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Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....s been obtained by exercising fraud not only upon the Trade Marks Registry but also the Petitioner and in view of these circumstances it is submitted that it has now become imperative for the ends of justice and fair play that the impugned registered trade mark be removed by way of rectification fro......osite party No.1. Admitting that the opposite party No.1 imported under the trademark 'Red Cow' on the basis of his Agency Agreement dated 01.07.1986 there is no need of any evidence oral and documentary, in view of the fact that facts admitted need not be proved. The Petitioner not only obt..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ......certificate to the office for getting his promotion rather, it is the suggestion of defence that enemies of accused appellant namely, Md. Oli Ahmed and Bachchu Patwary might have submitted the forged document in order to put the accused in trouble. Since the accused appellant is denying that he has ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....at the learned appellate Court without proper appreciation of the evidence, of the witnesses most illegally allowed the appeal setting aside the order of the trial Court which has caused a failure of justice. He further submits that appellate Court misread mis-appreciated and misinterpreted the evid......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....se. The charge sheet submitted against them is illegal and the respondents cannot be harassed in such a murder case. It will be an abuse of the process of the Court and in order to secure the ends of justice the proceeding against them should be quashed. 5. The High Court Division discu...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....r made any finding upon no evidence or not considering any material evidence/facts causing prejudice to the complaining party or that it had acted malafide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Division will ......present in Bangladesh at the time of emergence of Bangladesh and thereafter her whereabouts were not known and also on the date when PO 16 of 1972 came into operation. From claimant's side no oral or documentary evidence was led to show that Sahera Khatun was present in Bangladesh and her whereabout..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... without issuing any prior notice for showing cause and without giving, the petitioner an opportunity of personal hearing and, as such, the respondents have grossly violated the principles of natural justice and also violated the fundamental rights of the petitioner No.2 guaranteed under Articles 27...... time of submission of the application for sanctioning the plan, submitted mutation certificate and rent receipts and the petitioner by their letter dated 21‑5‑2002 stated that they submitted the documents asked for along with the application and they are again submitting the same documents. The..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....m the dates of their respective appointments on ad hoc basis. The Appellate Division while allowing the appeal in the aforesaid decision found that: "The main ground of the classification is to do justice to a larger number of ad hoc employees appointed during this period as a matter of policy as......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, disÂmissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......in exercise of its revisional jurisdiction, is competent to interfere with the Judgment of Court below only when there is a misreading and non-consideration of evidence or there is misconstruction of document. ....................(10) Lawyers Involved: Md. Abdus Samad with MGH Ruhull..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ...... Power of the High Court Division in exercise of writ of certiorari to reverse a finding of inferior court or tribunal: When Court of Settlement did not consider documents filed by the respondents and when it did not apply its judicial mind in deciding the case..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Category: Property Law | Date: 3 May, 2005 | Hits: 3
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
.... there is neither any complaint for the commission of an offence nor any recommendation for taking action in respect of such offence, against the accused persons, the Tribunal may, in the interest of justice, if deems lit and proper assigning reasons, take cognisance of the offence concerned against......t the learned Magistrate, 1st Class, Sylhet, having examined the complainant M Mainul Khan, victim Mst. Parul Khanum with five other witnesses and also on perusal of the medical certificate and other documents, found a strong prima facie case against the accused persons and accordingly, submitted a ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
.... with the judgment consequently the order of the SCC Court setting aside the ex parte decree was not legal. The learned Counsel submits that there should be attempt by the court to serve the cause of justice and as such the court should not read something in a particular provision of law which lead ......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ed with cruelty in committing murder of the victim. There is also nothing on record that the murder was preplanned and cold‑blooded. In such view of the matter we hold that it will meet the ends of justice if the sentence of death inflicted upon the condemned accused is reduced to imprisonment for......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....‘7‑2001, 31‑7‑2001 and 20‑9-2001 against the impugned bills but without any result. Against this backdrop, the petitioner was constrained to serve a notice upon the respondents demanding justice. Though the notice was served upon the respondents, no action was taken. Therefore, the peti......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....should be affirmed and the appeal should be dismissed and the conviction and sentence of the accused appellant Mukul Hossain should be allowed in part. 25. Furthermore, we think that the ends of justice would be met it section 35A of the Code of Criminal Procedure is applied in the instant case......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......ncerity and honesty, On 7‑11‑96 the petitioner filed an application to the Ministry of Law, Justice and Parliamentary Affairs for appointing him as a Notary Public for Kushtia District. Necessary documents were annexed to the application. Considering the prayer of the petitioner, the competent a..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7