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New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....130 in Class- 29 on 24.10.1983, No.C- 2379 in Class- 29 on 10.9.1984 and No.33421 in Class-29 on 7.9.1991. It is stated that the Opposite Party No.2 Registrar of Trade Marks being satisfied about the right of property involved in the trade marks, and given that there was no conflicting mark on recor......-in-interest of the Petitioner") who, being engaged in the business of manufacturing, importing and marketing of powder milk, butter oil, condensed milk etc. including milk products in all their forms in Class- 29 throughout the world and having acquired a reputation for the unrivalled quality ......ned 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 from the Regist......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
.... contending, inter alia, that the prosecution has successfully proved the case that the accused appellant Muzaffar Hossain Sarker committed offence under section 471 of the Penal Code and he hat been rightly found guilty of the charges under that section and the impugned judgment and order of convic......ict and Sessions Judge), Comilla in Special Case No.118 of 2001 convicting the accused appellant under section 471 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for 3 (th......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. ......sions advanced by the learned Advocate of the contending parties. 11. Mr. Nazrul Islam, the learned Advocate the appellant, has placed before me the fir information report, charges framed during trial, the evidence of witnesses as well as the impugn judgment and order. He further submits that t..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
.... that the opposite party No.1 Akram Sheikh @ Akram dealt an iron rod blow on the back side which caused him injury and thereafter he fell down on the ground and that he again gave another blow on the right hand of the victim causing grievous injury. It is also stated in the first information report ......mber of witnesses, nor the quantity of evidence is material. It is the quality that matters. It appears that the accused persons are "daredevils of the locality". No one was willing to come forward to depose against them. In such circumstances there should not be insistence that there shou......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. ...... been falsely implicated in this case out of grudge and the victim received injuries falling down from his verandah to courtyard when he went to stop quarrel between his son and his wife. 8. The trial Court on consideration of the facts and circumstances of the case and evidence on record convi..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....espondents directly with the commission of the alleged offence and as such, the High Court Division in exercise of its inherent power under section 561A of the Code of Criminal Procedure ha rightly quashed the proceeding so far it relate to the accused-respondents. The learned Counsel......r Razzaque Khan, Additional Attorney General (Abdur Rouf, Deputy Attorney General and Faisal H. Khan, Assistant Attorney General with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record, for the Appellant (in all the appeals). T.H. Khan, Senior Advocate, (Habibul Islam...... 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. ......ptable exercise in treating the G.D. Entry, the F.I.R., the statements recorded under section 161 Cr.P.C., and the alibi of some accused-respondents as if those are admissible evidence in a trial and like a trial Court, the High Court Division has given a judgment of acquittal on the basis..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......2003 arising out of Gopalganj Police Station Case No. 03 dated 3-11-2002 framing charge under section 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 against the appellant. 2. The material facts for disposal of the appeal are that on 3-11-2002, one Chitta Ranjan Roy Karmaker as informant lodged......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71.......re, the accused was aged below sixteen years and was liable to be tried before the Juvenile Court. 5. The case record was transmitted to Nari-o-Shishu Nirjatan Daman Tribunal Court, Gopalganj for trial. The tribunal by its order dated 9-9-2003 framed charge against the accused appellant under se..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
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. ......e set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner filed SCC Suit No.10 of 1995 dated 11-10-1995 in the SCC Court, Rajshahi for a decree for eviction of defendant No.1 from the suit premises as mentioned in the schedule of t......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. ......n No.2164 of 1990 and he did not violate any term and condition of the lease agreement and is fusfering huge financial loss, as the plaintiffs did not make any renovation of the premises. 5. The trial Court dismissed the suit and being aggrieved thereby the plaintiffs as petitioners filed ..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)
.... in reversing such finding and in releasing the property from the list of abandoned properties as the declaration of the same as abandoned property was infringement of the very valuable fundamental right of the citizen..............(11) Lawyers Involved: ......ka, while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard ...... 9. On perusal of the documents filed by the writ petitioner‑respondents, it appears to us that onus of making out a case that the case property was not abandoned property has been fairly discharged by the respondents. 10. We have gone through the judgment of the Court of ......Division resulting in releasing of the property from the list of abandoned property should be maintained. Before we part with it may be mentioned that in case of non-consideration of materials by the trial Court normally the superior Courts send the case on remand but in the instant case the facts r..