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Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
.... executed the said User Agreement dated 1st July, 1991 as a representative of the 'User' i.e. appellant. With a view to seeking legal protection of the mark adopted by the respondent, for the first time in Bangladesh, they applied to the Trade Marks Registry under No. 33342 in Class 29 on 25......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....e notification dated 17-11-1999 and by the subsequent amendments of the said gazette notification vide notifications dated 14-10-2002 and 26-10-2002 providing for payment of all service benefits at a time, as contained in clause 2 of the order of release together with three months' notice pay which ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....erstated the value of any immovable property in connection with its sale or transfer with a view to evading tax, he or it may impose upon such person a penalty of a sum not exceeding two and a half times the amount of tax which would have been avoided had the income or the value of the immoveable......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
....ince deceased), mentioned the matter intimating the High Court Division about the death of above Mr. Jitendra Narayan Deb, Advocate, the sole lawyer of the petitioners and prayed for 2 (two) weeks time for filing fresh Vokalatnama. But the above prayer was refused and then on 20-08-2000 the Rule...... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
.... control over the suit land, in the middle of July, 1990 while the officials of the Forest Department came to pluck Mango, the plaintiffs protested to that and they then came to know for the first time that the forest Department acquired the control and management of the suit land by a notificat......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
..... We are, therefore, unable to give any credence to such belated story. 13. We are of the view that plea not made in the pleadings nor taken in any Court below cannot be taken for the first time before the Appellate Division. 14. We have perused the Judgment of the Courts bel......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ..Category: Property Law | Date: | Hits: 26
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
.... the respondent but erroneously acquitted him from the charge on the ground that the seizure list witnesses did not support the prosecution case inasmuch as they did not admit their presence at the time of alleged recovery of incriminating articles from the control and possession of the accused-......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..Category: Criminal Law | Date: | Hits: 24
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
.... Abdul Alim, Constituted Attorney of Monowara Islam. After her death, said Abdul Alim could not represent the case, as such, the learned Advocate for the petitioners could not argue the case at the time of hearing of the rule and the Advocate for respondent No. 4 argued ex parte and the rule was ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)
....1, 1997 holding the Respondent guilty. Thereupon second show cause notice was issued to the Respondent and to that he replied, that the authority by the order dated June 22, 1998 upon dawn grading time scale one step for two years demoted the Respondent. As against the order of punishment the Re......dent herein to censure. The Administrative Tribunal by its aforesaid order set aside the order dismissing the departmental appeal of the Respondent No.1 and thereupon restored the previous pay scale of the Respondent and that also passed order for the payment of pension, gratuity and other ..Category: Administrative Law | Date: | Hits: 120
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....ate on Srabon 1340 B.S. by executing kabulyat in favour of Manager of Majumder Estate by Jona Ullah and Mir Box and they are in possession in ejmali by paying rent regularly to the Zaminder. At the time of survey operation Jona Ullah was ill and minor, consequently, the survey officers wrongly......f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ..Category: Property Law | Date: | Hits: 21
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....g of facts to. withdraw award money in L.A. Case No.138 of 1967-68 and as such, the plaintiff-petitioner's cause of action arose for the instant suit on 26.03.1976 when they for the first time came to know about the withdrawal of P.S. Plot No. 1246 from the plaint schedule of Partition ......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
....he description of the land was incorrect which belonged to other person; that the plaintiff was in abroad and occasionally visited the mother land and purchased the land; that subsequently at the time of mutation of land in his name the wrong description was detected and he claimed correction bu...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
....he case land. But he admitted that he knows respondent No.1 since 20 to 25 years. He failed to say on which date respondent No.1 approached him to measure the case land and who was present at that time. He stated that he went to the house of the petitioner, Alauddin to inform him of transfer. At...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ..Category: Property Law | Date: | Hits: 20
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....jan and said Bachha Mia had 2 sons and 4 daughters by his wife Asaba, one daughter by his wife Chunni and another daughter by his wife Parijan, that Bachha Mia's all three wives died during his lifetime, that Munshi, son of Bachha Mia by his wife Asaba died leaving son Anwarul Azim and 2 daughter......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..Category: Property Law | Date: | Hits: 37
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
.... 4. After hearing the parties, the High Court Division by the impugned judgment and order made the Rule absolute directing the writ respondents to sanction and/or approve the plan on receiving 10 times fee of the amount prescribed. 5. Hence is this petition. 6. In support of the pe......We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ..Category: Property Law | Date: | Hits: 27
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....ending of summons through registered post has got strong legal presumption of service under section 27 of the General Clauses Act; it is an admitted fact that the husband of the defendant No.1 some time in the year 1985 took shelter in the residence of his brother Md. Rafiq Khan whose residence ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ..Category: Property Law | Date: | Hits: 33
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....knowledge of the default clause failed to deposit the costs; thereafter, on coming to know about the order dated 19-10-1991 in mid Kartik, the petitioners filed an application praying for 3 weeks' time for depositing the cost but without any hearing by order dated 26-10-1991 the above applicatio......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....Sufi Mia had not exchanged any land from plot No. 4346 with Shaista Mia on June 11,1989 and that if any deed of exchange is produced the same is forged, false and fabricated, since at the relevant time Sufi Mia was not in the country and that his address shown in the exchange deed is not correct......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....essor of the land in suit, yet in collusion with the survey officials, managed to get his name recorded in the SA khatian in respect of half of the land taken settlement by Firoz Bhuiyan, that at the time of preparation of the RS record defendant Nos. 1-9's predecessor also got the record of right p...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
....he impugned direction for payment of cost does not come under the purview of Section 526 of the Code of criminal Procedure inasmuch as the High Court Division while issuing Rule or at any point of time thereafter did not direct the accused petitioners to execute any bond with or without sureties...... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ..Category: Criminal Law | Date: | Hits: 31