 2003 | Hits: 96

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....tage of proceeding as contemplated in sub‑section (5). Here unfortunately, the learned Sessions Judge intervened rather prematurely. But could it be termed as illegal exercise of power? The Barisal Bench came to the conclusion in a cryptic manner, no doubt, that the first party failed to establish......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....nbsp;         Md. Ruhul Amin J.- This appeal by the defendant No. 1, by leave, is against the judgment and decree dated August 13, 1996 passed by a Division Bench of the High Court Division in First Appeal No. 208 of 1995 allowing the appeal and thereupon ......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Jashimuddin Vs. State, 2004, 33 CLC (AD)

.... J.- This Criminal petition for leave to appeal at the instance of the accused­-petitioner is directed against the impugned judgment and order dated 9‑2‑2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 2364 of 2002 discharging the Rul......cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79

DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)

....nbsp;            Md. Fazlul Karim J.- This appeal by leave is against the judgment and order dated 22‑4‑2001 passed by a Division Bench of the High Court Division discharging the Rule in Civil Revision No. 1595 of 2000 filed by t......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..

Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....bsp;     Md. Ruhul Amin J: This appeal by the defendant No. 6, Capital Tower (Pvt.) Ltd., by leave, is against the judgment and decree of 1st February, 1999 passed by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 decreeing ­the same in part. (T......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

.... merit of the rule but also goes to the root of the jurisdiction of this Court. From a plain reading of the impugned order it ap­pears that at the time of moving the writ peti­tion a Division Bench of this Court disposed of the writ petition by giving certain relief to the petitioner summari......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....;       Md. Ruhul Amin J: Delay of 2 days is condoned. This petition for leave to appeal has been filed against the judgment and order dated August 7, 2001 of a Division Bench of the High Court Division in Criminal Appeal No. 1151 of 1994. The criminal appeal was filed ......terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

.... in First Appeal No. 1 of 1988). Judgment Md. Ruhul Amin J.- This appeal, by leave, has been filed by the defendant No. 1 against the judgment and decree dated January 16, 1997 of a Division Bench of the High Court Division in First Appeal No. 1 of 1998 allowing the appeal and sending the s......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202

State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)

....f the leave granted by this Court on 9‑2‑2003 in Crimin al Petition No. 19 of 2003 preferred by the appellant against the judgment and order dated 5‑1-­2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 9916 of 2002 making the Rule abs......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..

Category: Criminal Law | Date: 12 May, 2003 | Hits: 74

Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)

.... in Writ Petition Nos. 2578 of 1998 and 2498 of 1998). Judgment Md. Ruhul Amin J.- These two leave petitions have been filed against the common judgment dated March 5, 2000 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2578 of 1998 and 2498 of 1998 making the Rule......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ..

Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164

Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)

....;                Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated July 11, 1996 of a Single Bench of the High Court Division in Criminal Revision No. 801 of 1991 (Dhaka)/ /Criminal Revision N......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond.  Ed. ..

Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78