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....ngly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......ed an application for registration of the same word “Pragga” under No. 46773 in class-3 dated 8th May, 1996 in the Trade Marks Registry, Dhaka. Opposite party No. 1 managed to get his application ordered to be advertised in the Trade Marks Journal No. 192 for the month of October and November, 1...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
..
Category: Intellectual Property Law | Date: | Hits: 167
....e Court
High Court Division
(Special Original Jurisdiction)
Present:
AHM Shamsuddin Choudhury J
Sheikh Md. Zakir Hossain J
Siddique Ahmed……………..Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh ......y referring to the present constitutional system in his own country, South Africa, Justice Olivier observed, “All these has been changed by the miracle of the transition in our country. In the 1993 interim constitution and again in the 1996 constitution, which is intended to be our permanent const......d, why a direction for re-trial of Kotowali P.S. Case No. 25 dated 24.12.1984, (corresponding G.R. No. 1676 of 1984), under Section 302/34 of the Penal Code, should not be issued, and why such other order or orders should not be passed as this court may deem fit appropriate.
5. Pending hearing......he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shan Hosiery …………………………Petitioner Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others ……………………Opposite Parties Judg......3 of 1997 against the defendants for perpetual injunctions for restraining the defendants from forcibly dispossessing the plaintiff from the suit premises. In the suit, the plaintiff also obtained an interim order of injunction, by which the defendants were restrained from dispossessing the plaintif......tioner. Probir Halder, Advocate—For Opposite Party Nos.1, 2 & 5. Civil Revision No. 3748 of 2000. Judgment Md. Abdur Rashid J. - This Rule was obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 passed in Title Suit No. 57 of 200......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....elim (Haji Md)………………………………. Petitioner Vs. Collector of Customs and others ………………..Respondents Judgment October 31, 2001. Cases Referred To- Bangladesh vs. Mizanur Rahman, 52 DLR (AD) 149; Abdur Rashid vs. Central Board of Revenue, PLD 1965 Pesha......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......able to this conflict, the section 21 of the General Clauses Act also may be looked into which reads as follows: “21. Where by any Act of Parliament or Regulation, a power to issue notification, order, rules or bye-laws is conferred, then that power includes a power, exercisable in the like man......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....d in: 54 DLR (2002) 285....... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285....... Judgment Md. Abdur Rashid J.- This Rule was obtained by the pre-emptee (purchaser) by making a revision application under section 115 of the Code of Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge at Sadar in Sunamganj in Miscellaneous ...... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285...Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....R (AD)197 = 6 BLC (AD) 45; Abdus Rab Mia vs. District Registrar and others 4 BLC (AD) 8. Lawyers Involved: MI Farooqui, Advocate — For the Petitioner. Ajmalul Hossain, QC with Iftekhar Ahmad, Advocates — For the Respondents. Writ Petition No. 6200 of 2001. Judgment Md. Hamidu......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280...Category: Election Law | Date: | Hits: 88
....ion
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MA Aziz J
Nisha Rani Devi…………………Petitioner
Vs.
National Board of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commi......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......y Attorney-General with FKM Ahsan, Assistant Attorney- General—For the Respondents.
Writ Petition No. 724 of 1994.
Judgment
MA Aziz J. - Under challenge in this Rule is the legality of the order dated 18-11-93 as contained in Annexure “F” passed by the National Board of Revenue, Gover......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....set aside. 2. By the impugned order the learned Subordinate Judge directed one Ramesh Chandra Das @ Chowdhury to be present in court to prove a Power-of-Attorney executed by him. The short facts leading to this Rule are that the opposite party No.1 as plaintiff instituted Title Suit No.14 of 1993......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......ry, Advocate—For the Opposite Party. Civil Revision No. 636 of 1996. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 16-9-95 passed by the learned Subordinate Judge, Narshingdi in Title Appeal No.20 of 199......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....d 30-1-97 passed by the Senior Assistant Judge, Saturia in the District of Manikganj in Miscellaneous (Pre-emption) Case No.5 of 1995, allowing the pre-emption have been called in question. 2. Broad facts leading to the case are that, opposite party No.1 as per-emptor instituted a case in the Co......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......ul Yaque Khan Fakir Rahen Hossain with Mostafa Zaman Islam, Advocates—For the Opposite Parties. Civil Revision No.1546 of 1999. Judgment Gour Gopal Saha J.- In this Rule, the judgment and order dated 15-4-99 passed by the Second Court of Subordinate Judge, Manikganj in Miscellaneous Appe......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222.......nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222.......he Opposite Party. Criminal Miscellaneous Case No.1293 of 2000. Judgment Md. Hamidul Haque J. - This is an application under section 561A of Code of Criminal Procedure for setting aside the order dated 1-2-2000 passed in Criminal Revision No.83/99 by the learned Sessions Judge, Cox’s Baz......nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222...Category: Criminal Law | Date: | Hits: 42
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
