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Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....business name 'Dominous Pizza', being used by the defendants, amounts to infringement of plaintiffs' trade mark 'Domino's Pizza' and that the defendants has no right, title or claims to use the said trade mark and/or business name of the plaintiff. (b) A decree for perma......te party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned Additional District Judge, 7th Court, Dhaka in Title Suit No. 3 of 2000 rejecting the application for rejection of the plaint should not be set aside or such other or further order or orders passed,...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....g felt still dissatisfied invoked this Court's Civil Provisional Jurisdiction on bestowing a petition under section 115 of the Code and obtained Rule. 3. Grounds pressed into service in support of claim to be added as opposite parties in Civil Revision are catalogued hereunder: I. Petitioners ......ction) Present: AK Badrul Huq J Tabibullah and others ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobh......nt were allotted 0.75 acres of property from Industrial Plot No. 190 appertaining to Cadastral Survey Plot N.428 and they deposited a total amount of Taka 5,66,375 + 61,83,625 - 67,50,000.00 as lease money and Government executed and registered lease deed in favors of petitioners and petitioners got..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
.... on either of the two occasions then under section 33(5) the Adalat is under legal obligation to vest the property to the decree holder for possession and enjoyment until the decree holder's claim is fully satisfied by selling the property in accordance with law. Furthermore, under section ......961 of 2004 is made absolute.
The statute Artha Rin Adalat Ain, 2003 has given scope to the Adalat to hold auction more than once under section 33(1) (2) and (3) or under 33(4). The said view is fortified if we examine section 34(9) of the Ain which reads as follows:
“৩৪(৯) এ......etary interest in the mortgaged property. The said Rule was contested by the present respondents Nos.5 and 6 wherein, it was categorically stated that the bid was duly accepted and confirmed; the bid money was fully paid up by the purchasers whereupon the sale certificate has already been issued and..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)
....passed by the Assistant Registrar of Trade Marks. In trade mark opposition case No.527/84 arising out Trade Mark Application No.22589 in Class-25 in respect of hosiery goods the authority negated the claim of the present appellant. In the said judgment inter alia their Lordships observed that the us......resent appellant. 2. The appellant Sunil Kumar Das being the sole proprietor of the Bangladeshi Manufacturer and Merchant made an application on 31.07.1997 to the Registrar of Trade Marks, Dhaka for registration of mark CANNON in class-25 for Hosiery products. The said application was duly publ...... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
.....50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ......tion. 2. The respondent No.1 as plaintiff instituted Title Suit No. 562 of 1985 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka against the present appellant and others for Specific Performance of Contract. The suit was subsequently transferred to the 3rd Court of Su......ort, is that the defendant No. 1 entered into an agreement with him to sell the suit property at a consideration of Tk. 1,20,000/- and on receipt of Tk.5,001/- from the plaintiff as earnest money the defendant No.1 executed a bainapatra in favour of the plaintiff on 19.02.1985. There ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....e and the other accused persons were charged under Sections 302/34 of the said Code. The charge as framed was read over to the accused persons present in the dock to which they pleaded not guilty and claimed to be tried. 7. The Prosecution examined 14 witnesses in order to substantiate the case a......f 2005. Judgment Md. Imman Ali J.-This Reference under Section 374 of the Code of Criminal Procedure made by the learned Metropolitan Additional Sessions Judge, Third Court, Dhaka is submitted for confirmation of the sentence of death imposed upon accused Shahid Javed Gaira alias Garib Miah, ...... as plaintiff, had filed a Civil Suit No.230 of 2002 against her. She stated that a false case had been filed against her husband because she was a witness in this case and denied having received any money as payment for sale of land. 13. Abul Hossain, deposing as P.W.5, stated in his examination..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
