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

....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. ...... two small sized bust pictures of his said son Aziz. The label contains a serial number 196 in four monograms with pictures of scales and the petitioner in order to protect and safeguard his business interest over his manufactured "Aziz Biri" products got his trade mark registration of the..

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

A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)

....respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......laintiff No. 3 a loss of business amounting to Taka 20 crore per year. In order to protect the brand name of the plaintiff No.1, the business of the plaintiffs‑appellants­ petitioners and national interest, the plaintiff No. 3 caused legal notice to be published in a number of daily newspapers, b..

Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......th evaluation, the unsuccessful two bidders having failed to find any fault in the evaluation process, introduced the story of non‑consideration of the Advocate's letter to pursue their narrow self-interest. That the Writ‑petitioners managed to procure the minutes of the meeting of the Tender Ev..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

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

.... This Case is also Reported in: 57 DLR (2005) 248.                         ......ding efficient service for registration of marriages and divorces to the growing population of the country on the other hand Rule 10, in its amended form, therefore, has been formulated in the public interest. There is no conflict between it and the second proviso to section 4 of the Act because the..

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

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

....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. ......nt debtor provision of Order XXI rule 29 of the Code of Civil Procedure has no manner of application.  4. The learned Counsel for the petitioners submits that the plaintiffs have acquired interest in the land described in "ga" schedule attached to the plaint of Title Suit No. 9..

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

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

....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. ......iate in view of the circumstances and the legal precedent discussed by us above. It further deserves mention here that present 2nd party petitioner could not furnish any material showing that kind of interest he had in the disputed land. His father Shah Altaf Hossain being a party to the aforesaid T..

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)

....; 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. ......ant Vs. AKM Abdul Hye and ors.............Respondents  Judgment October 29, 2003. The Limitation Act, 1908 (IX of 1908) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to ..

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

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......hased by them in auction on 12‑2‑1963 in Certificate Case No. 1767 of 1960‑61 and duly received the deliver of possession and since purchase have been possessing' the same with right, title and interest thereto without any disturbance from any quarter and converted some of the land into salt b..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......issues had been framed: I. Suit as framed is maintainable? II. Is there any cause of action in filing the suit? III. Is the suit barred by limitation? IV. Has the plaintiff got any title, interest and possession on the suit property? V. Is the plaintiff entitled to a decree as prayed ..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

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

....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. ......the Court of Subordinate Judge and Commercial Court No. 2, Dhaka in Title Execution Case No. 21 of 1998 allowing amendment of the execution application by way of inserting Taka 38,25,141.53 towards interests and costs.  2. This appeal arose out of the suit for a decree of a bill of Ta..

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)

....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. ......l be prejudicial to the market and that would also deprive the people from holding meeting frequently and thereupon prayed for not to allot the land to anybody. So, it is seen that plaintiff has no interest of his own in the land in suit except that in case the land is allotted to anybody that w..

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

Amir Ali (Md.) Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another, 2003, 32 CLC (HCD)

....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law. Ed. This Case is also Reported in: 57 DLR (2005) 245.   ......isation of Taka 61,69,201 by sale of the mortgaged properties and on 31‑8‑1997 preliminary decree was passed ordering that in default of the payment of the aforesaid amount of Taka 61,69,201 with interest etc in terms of preliminary decree final decree was passed on 9‑7‑1998 and then to enfo..

Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21

Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others

....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......ll be subjected to torture or to cruel, inhuman or degrading punishment or treatment." 13. Article 36 provides that "subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and set..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......d 'abandoned property' necessarily implies a meaning that if the residence of the owner of a property staying outside Bangladesh is, in the opinion of the Government, for a purpose prejudicial to the interest of the State but in the absence of any formation of any opinion as to any prejudicial activ..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)

....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307.   ......etition should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, in short, is that the predecessor-in-interest of the petitioners and opposite party Nos.14‑28 as plaintiffs instituted Title Suit No.96..

Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4

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

....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. ......uthor­ity or prestige of this Court or of any Court rather shaken the public confidence in the in­stitution which has been brought into exis­tence to safe guard and protect the rights and interest of the people at large. In making this observation we are not oblivion of the fact that if ..

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

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs.  Ed. This Case is also Reported in:  ......uit filed an application before the High Court Division praying for adding them to be defendants in Title Suit No. 27 of 1976 and opposite parties in Civil Revision claiming that their predecessor-in-interest Hazera Khatun entered into an agreement for sale with said Jahanara Begum on 11.11.1995 and..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)

....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......he application of the co‑applicant on the ground of bar of limitation and/or being a co‑sharer. Though under the law a co‑applicant is entitled to get a share corresponding to his interest in the raiyati holding as compared to that of the other co‑sharer applicants in a ca..

Category: Property Law | Date: 5 May, 2003 | Hits: 141

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

....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. ......n clause being very clear and definite without ambiguity. He also submits that having regard to the fact that the recruitment policy of Biman was changed, the same being detrimental to its commercial interest and viability in a competitive market and, as such, a new recruitment policy having been ad..

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

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......mpugned order of the High Court Division for holding the Annual General Meeting of the petitioner Bank under the Chairmanship of a neutral person is unjustifiable and impracticable and against the interest of public and shareholders of the petitioner Bank inasmuch as the management executives, t..

Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201