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Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....urt the religious susceptibilities of any class of the citizens of Pakistan; or (c) be contrary to any law for the time being in force or to morality. Section 10. Prohibition of registration of identical or similar trade mark. (1) Save as provided in sub-section (2), no trade mark shall be ......to see in the trade marks and to which his attention would mostly be drawn. Where the resemblance is limited to non-essential or minor details the Court may not consider the facts. The most important question involved is the protection of public interest. 15. Similarly, the Registrar may, under s......nder section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 38902 in class-29 from the Register are taken together as the facts and law points involved are similar. 2. The facts of Trade Mark Application No. 3 of 2000, ..Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......ance with the principle of equity, justice and good conscience. Since in the instant case the plaintiff petitioners opted to purchase the share of the stranger purchaser in the undivided homestead in question immediately after the purchase of the same by the stranger defendant, we are of the view th...... Judge, Sadar Chittagong, in Partition Suit No.88 of 1981 rejecting the plaintiffs’ application for determination of the value of 1/3rd share of the suit property for buying up purposes. 2.Short facts leading to the case are that, the petitioners as plaintiffs instituted a suit for partition of..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.......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.......Nos. 1 and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money..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.......e issue under Article 102 of the Constitution and ought not to have expressed any opinion on the issue. It ought to have rejected the writ petition in limine on the ground of maintainability, as no question of coram non judice or malice in law was raised in the writ petition." 14. It further ap...... for leave to appeal is directed against the Judgment and order dated 15-12-2008 passed by the High Court Division in Writ Petition No. 9865 of 2008 summarily rejecting the writ petition. 2. The facts, in short, are that the petitioner as writ petitioner filed an application under Article 102(2..Category: Election Law | Date: | Hits: 127
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(viii) to prejudice the economic or financial interests of the State.”
13. There is a difference between “Law and order” and “Public order”. The concept of ”Law and order” is not identical with the concept of “public order”. “Public order” is an aggravated form of distur......fects order while “public order” has a narrower ambit and public order can be affected by only such contravention which affects the community or the public at large. When an order of detention is questioned, it is for the Court to apply well known tests to find out whether the impugned activitie...... 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...
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. ...... be detained under section 3(2) of the Special Powers Act, 1974. It appears to us that Mr. Islam only considered the first portion of that paragraph but not the paragraph as a whole. To consider this question the same paragraph is quoted below: “উপরোক্ত অনুচ্ছেদে......lafide. 10. Lastly, the most important argument of Mr. Islam is that after detaining the detenu section 3(2) of the Special Powers Act, a specific criminal case has been started over the self same facts and, as such, he has argued that there cannot be two parallel proceedings against the same per..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. ......the Bench and the Bar to find out the material substance of the cross-examination and on our meticulous reading the whole evidence we find that the cross examination is full of fishing and irrelevant questions which is highly discouraged. 11. PW1 Md. Kismot Ali, the informant of the case, stated ......f section 161 of the Cr.P.C. 38. He referred the relevant paragraph No. 45 of the decision. 39. We have carefully perused the relevant paragraph of the cited decision. It appears to us that the facts of the aforesaid reported case is distinguishable from the fact of the instant case. In the af..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.......ome important evidence has been discovered, which could not, in spite of due diligence, have been known to the party or being produced at the time of hearing or the Court has overlooked some material questions of fact or law which would have a good bearing on the decision of the case or there is oth.......31 of 1990 allowing the Review Case and setting aside the judgment delivered by it on 14-4-91 dismissing the appeal on contest and affirming the decree passed by the learned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of t..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.......ishery that has been formulated at the level of Ministry of Land and that circulated for the guidance of the officials at the District level dealing with the matter of leasing fishery, the fishery in question required to be leased out by inviting bid through open tender; that the fishery in question......d that at the 6th schedule only the petitioner and another dropped tender and that petitioner’s bid was at Taka 3,40,500.00 for the term 1405-1407 BS; that tender Committee in the background of the facts and circumstances as stated hereinbefore and that in the light of the instruction as in Minist..Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194....... suit. The petitioner further alleged in the application that, in the said written statements they stated the case of auction sale in Money Suit No.5 of 1932 and Money Execution Case No.14 of 1933 in question and produced the Bainama and Dakhalnama of the case in the said suit which were duly marked......er dated 21-9-1998 passed by Mr. Bazlur Rahman, Senior Assistant Judge, Barguna in Title Suit No.17 of 1998 rejecting an application under Order 7, rule 11 of the Code of Civil Procedure. 2. Brief facts of the case is that, the plaintiff opposite party No.1 filed Title Suit No.17 of 1998 in the s..Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......ed order the petitioner Court and obtained this Rule and stayed” 3. Mr. Mahbubey Alam, the learned Counsel appearing for the petitioner in support of the Rule has submitted that the amendment in question having the effect of changing/ introducing new fact thereby changing nature and character o......rmanship of Shaplapur Union Parishad. The respondent No.2 is a defaulter in Bank and defaulter in payment of Union Parishad Tax and rent. The respondent No.2 contested the Election by suppressing the facts of default and on objection his nomination paper was rejected but on appeal his nomination was..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......9 and 23-11-99 passed by the Subordinate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows: The resp......d by the Subordinate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows: The respondent No. 2, the Ci..Category: Civil Law | Date: | Hits: 76
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......heque was again deposited on 31-8-2000 but this time was also dishonored on 3-9-2000 for the same reason. 3. That the complainant-opposite party informed the accused-petitioner about the cheque in question which was returned as unpaid and for this the accused petitioner regretted and further requ......Act, 1881 now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not he quashed and or such other or further order or orders as to this Court may seem fit and proper. 2. The short facts leading to this Criminal Miscellaneous Case is that the opposite party No.1 as complainant fil..Category: Criminal Law | Date: | Hits: 62
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... punished so that this can set up an example for other public servants. 4. Mr. Abdul Baset Majumder, the learned Advocate appearing for the contemner, on the other hand, first raised a preliminary question as to the maintainability of this proceeding on the ground that from the cause title it app......ll not be committed for contempt of Court and punished accordingly for disregarding and flouting the order date 29-3-2001 passed by this Court in Trade Mark Application No. 1 of 2001. 2. The short facts which are relevant for proper disposal of the case may be stated as follows: The petitioner..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......la in Miscellaneous Appeal No.127 of 1992 reversing the judgment and order dated 9-6-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla in Rent Control Case No. 59 of 1991. 2. Short facts relevant for disposal of the Rule are that the petitioner-respondent instituted House Rent Con..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ...... against order dated 10-8-2000 passed by the Learned Subordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite party No. 1 as plaintiff filed Title Suit No..Category: Property Law | Date: | Hits: 28
Kashem Vs. State, 2001, 30 CLC (HCD)
....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......l seizure list witnesses. In the instant case, the defence even did not suggest that SI Raisuddin had any motive for falsely implicating the accused in the case. Realities, therefore, demand that the question of support of the prosecution case by the unassuming somersaulting local seizure list witne...... case. Realities, therefore, demand that the question of support of the prosecution case by the unassuming somersaulting local seizure list witnesses should not be allowed to be blown too far. In the facts of the case, we are satisfied that the learned Special Tribunal was fully justified in relying..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......esaid application under Order 21 rule 32(1) of the Code of Civil Procedure contending inter alia that they have been in continuous possession in the suit property since before and as such there is no question of disobedience of the decree. It was also contended that the plaintiff petitioner has alre...... Dhaka in Title Execution Case No.2 of 1987 rejecting the petitioners prayer for execution of the decree for permanent injunction under Order 21 rule 32(1) of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit in..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......asis of an order of Police Commissioner, Khulna Metropolitan Police. It is also true that the present petitioner was shown as an accused for the first time in this supplementary charge-sheet, So, the questions before us is whether further investigation held on the order of a superior Police officer ......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184...Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......suicide, rather she was murdered in a calculated way by torture through beating and the evidence of P.W.2 proved the same and there is no doubt about it she was killed by beating. 23. Now the moot question is, who is liable for murder. The fact and evidence of the case show that Joynab Banu was f...... finds himself in a difficult position to assail the judgment and order of conviction and sentence passed against appellant No. 1 Joynal Bhuiyan by the learned Sessions Judge in the face of attending facts, circumstance and evidence of the case. But he submits that, the appellant No.2 Sultan Bhuiyan..Category: Criminal Law | Date: | Hits: 28
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