.... Abul Kalam and others....………….Opposite Parties Judgment November 25, 2001. Cases Referred To- Australasia Bank vs. Abdul Aziz Jan, PLD 1983 Peshawar 64; NWFP vs. Fiaz Muhammad, PLD 1986 Peshawar 19. Lawyers Involved: SK Afzalur Rahman, Advocate—For the Petitioner. ......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......21 of 2000. Judgment Md. Abdur Rashid J.- The above Rule was obtained by the preemptors upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 28-11-99 passed by the Subordinate Judge, 2nd Court at Noakhali in Miscellaneous Case No......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
.... Judgment November 24, 2001. Lawyers Involved: Mohd. Moazzem Hossain, Advocate — For the Petitioner. Subrata Chowdhury with BA Rashi, Advocates — For the Opposite Party No.1 (In Trade Mark Application No. 3 of 2000). Not represented— the Opposite Party No.1 (In Trade Mark A......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273....... a colour scheme, design and get up similar to that of the petitioner’s trade mark under application No. 38902 in class 29 in the Trade Marks Registry, Dhaka and managed to get the said application ordered to be advertised in the Trade Marks Journal. 5. The petitioner not being aware of legal p......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....n and others…………………………...Petitioners Vs. Chitra Rani Dey and another…………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford ......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. ......……………...Petitioners Vs. Chitra Rani Dey and another…………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to ......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. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....t petitioner and the defendant opposite party Nos. 3 and 4 praying for recovery of Taka 17,39,780,70 stating inter alia that both the plaintiff companies were constituted by six persons viz Mr. Muhammad Iqbal, Mrs. Rehena Iqbal, Mr. Mohammad Imtiaz, the Group A shareholders and the defendant Nos.1-3......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.......pondent Nos. 1 and 2. Civil Revision No. 3616 of 1996. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the Opposite Party 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.......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...Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
....of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425....... 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.......nstructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos. 2-3. Not Represented—Respondent No.1. Civil Petition for Leave to Appeal No. 311 of 2009. (From the judgment and order dated 15-12-2008 passed by the High Court Division in Writ Petition No. 9865 of 2008). Judg...... 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...Category: Election Law | Date: | Hits: 127
....tendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266.......nlarged on bail in Kotwali Police Station Case No. 30 dated 20-7-2001 corresponding to GR No. 357 of 2001 pending in the Court of Magistrate, First Class, Barisal and detenu was, also, enlarged on ad-interim bail for a period of six (6) months on furnishing bail bond to the satisfaction of the Deput......tisfaction of the Deputy Commissioner, Barisal or till submission of Police Report whichever is earlier.
2. During incarceration in Barisal District Jail the detenu on 28-8-2001 was served with an order of detention signed by District Magistrate, Barisal for a period of 30 days. Grounds of detent...... 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)
.... High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Kalandiar Kabir……………………………..Petitioner Vs. Bangladesh and others………………. Respondents Judgment January 12, 2002. Cases Referred......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. ......ay satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. M Amirul Islam appeared on behalf of the petitioner, he has challenged the validity of the order of detention on several grounds which we like to discuss one by one. First argument of Mr. M A......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. ..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....am @ Dablu and another 1988 BLD 317 = 40 DLR 58; A Karim vs. State 1981 BLD (AD) 200, Sarwar Kamal vs. State 48 DLR 61. Lawyers Involved: Shawkat Ali Khan with Faziul Haque Khan Farid and Md Amzad Hossain, Advocates—For the Appellants. ABM Waliur Rahman Khan, Assistant Attorney General wi......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. ......Md. Shamsul Huda J.- This appeal is directed the instance of the convict appellants Nur-e-Alam, Md Abdur Razzaque, Md Joynal Haque alias Joynal, Nurul Islam and Md Lebu Miah against (the judgment and order dated 12-10-1993 passed by the learned Additional Sessions Judge, 1st Court, Tangail in Sessio......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. ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....Respondents Judgment December 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government of Bangladesh, 47 DLR (AD) 108(17). Lawyers Involved: Muzibur Rahman, Advocate—For the Appellants. ......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.......hman, Advocate—For the Appellants. PC Guha, Advocate—For the Respondents. Original Order No.10 of 1992. Judgment Gour Gopal Saha J. - This appeal is directed against the judgment and order dated 28-11-91 passed by the District Judge, Barguna in Review Case No.3 of 1991 under Order 4......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...Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....HCD) (2000) 201.......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....... Judgment Md. Ruhul Amin J. - This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution. The respondents were called upon to show cause as to why the order dated 22-3-1999 passed by the respondent No. 2. Member, Land Appeal Board in Appeal No. 2-34-9......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...Category: Property Law | Date: | Hits: 33
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