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M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......ered a trade mark in any acceding State or a non-acceding State under section 82A for the time being applies. 17. Section 6(2) of the Trade Mark Act, 1940 provides that any person aggrieved by the absence or omission or by any entry made in the register without sufficient cause or by any entry wr...... of the Union for the enjoyment of any industrial property rights. (3) The provisions of the laws of each of the countries of the Union relating to judicial and administrative procedure and to jurisdiction, and to the designation, and to the designation of an address for service or the appoin..Category: Intellectual Property Law | Date: | Hits: 233
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ...... and possession in the suit land. 8. The plaintiffs thereafter presented this appeal. The precise question on which leave was granted is whether the High Court Division had acted beyond its jurisdiction in upsetting, in second appeal, the findings of fact arrived at by the trial Court and..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......upport from the case of Md. Wahab & ors v. Abdul Kalam & anr. 44 DLR (AD) 13, cited by Mr. B. Hussain. 13. The learned Judge of the High Court Division in exercise of his revisional jurisdiction under Section 115 CPC without taking into consideration of all those relevant facts, h..Category: Procedural Law | Date: | Hits: 87
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ...... inter alia, that the Ad hoc Managing Committee of the appellant's Society being a "local authority", as defined in Section 3(28) of the General Clauses Act 1897, is amenable to the writ jurisdiction of the High Court Division under Article 102 of the Constitution. 2. The releva..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....ly undermines the capacity of a worker to work. In case of physical or mental incapacity the disability of the worker is complete and in case of continued ill-health, the capacity is impaired, not totally eliminated. 11. In both the earlier and instant writ petitions "continued ill-h......t;ill-health" has not been defined in the Act. It has also not been stated in the Act what period of illness would be regarded as "continued ill-health". It was held that in the absence of a legislative guideline the period of illness that would be considered to be "cont......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......o the writ petitioner with in three months from the date of receipt of the courts order. 7. Leave was granted to consider the Government appellants submissions, first, that while exercising jurisdiction under Article 102 of the Constitution the High Court Division was wrong in converting ..Category: Property Law | Date: | Hits: 42
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......lates to procedural matters and it provides that the procedure provided in the Code in regards to suits shall be followed as far as it can be made applicable in all proceeding in any Court of Civil jurisdiction and section 121 of the Code of Civil Procedure provides that the Rules in the Fir..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......f estoppel and whether the High Court Division was justified in interfering with the concurrent findings of fact of the first two courts below. 8. The other question that came up is whether in the absence of any case made out by the plaintiffs of dispossession within twelve years of the suit file......otice of the sale of the disputed land to Abdul Barek and others. 11. On the second question it is urged by the learned Counsel for the appellants that the High Court Division has acted beyond its jurisdiction in reversing the concurrent findings of fact of the two courts below disregarding the n..Category: Procedural Law | Date: | Hits: 36
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......months and 11 days and in support of his age relevant documents were submitted before the trial Court and order No.52 dated 14.03.1999 shows that the Court being satisfied with the cause shown for absence of co- accused Mukul Hossain alias Mukul Miah that he was sitting in his S.S.C. examination......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ...... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......ecommendation of a three member committee which is in violation of regulation 16(Ka). It was further held that Regulation 16(Ka) clearly provides that only the Governing Body has the authority and jurisdiction to take disciplinary action against any teacher on an allegation of professional misco..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......o fault or fetches of his own. A valuable right accrued to the appellant in law and fact should not be lost. In that view of the matter we thought it to be a most appropriate case to exercise our jurisdiction under Article 104 of the Constitution........But in the scheme of our Constitution we..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ...... Civil Procedure. In the case of Kamrul Hasan Vs. Bangladesh and others reported in 49 DLR (AD)(1997) 44 this Division held that sections 4 and 6 of the Administrative Tribunals Act do not provide jurisdiction to the Administrative Tribunal or the Appellate Tribunal to grant any interim relief i..Category: Administrative Law | Date: | Hits: 92
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....ared on behalf of the writ petitioner with books of accounts, bank statements etc. and explained the return. The Deputy Commissioner of Taxes however assessed under section 83(2) of the Ordinance the total income at Tk. 112,41,52,972.00 and determined the tax at Tk. 32,31,55,109.00 payable under the......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......n making the Rule absolute on the basis of submission made relying on the provision of section 23 of the Acquisition and Requisition of Property Ordinance, 1982 and the further submission that in the absence of any averment made in the writ petition to the effect that the Deputy Commissioner did not......rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......other hand, submits that Abbas Ali Munshi got the settlement of the suit land from the Ex-Zaminder as far back as in 1946 and as such it cannot be the said that the learned Subordinate Judge had no jurisdiction to try Title Suit No. 160 of 1966 in view of the provision of Section 20(2) (a) (iii) ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......e of summons upon Ful Meher Bibi, defendant No. 8 of the original suit. Therefore, it was no function of the High Court Division to sit in appeal over that finding of the trial court in revisional jurisdiction. We also find that the application under order 9 rules 13, of the Code of Civil Proced..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....ection 30 of the Tenancy Rules. On appeal, the order was set aside and order was passed for recording the suit lands in the name of the plaintiffs. 11. From the C. S. Khatian, it is clear that the total area of plot No. 1600 is 4.61 acres whereas the plaintiffs claim to have taken settlement of......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ......ctively. By an office memo dated 28.1.89 the concerned authority issued a notice of caution against him for warning that action will be taken against him in accordance with law for any future absence from duty giving a statement of his above mentioned absence from duty since 1986. Even......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ......tted any error of law which calls for interference except that the relief as to 'arrear salary' was uncalled for as there was no such prayer in the suit nor could it be allowed otherwise in the absence of any finding that the respondent was not in any gainful employment during the period in ......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ..Category: Employment/Service Law | Date: | Hits: 83
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....lant No. 2 to remit the same to enable him to leave Italy and report to Dhaka through his letter dated 8.7.1989 wherein he stated that the actual outstanding dues have been worked out and the total amount comes to US Dollar 12,349.11 which he needs for arranging his departure from Italy to ......adesh Embassy in Rome on 6.7.1989 and 7.7.1989. 4. The writ petitioner sent a reply showing cause on 6.9.1989 explaining, inter alia, that he could not move to Dhaka for want of fund in the absence of remittance of his arrear pay etc., which was awaiting decision of the Commerce Ministry ......appellants that the allegations made in the Writ Petition having been denied by the Writ-respondents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the High Court Division had fallen into an error of law in not holding..Category: Employment/Service Law | Date: | Hits: 105
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