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M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....the same for biscuits. The plaintiff has also given wide publicity of their said Trade Mark by various publicity media. The said biscuit has become very popular in the market. Out of greed and. sheer business jealousy the defendant M/s. A.B. Biscuit Co. Ltd. has very recently started a biscuit manu&......spondent Judgment October 3, 1983. Result: The appeal is dismissed. Case Referred to- Mc Cain International Ltd. Vs. Country Fair Foods Ltd. and another, 1981 R.P.C. (Reports of Patent. Design and Trade Mark Cases) 69 (CA) Lawyers Involved: Abdur Rashid Khan w......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....shops, stalls and establishments in the premises of New Market Kacha Bazar Area, Police Station Dhanmondi, District Dhaka since 1953. The members of the plaintiff- Association have been running their business as allotted under the defendant No. 2, the Government of the People's Republic of Bangl...... High Court Division (Appellate Original Jurisdiction) Present: Mustafa Kamal J Alhaj Md. Ruhul Amin......................................Appellant Vs. Dhaka Municipal Corporation & others................Respondent Judgment September 29, 1983. Resul......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......tered or mainly financed by the Government" qualify the words any Corporation or other body or authority in Martial law Order No. 40 of 1982. 17. It may be noticed that while describing the bodies or authorities in respect of which Martial Law Order No. 40 of 1982 is applicable, the words ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ......id......................Respondent Judgment September 6, 1983. Result: The appeal is allowed in part. Lawyers Involved: Abdur Rashid Khan with Md. Shahidul Huq —For the Appellant Mahmudul Islam with K. Z. Huq—For the Respondent. Appeal from Crimi...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ......issimilar from the body of Ext.5. Similarly in Ext.6 the ball portion of the plaintiff is of flat type whereas the ball portion of the defendant in Ext. C is of round type. Of course, the rest of the bodies in Ext.6 and Ext. C are similar and even identical but the basic difference in the two balls ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....Chowdhury transferred the suit premises along with other properties to Matinuddin Ahmed by way of exchange, that his father continued to be a monthly tenant under said Matinuddin Ahmed and carried on business of Sweetmeat shop in the suit premises, that during the pendency of the suit his father sur...... May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhury, Advocate— For the Petitioner. Azizur Rahman Chowdhury with MA Mannan, Advocate— For the Opposite Par...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....lip;………. (iii) offices of or under any local authority a trust, a corporation or any other public statutory body, which is not run for profit or gain or in the course of its business does not make any profit or gain". 8. Mr. Asrarul Hossain submits that the office......February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment" have been defined in section 2(d) in The Shops and Establi......ic statutory bodies, as they existed before the liberation of Bangladesh with some variations to suit the changing needs. These public statutory bodies including the nationalised banks came to have a corporate personality and a juristic entity of their own and they can sue and be sued in the ordinar......a reading of P.O. No.26 of 1972, as amended upto date it appears that the mechanism of running the nationalised banks in Bangladesh is no different from that of running several other public statutory bodies before the liberation of Bangladesh. The nationalised banks, in their structure and organisat..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
.... was, among other things, directed to withdraw money from the authorised Bank Account by cheques jointly signed by him and petitioner No. 1 prepared on certificated bills and to get accounts of their business audited by a Chartered Accountant's firm to be appointed by them by consensus, but resp......rs Vs. Roy Saha Publication, AIR 1964 Punjab 428; PC. Sen. A.I.R. 1970 (SC); Parashura Debaran Vs. King, Sup. 45 C.W.N. 733; Adam Ali Vs Emp, AIR 1945 P.C. 147; Homi Rastomji Pardiwala Vs. Sub-Inspector Boig, 1944 ILR Lah., 196.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior Advocate Rafiqul...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....has been referred to in deciding that the transferee court has under Order 39, Rule 2(3) of the C.P.C. has jurisdiction to punish in case of violation. Section 150 deals with the transfer of the business of the court and it has been held that in civil cases the transferee court has powers co&sh...... 3 BLD (HCD) (1983) 49. ......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....f responsible for the safe delivery of the goods specified therein. It is true that in the instant case there was no instrument in the form of a Bill of Lading as contemplated in the normal course of business transaction. Here the plaint and the affidavits filed by the plaintiffs show that plaintiff...... Judgment June 9, 1982. Result: The appeal is allowed. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0' Connor Vs. P.G. Sampath Kumar, A.I.R. 1953 Md 897; Jagannath Prasad Vs. Smt. Chandrawati, AIR 1970 All, ......ty Jurisdiction of this Court." The learned Attorney General submitted that as per requirement of the statute the High Court framed the Admiralty Rules vide Appendix No. V (Admiralty Rules) as incorporated in the Rules of the High Court of Judicature at Fort William in Bengal 1940; and that rul......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......ents M/s. M.M. Ispahani Limited, Ispahani Building and two others………....Respondent
Judgment
April 12, 1982
Result:
Issues Nos. 6 and 7 are decided in favor of the plaintiff.
