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Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......rt of his contention he relies on the decision reported in 20 DLR 1171, AIR 1974 (Delhi) 91 and 44 DLR (AD) 208. Mr. Islam drawing my attention to the decision reported in 48 DLR 376 submits that the principle enunciated in that case is not attracted in the facts and circumstances of the instant cas......es out of the following facts and circumstances: 3. The petitioner is engaged in the business of manufacturing Biri since 1960 by setting up and establishing ‘Taj Biri Factory' in the aforesaid village- Sarai, Haragach, Police Station - Kaunia, District- Rangpur. The 'Biris' m......only that after the lapse of more than 7 years now the present petitioner has filed the instant application under section 46 of the Act for rectification of the mark. The only question that calls for determination is whether in the facts and circumstances of the present case the instant application ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......roperly be regarded as conditional where there was no condition which was prerequisite for the formation of any binding agreement, as in "subject to contract' cases or which kept it in abeyance, this principle has been enunciated following the dicta of Lord Jenkins LJ in Parway Estate Ltd. Vs. Inlan......ilders and Engineers Ltd. 51 DLR (AD) 56. Lawyers involved: TH Khan, Senior Advocate, QC Ajmalul Hossain, Senior Advocate with him, instructed by, Md. Aftab Hossain, Advocate‑on‑Record-for the Appellants. Mahmudul Islam, Senior Advocate, Ziaur Rahman Khan, Advocate and Prober N......er of discount made by the respondent No.4 and accepted by the purchaser BWDB as the least cost combination; that this case also involves interpretation of clauses 39and 39. 1 of section 1 of ITB and determination of its legal status and the right of the purchaser inasmuch as the learned Judges gave..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ......petitioners arbitrarily. The learned Advocates further submit that such curtailment cannot be done at the whims of the respondents without even giving them any hearing and therefore it is against the principles of natural justice. In support of their arguments the learned Advocates rely on the decis...... Writ Petition No.5448 of 2002, with 4571 of 2003, 811 of 2003, 3951 of 2002, with 4832 of 2002. Judgment Tariq-ul Hakim J.-All these Rules concern common questions of law and are, therefore, being disposed of by this single judgment. 2. In all these Writ Petitions the petitioners...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......ue in service for a period of two and a half year after a specific probationary period of 2 (two) years the plaintiff respondent would be deemed to have been confirmed in the service according to the principle enunciated in the decision in the case of Mustafia Aziz vs Principal Momenshahi Cadet Coll......ersing the judgment and decree dated 82-1999 passed by the learned Assistant Judge, Dohar Court, Dhaka in Title Suit No. 27 of 1998 dismissing the same.
2. The plaintiff respondent instituted aforesaid title Suit for a declaration that the letter No. 75/1992 dated 6‑8‑1992 issued by the h......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......p; Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provision of law or principle of natural justice. It is an established principle of law that the Labour Court s......8209;1998 passed by a Division Bench of the High Court Division in Writ Petition No. 670 of 1994 making the Rule absolute and sending back the Complaint Case No. 122 of 1992 to the respondent No. 1 for fresh trial with direction to decide the case in the light of the observations made in the imp......back on remand in exercise of a jurisdiction in the nature of certiorari. Secondly, he submits, the observations which the Labour Court were directed to follow are not the proper yardsticks for determination of the legality of an order of discharge. The Labour Court is invested only with the..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......Bong Branch and ors………..Respondents Judgment November 2, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 The principle is established and settled as per present legal position that no court can pass any orde......IX, rule 1 The principle is established and settled as per present legal position that no court can pass any order of injunction or any other restraining order upon any issuing Bank for making payment under Letter of Credit. &nb......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......Judge prematurely intervened and passed the order correctly and legally and any such irregularity is curable by the provisions in section 537 CrPC” (Para‑14). 12. In consideration of the principle enunciated by their Lordships in the aforesaid decision we are not inclined to interfere w......R (Metropolitan Non-General Register) Case No.273 of 2003 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that Officer‑in‑Charge of Boalia Police ...... under section 145 of the Code of Criminal Procedure could be drawn only in case of dispute relating to possession of land or water or boundaries thereof. Dispute of ownership was beyond the scope of determination in proceedings under section 145 of the Code of Criminal Procedure. Learned Advocate, ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......sence of corroboration by the witnesses from whom the PW 1 heard about the occurrence, what he stated before the Court as PW 1 about the occurrence is nothing but hearsay evidence and it is a settled principle of law that hearsay evidence cannot be the basis of conviction. Unfortunately, the High Co...... Nari‑o‑Shishu‑Nirjatan Daman Adalat, Noakhali by the judgment passed in Nari‑o‑Shishu‑Nirjatan Case No. 26 of 1997. 2. Prosecution case is that the informant has a shop of bricks and sand at Kankirhat Bazar and his daughter Parul Akther used to sit i......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......7 for leave to appeal. Leave was granted to consider the following submissions:- "Mr. Khandker Mahbubuddin ahmed, the learned Counsel for the petitioner submits that in view of the well-settled principle of law that time is not of the essence of a contract for sale of immovable property and th......ed by the High Court Division in First Appeal Nos, 13 of 1991 and 79 of 1991. 