.... "Specific Relief Act S.42 Not only a person entitled to any legal character but also any person entitled to any right as to any property can institute a suit for declaration. A person claiming possessory right, a bargadar, even a trespasser is entitled to maintain his possession as a...... 25-04-1995 the opposite party No.1 as plaintiff instituted Title Suit No.115 of 1995 in the second Court of Subordinate Judge, Dhaka, impleading the petitioner and opposite party No.2 as defendants, for declaration that the plaintiff is the legal allottee and tenant under defendant No.1. On transfe......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....stered kabala deed dated 13-01-1938 is false, forged and not binding upon her. He adds that the recipient of the sale deed did not produce the original deed in the Court and the defendant Nos.104-106 claimed that original document was lost. He submits that the onus being upon the plaintiff to show t......ak Chandra Majhi Vs. Atahar Ali Howlader and others, 13 BLT (AD) 3. Lawyers Involved: Mahbubey Alam, Senior Advocate with Samarendra Nath Biswas, Advocate - For the petitioners. No one for opposite party Nos.1-5 Mr. N.K. Shaha, Advocate - For added, opposite party Nos.6-14. Civil......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....n record that the plaintiff No.1 Tariqul Islam was a minor at the time of execution of exhibit-1 but he submits that for the sake of argument even if it is considered that he was a boy of 16 years as claimed on the date of execution of exhibit-1 a marriage entered into by such person will be at best......o.6 of 2000 dismissing the suit have been called in question. 2. The opposite parties as plaintiffs instituted other class Suit No.06 of 2000 in the Court of Subordinate Judge, 1st Court, Magura for declaration that the Kabinnama registered on 06.07.99 was fake and fraudulent. 3. The plain......laintiff No.1, P.Ws. 2 and 3 Solaiman Biswas and Sunil Kumar Das deposed that exhibit-1 was created by force taking the signature of plaintiff No.1 who is in a minor showing unnatural amount of dower money inconsistent with status of defendant No.1. 8. D.W.1 Mst. Kabita Khatun, defendant No.1 w..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....bout the aforesaid accidental fire and the damage caused by it to the finished goods. Since the goods were covered by insurance policy, the petitioner company lodged two separates insurance claims totaling an amount of Tk. 1,67,09,937.00 with the Sadaran Bima Corporation. The loss, caused ......it Petition No.1681 of 1995. Judgment Syed Amirul Islam J.-This Rule was issued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed ....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......f the accused-appellants. 2. The prosecution case in short, is that J.C.O. 4527 Naik Subedar Md. Abdul Jabbar, 6 Rifle Battalion, Chapai Nababgonj Police Station, District Chapai Nababgonj on as informant 15.9.2003 lodged First Information Report with Chapai Nababganj Police Station implicating a......ababganj Police Station implicating accused appellants along with one Samiul Huque, alleging that on receipt of secret information that one Md. Durul Islam of village Madarpur had been carrying hundi money for the purpose of smuggling to India he was arrested and taken to 6 Battalion Head Quarter, N..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....e the opposite party No.1, Nogendra Nath Roy, is the distant nephew of Mokshada Bala Dassya, execution of will in his favour is not legal as per succession Act and Dyabhaya school of law. The further claim of the petitioner appellant is that Fakuram Hazra had two brothers namely Dhaneswar Hazra......ted against the judgment and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 dismissing the same on contest under section 263 of the Succession Act for revocation of the grant of Probate by Mokshada Bala Dasya (deceased) as granted by the District ......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....ion 21 of the Premises Rent Control Act, 1991, no order was obtained by the petitioners from the House Rent Controller in respect of the repair of the suit shop house and this being the scenario, the claim of adjustment of the monthly rental of the suit shop house against the alleged repair cost of ...... may seem fit and proper. 2. The Rule is opposed on behalf of the opposite-parties. 3. The opposite-parties as plaintiffs instituted SCC Suit No. 2 of 1997 against the defendant-petitioners for ejectment, realization of the arrear rents and compensation to the tune of Taka 6900. The case o......umstances of that case are quite distinguishable from those of the instant case. So, the principle that has been enunciated in that decision that the landlords had in their hands unadjusted amount of money paid by the defendant tenant who could be easily adjusted towards payment of rent, the latter ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
....ern L.C. being No.99003/TST/S dated 1.6.1999 and KW 230052 dated 4.6.1999 together with the reply to the show cause notice dated 28.6.2001 and that the Customs Authority rejected the Petitioners claim of Export and accordingly issued the impugned demand Notice.