Admiralty jurisdiction of the Supreme Court
Under the Act of 1891(Col......izullah- For the defendant Nos. 1 and 2.
A.R. Yusuf, Manzurur Rahim-For the defendant No. 3
Admiralty Suit No. 14 of 1980
Judgment
M.H. Rahman J. - The plaintiff, a company incorporated under the Companies Act, 1913, and now a nationalized concern under the Bangladesh Chemic......ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
.... the aforesaid suit for a declaration of his 1/2nd share in the disputed goods mentioned in the schedule of the plaint. Plaintiff's case in short is that defendant No.1, who has been running business under the name and style "Borak & Co." invited the plaintiff and defendant No......est remedies allowable under the Civil Procedure Code and Court has to discharge this exceedingly delicate and responsible duty with utmost caution. Though service of notice on the other side before appointing a Receiver is not a legal requirement it would be expedient to issue such notice on t......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....el for the petitioner and the learned Deputy Attorney General who appeared for all the respondents. 3. Facts leading to this rule, in brief, are that the petitioner, a citizen of Bangladesh is a businessman by profession and has been residing in London for the last 24 years in connection with h......ion (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment January 2......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....y of Civil Aviation and Tourism it was stated that the impugned order was approved by the Minister in charge and subsequently approved by the Hon'ble Vice-President as required under the rules of business and thereafter the impugned order of suspension was served upon the petitioner. In the affi......sion (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: Th......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....n times in various places most illegally and arbitrarily, without examining critically the nature of the evidence that this witness adduced. 17. P.W.9 Abdul Ghani deposes that he carries on business of fish at village Chorhash. During the war of liberation, in the middle of Bhadra, the Raz......d. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— For the State. Criminal Appeal N....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dacca...........Respondents
Judgment
July 23, 1981.
Result:
The Rule is made absolute.
Passport Act (XXXIV of 1920), ss.3, 4, 5--Bangladesh Passport Order (P.O. 9 of 1973), Arts. 7 A 11--Passp......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....t a chequered history. Case of respondent No. 1 Rahim uddin Ahmed, is that his elder brother Alauddin Ahmed and his late father Shamsuddin Ahmed had a partnership firm for carrying on water transport business. After the death of his father in October, 1960, Rahimuddin Ahmed and other heirs of his fa......rivate limited company can, if circumstances so permit, be would up on the principles of dissolution of a partnership firm……………….(30) Exclusion of director or deadlock in the management are grounds for dissolution of a company on equitable principles. ......into an agreement for forming a private limited company to take over the business of the partnership firm and in pursuance of that agreement a company, namely, Pak Water Ways Limited was formed and incorporated under the companies Act on 30th January, 1961. Alauddin Ahmed the elder brother and appel......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....one set of boundaries: Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling house, manufactory, warehouse or place of trade or business, such holding shall be deemed to be one holding for the purposes of this Act. Explanat......ppellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Ban......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., District Sylhet and 18 others under section 395 and 397 of the Penal Code, alleging, inter alia, that he along with his uncle Hafizur Rahman and cousin Mujibur Rahman have been jointly carrying the business of Jal Mahal. Tongir Haor under Derai police station was taken on Bhag settlement from Bhat......e……………..........opposite parties Judgment March 4, 1981 Result: Rules are made absolute. Case Referred to- Afzalur Rahman Vs.King Emperor, AIR 1943 FC 18; Nagraj Vs.State of Mysore, AIR 1964 SC 269. Lawyers Involved: Abdul Mo......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
.... 10, 1981 Result: Appeal is dismissed Trade Organization Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the relevant clause of its memoran......p; Judgment February 10, 1981 Result: Appeal is dismissed Trade Organization Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, measurement etc. by directing it to delete the ......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....be applied retrospectively, once the assessment had already been done. 3. The respondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market assets of the Burmah Shell Oil Storage and Distributing Company of Pakistan Limi......hellip;….Respondent Judgment January 22, 1981 Result: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is payable. It ......ions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been done. 3. The respondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business ......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
.... in Section 2(j) of Employment of Labour (Standing Order) Act. The definitions are in the following terms: "2(d)" commercial establishment means an establishment in which the business of advertising, commission or forwarding is conducted, or which is a commercial agency, and......llowed. Terms and conditions of the employees of Dacca Improvement Trust are regulated by Town Improvement Act and rules framed thereunder— Dacca Improvement Trust is not a commercial or indurstrial establishment and its employees are not workers within the meanting of Employment of ......er hand the scheme of Town improvement Act shows that for the purpose of carrying out the provisions of that Act, a Board is to be formed called Dacca Improvement Trust and such Board shall be a body corporate and have perpetual succession and a common seal and shall by the same name sue and be sued......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
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