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Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ABISCO" acquired great reputation in the market in relation to bread and biscuits of various kinds and the trade marks "NABISCO" attained distinctiveness in the market and became disÂtinctive of the goods covered under the registration, so that any reference as to the trade mark "NABISCO" would alw......earing for the petiÂtioner and Mr. Mahmudul Islam, learned Counsel appearing for the respondent No.1 and perused the petition and the impugned judgment and order of this Division and other papers on record. 13. The learned Counsel submits that this Court failed to consider that both the petiÂti......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ..Category: Intellectual Property Law | Date: | Hits: 273
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ...... 4. The learned Subordinate Judge framed five issues including one on the question of dispossession of the plaintiff from the suit land. After hearing and on consideraÂtion of the evidence on record, the learned Subordinate Judge found that the plaintiff is entitled to only one decimal of la......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ...... brother could not have transferred 308 shahasrangsha land by way of deed of gift dated 23.12.1990 in favour of plaintiff. Learned trial Judge thereafter held that on catechism of papers of mutation, record of right, plan prepared by Pourashava and copy of petition to Pourashava demonstrated that ea......pect of .07 ½ acres of land with a tin shed house and 1/11 share of tin shed house, 29 Bandh and 35 Bandh each and also in respect of 4(four) annas share of a 1200 square feet building pressing into service basic contentions that Dr. Md. Yasin having being owner of 8(eight) annas share in Plot No.9..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......ioner, and Mr. Abdur Razzak, the learned Advocate appearing for the respondent No.1 and perused the impugned judgment and order passed by the High Court Division and also other materials available on record. 13. The High Court Division having conÂsidered the submissions advanced on b......ion of refusing to allow the respondent No.1 to leave the country, the respondent No.1 filed Writ Petition No.5127 of 2009 before the High Court Division wherein on 02.08.2009 Rule was issued and the service of notice was dispensed with and the High Court Division by the judgment and order dated 12...Category: Others | Date: | Hits: 115
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......registered Kabuliyat dated 28.5.48 he settled the same in favour of father of the petitioner; that the father of the plaintiff orally gifted the said .21 acre of land of plot No. 243 and the same was recorded in the name of the petitioner; that the father of the petitioner transferred .17 acres of l......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..Category: Property Law | Date: | Hits: 20
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ..Category: Constitutional Law | Date: | Hits: 107
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......tioner has filed these petiÂtions for leave to appeal. 9. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that in the earlier writ petiÂtion direction was given to the BSCIC t......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
....t bank. In fact respondent bank was liable to follow the provisions as laid down under section 33(1) of the Artha Rin Adalat Ain, 2003 providing for fair and justified process of sale of hypothecated goods. But the respondent bank without following the provisions of law and even without following of...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......terest of the plaintiffs. While the said predÂecessor of the plaintiffs was owner in posÂsession of 4.95 acres of land and defendant No. 48 Nizamuddin was in possession of .20 decimals of land, the record-of-right being No. 1637 was prepared and published. Thus being owner in possession of 8 annas......5 of 1988 though he was then dead. Subsequently the plaintiffs were substituted in the place of defendant no. 18 but no summons of the said suit was served upon them. The present defendants managed a service return in collusion with the process server. It is further stated that the suit land origina..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......s allowed on 27th November, 2005. In the meantime, on 30th October, 2005 the decree-holder bank filed an application for staying all further proÂceedings of the said Execution case which was kept on record. The auction purchaser-respondent No.1 took physical possession of the property for the proce......n of the auction purchaser the Executing Court issued writ of delivery of possession. 4. On 22nd November, 2005 the writ of delivery of possession was returned to the Executing Court after due service and the auction purchaser-respondent filed an appliÂcation for getting back the necessary p..Category: Property Law | Date: | Hits: 28
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....Court of appeal below is not only being based upon gross misreading of eviÂdence on record also being based on misÂinterpretation of material evidences on record. I, therefore, find that there is a good deal of substance in the contentions raised by Mr. Abul Quasem and the view taken by the appell......defendants as petitioners filed the instant petition seeking leave to appeal. 7. Dr. M. Zahir, the learned Senior Advocate appears on behalf of the petiÂtioners while Mr. Abul Kashem, Advocate-on-record appears on behalf of the responÂdent Nos.1-3. 8. We have heard the lengthy submissions of......ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......eging, inter alia, that the suit land belonged to one Kurban Ali Matubbar and by successive devolution the suit land devolved upon the plaintiff, who posÂsessed the same but the same was wrongÂly recorded in the name of the defendants who threatened to dispossess the plaintiff and accordingly in......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......intainable. Stand taken by pre-emptee-petitioner is that Karimuddin Bepari, predecessor of the pre-emptee-petitioner and his three brothers purchased 3.76 acres of land from heirs of Cadastral Survey recorded tenant Yukub Ali by regÂistered deed of conveyance dated 17.04.1926 and Karimuddin got .94......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......nd was sold in aucÂtion for arrear of rents. The plaintiff aucÂtion purchased the same on 22nd October, 1962 in 3 (three) certificate cases and got delivery of possession on 4th December, 1962. The record of right was however not prepared in the name of the plaintiff and it was recorded in the nam...... plaintiff had acquired a valid title in the suit lands by way of auction purchase, and the defenÂdant could not challenge by way of defence the validity of the certificate sale on the ground of non-service of notice under section 7 of the Public Demands Recovery Act, that the findings of the Court..Category: Property Law | Date: | Hits: 20
....mentioned earlier, that in police custody many deaths took place during last several years. In the writ petition in Annexure‑D series and Annexure‑K of the supplementary affidavit, we find that a good number of people died in the police custody after their arrest under section 54. In 2002, numbe......ficer, before arresting the person named by the 'source', should try to verify the information by perusal of the diary kept in the police station about the criminals to ascertain whether there is any record of any past criminal activities against the person named by the 'source.'………………â€......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......erated on the body of the victim. The police, after investigation, submitted charge-sheet against the respondents and other accuseds under secÂtion 302/34 of the Penal Code. After receiving the case record the learned Mahanager Sessions Judge, Dhaka registered it as Mahanagar Sessions Case No. 3656......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ....... AJ Mohammad Ali, the learned Counsel appearÂing for the respondent Nos.1-4 in both cases and perused the petition and the impugned judgment and order to the High Court Division and other papers on record. 9. Mr. Mahmudul Islam, the learned Counsel submits that the appellants having prayed ......plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......ants-appellants. The plaintiffs are in ejmali possesÂsion of the suit lands with the defendants during the settlement operation. The plaintiffs entrusted Omed Ali and Karam Ali to get the suit lands recorded in their names jointly with the defendants but they, in utter violation of such direction g......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....sion considered the points agitated meticulousÂly and disposed of all the points on assigning propÂer reasons. The learned Judge thereupon concluded by observing the case is now at that stage where good number of witnesses have been examined, and cross-examined, as such we do not find any urged to......unishable under the said provisions of law and accordingly submitÂted a police report re-commending for prosecution of the appellant under the aforesaid provision on 20th April, 2008. 2. The case record was eventually sent to the Metropolitan Senior Special Judge, Dhaka for putÂting the appella......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ...... of the case and visited the place of occurrence prepared a sketch map with index, preÂpared inquest report of the dead body of the deceased, sent the dead body to the morgue, seized the alamots and recorded the statements of witnesses under Section 161 of the Code of Criminal Procedure. Thereafter......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..Category: Others | Date: | Hits: 63
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