5. The learned Advocate......l effect.
2. The Respondent No.1 entered appearance by filing power but no affidavit-in-opposition has been filed.
3. Perused the writ petition and heard the learned advocate appearing for the petitioner and the learned Assistant Attorney General, appearing for the Respondent No.1.
......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
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Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... The warrant was issued before the whole of the imprisonment in default had been undergone. The law does not require that reasons should be given for selling attached property after the disposal of claims. In view of the fact that no proper enquiry was made into the claim of the wife, we accept th......ent No.4. Writ Petition No.804 of 2001. Judgment MM Hossain J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,00......and eliminate bribery and corruption from amongst the public servants. 7. According to a recent news report published in the national daily newspapers, the members of a political party are raising money to pay the fine imposed upon the respondent No.4 and obtain release of the said respondent w..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
.... such there is no scope to hold that the petitioner had no requisite qualification to get appoint to the post of Aircraft Mechanic. In this way the first party petitioner was deprived of his legal claim of being appointed to the permanent post. The petitioner made several representations to the ......1, 33 of 2001, 32 of 2001, 29 of 2001, 28 of 2001 and 31 of 2001 respectively and accordingly these matters are taken up together and are being disposed of by this single judgment. 2. In the aforesaid writ petitions, Rules were issued in identical terms calling upon the respondents to show......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....n introduced for the members of Parliament in the United Kingdom. 21. The members used to enjoy a number of other privileges, specially the freedom from arrest and since the time of Tudors, they claim the freedom of speech. Even in those early days, the members as well as their speakers were ve......the law is always above them. 5. The privileges to the functionaries of the State are allowed not because they occupy such an exalted and high position in the State but only to enable them to perform their functions even better in the overall interest of the people of Bangladesh. 6. The me......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......or Assistant Judge, Sundarganj, Gaibandha bearing Other Suit No. 145 of 2004 stating that he went to the victim's house on 8-6- 2003 and then the relatives of the victim confined him in the house and forcibly took signature in the book of Nikah Registrar for creating a Nikanama. The alleged marriage......ner to withdraw the civil suit as a condition of his release on bail. 2. The prosecution case, in short, is that the accused Rafiqul Islam married the victim Rumana Akter on 9-6-2003 setting dower money of Taka one lac by a registered Nikahnama. After marriage, their conjugal life was maintained ..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....ed by a medical board. In that case charge under sections 9(kha),9(ga) and 6(1)/14 of the Ain, 1995 against the accused was framed and was read over to the accused on dock, who pleaded not guilty and claimed to be tried. 3. In course of trial the prosecution in all produced 11 (eleven) witnesse......n Case No.43 of 1997 convicting the appellant under section 6(1) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter referred as Ain, 1995) and sentencing him to suffer imprisonment for life and further convicting him under section 9(ga) of the Ain, 1995 and sentencing him to suffe......e of the defence was that victim at the relevant time was 19 years of age. The accused married her with her free will and volition, as well as with the consent of her father. The complainant borrowed money from the accused, but did not refund the same. To get rid of such debt the complainant filed t..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......urt, Comilla, in Title Appeal No.328 of 1992 affirming those dated 26-09-1992 passed by the learned Senior Assistant Judge, Sadar, Comilla, in Title Suit No.2 of 1991. 2. The facts involved for disposal of the rule are as follows: 3. The petitioner as plaintiff instituted Title S......uit land to defendants' predecessor Suruj Mia initially for a consideration of Tk. 425/- by a registered deed dated 18-12-1944 on condition that if Lal Mia Could repay the consideration money within the month of Magh 1254 B.S. and that subsequently Lal Mia offered Tk. 200/- more o..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
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