2. The present appellant Amir Hossain filed Title Suit No. 7 of 1986 against the respondent Md. Amir Ali and others for a decree for specific performance of contract and the respondent Amir Ali filed Title Suit No. 6......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......al Procedure does not lie as it is a device of invoking a second revision under the garb of an application under section 561A of the Code of Criminal Procedure which is not maintainable following the principle in the case of Nader Ali SA vs. Bangladesh reported in 1984 BLD (AD) 7 wherein it has ...... of the Cr.P.C. to go to competent civil court…………….(18 & 20) The Code of Criminal Procedure, 1908 (V of 1898), Sections 439A & 561A A revision petition cannot be brought before the High Court Division in the camouflage of a petition under section 561A. In a very rare case......der for regulating the possession in favour of the person who has been found to be in exclusive possession and pass an order, as such, in regard to the possession of the property in dispute until the determination as to the actual right of one of the parties, has been determined by the Civil Court. ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No.4. Muhammad Salahuddin - For Proforma-Defendant-Respondent No.5. ......t come forward to be Plaintiff and General Manager, Bangladesh Bank could not be Plaintiff for Bangladesh Bank. 25. In the wake of rival contentions advanced from the Bar, points that survive for determination are: 1. (a). Whether suit property is acquired property of Government and legally l..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ...... 1 has referred to the decisions reported in ILR 22 Madras 270, AIR 1925 PC 36, AIR 1979 SC 114, (1911) 1 KB 410, (1953) 2 QB 18, AIR 1975 SC 1810, 9 PLR (Dhaka Series) 477 and 8 BLC (AD) 111. The principle enunciated in the aforesaid cases that outside the scope of section 42 of the Specific Re...... August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registra......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......n yearly basis is of no substance…..(14) In absence of any registered deed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is b......itions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to eject a tenant. From their own averments the defendants are habitual defaulters for not paying rents for the year 1385‑1386 BS. The Court of appeal below further found that the s......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......Code of Civil Procedure will be applicable and accordingly, the impugned order, having been passed without complying the specific provisions of the Code of Civil Procedure cannot be sustained and the principle laid down 54 DLR 78 is not applicable in the facts and circumstances of the present case.
......dated 25‑3‑2063 passed by the Joint District Judge and Artha Rin Adalat, 4th Court, Dhaka by which civil warrant of arrest was issued against the petitioner, fixing the next date on 30‑4‑2003 for execution and return of warrant.
2. The case of the petitioners is that he applied to the r......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
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Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......the appellant, lastly referred to a decision in the case of Raja Mohammad Amir Ahmad Khan Vs. Municipal Board of Sitapur and another reported in AIR 1965 SC 1923 in support of his contention that the principle embodied in section 111 (g) is equally applicable to tenancies. We do not find that this d......trict Judge, 3rd Court, Dhaka in Title Suit No.12 of 1999 decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for ejectment of defendant-appellant from the suit property and for delivery of vacant possessi....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......olation of which is complained of is a nullity in the eye of law or not and an order passed by a court can be void on two grounds, namely - if an order is passed by any court in violation of the principles of natural justice that must be deemed to be an order passed without lawful authority and......- Amicus Curieas. Contempt Petition No.116 of 2001. Judgment Syed Amirul Islam J.- This rule was issued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violatin......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......h and others………………Respondents Judgment May 18, 2003. Result: The appeal is dismissed. The Code of Civil Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if m...... Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there m......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......y have had yet acquired any right, title, interest in the suit land on the basis of alleged agreement with the plaintiff dated 11.11.1995 pursuant to an ex parte decree dated 5.1.1985. Apart from the principle of lispendens the respondent Ns. 1-6 have not acquired any right, title, interest in the s......azlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2. The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as the plaintiff in......an independent title of their own. Their averments in the application for addition of party of the present suit. That will covert the present suit for specific performance of contract into a suit for determination of title which is not permissible in law. The learned Single Judge of the High Court D..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... Mansur Habib, Advocate, instructed by ASM Khalequzaman, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 328 of 2003. (From the judgment and order dated 28th October 2002 pa......he pre-emptor, both the provisions of Sections 96(4) & 6(b) of the Act are applicable to him and an order passed upon him to deposit the consideration money together with compensation prior to determination of important issues, would not be an illegality. Case Referred to- ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ...... retirement age or undertaking made by and on behalf of the from 57 years to 35 years, that in view of enshrined Statutory Corporation and that it is the reasonable constitutional provision regarding principle of equality and forbidding unequal treatment of the citizens, particularly in the context ...... -For the Petitioner (In both the cases) Ajmalul Hossain QC, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on-Record‑For the Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 1039 & 1040 of 2000 (From the judgment dated March 5, 2000 passed by......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
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