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....9. It appears that section 27 of the Ain, 2000 lays down special provisions for taking cognizance of offence against the accused persons and in the instant case the learned Judge of the Tribunal very rightly examined the complainant on 20-5-2004 and directed the learned Magistrate 1st Class to inqui...... Nirjatan Daman Case No. 1 of 2004 rejecting the inquiry report submitted by the Magistrate, 1st Class, Sylhet. 2. In the instant case the complainant M Moinul Khan filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Paru......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......) of section 19 of the said Ain provides that all offences committed under this Ain are cognisable offences. There are special provisions for granting bail. Section 20 contains detailed procedure for trial of the case, Sub-section (1) of section 20 provides for trial in camera on the prayer of any o..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
.... facts we failed to discover any merit in the submissions advanced by the learned Counsel for the appellant. 22. The learned Judge of the trial Court after appreciating the evidence on record rightly acquitted the accused respondents from the charge. It has been held in the case of Nagandra......e appellant as complainant filed a petition of complaint in the Court of Senior Special Judge, Narayanganj against the accused-respondents alleging, inter alia, that the accused Atahar Uddin Ahmed former manager and accused Md. Momin Ali Bepari former Senior Officer of Islami Bank Bangladesh Lim......was further alleged that the accused issued an order of delivery of goods from the bank's godown which were kept under "Morbaha" system in favour of nineteen business concerns without realizing its fair price which incurred loss of TK. 68,60,685/- to the bank and the same is a violation of the no......aynaganj by order dated 13.11.1989 took cognizance of the offence under section 409 of the Penal Code and issued summons against the accused respondents. 5. Eventually the accused were put on trial in the Court of Senior Special Judge, Narayanganj to answer the charge under section 409 of t..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Montu and others Vs. State, 2005, 34 CLC (HCD)
....ription from the informant and from his nephew who failed to pay the same for which accused‑petitioners assaulted Shibli Sadik creating terror and panic in the area and thus the learned Court below rightly found the accused persons guilty of the charge leveled against them. He further submits that......gail PS Case No.19 dated 24‑2‑2004 convictin the petitioners under section 4(1) of the Ain Sringkhola Bignokari Aparadh (Druta Bichar) 2002 sentencing each of them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 5,000 each in default to suffer simple imprisonment for ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......eing No.29 dated 2‑3‑2004 against the accused‑petitioners and others. 3. After filing the charge‑sheet, the case was sent to the Court of the learned Magistrate, First Class, Tangail for trial where the GR case No.1 (Druta Bichar) of 2004 was started. During trial the learned Magistrate..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ...... of 2001 convicting the jail appellant Md. Sohel Rana under section 9(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 (in short, Ain, 2000) and sentencing him thereunder to rigorous imprisonment for life and to a fine of Taka 50,000 in default of payment of fine to rigorous imprisonment for fur......y her but he refused whereupon a Salish was held in the outer yard of the Jetha (father's elder brother) of the jail appellant on 27‑7‑2004 in the afternoon. The jail appellant admitted the affair but refused to marry her. So, she lodged the case. 4. As stated earlier, on the basis of t......other‑in‑law (elder sister's husband). The case was a fabricated one for the purpose of grabbing the land, which the minor jail appellant inherited on his father's death. On conclusion of trial the learned tribunal found the jail appellant guilty of the offence under section 9(1) of the ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....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. ......ash; For the Condemned Prisoner. Death Reference No. 19 of 2003 Judgment Sikder Maqbul Huq J. - This death reference under section 374 of the Code of Criminal Procedure is for confirmation of death sentence inflicted upon the condemned accused Rafiqul Islam Mollah for the......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. ......92. 12. Mr. Shakhawat Hossain, the learned State Defence Lawyer appearing for the condemned accused, on the other hand, submits that there is no eye‑witness of the occurrence and, as such, the trial Court ought to have acquitted the accused. It is further submitted that there is no evidence o..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....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. ......cial Tribunal No.1 Chuadanga in Special Tribunal Case No.72 of 1999 convicting both the appellants under section 19(f) and 19A of the Arms Act 1878 and sentencing them to suffer rigorous imprisonment for 10 years. 2. The prosecution case, in short, is that P.W.1 ASI Md. Mosharraf Hossain on 8......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. ......ction, 19A and 19(f) of the Arms Act. 3. The police after investigation submitted charge-sheet against the accused persons under section 19A and 19(f) of the Arms Act. At the commencement of the trial a charge under section 19(f) and 19A of the Arms Act was framed against the accused persons wh..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....ements but ultimately defendant Nos. 1-3 contested the case stating that the owner Syed Mahabubur Rahman was not present in Bangladesh at the time of liberation and accordingly, the property has been rightly declared as abandoned property. The trial Court held that the plaintiff did not file the sui...... Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone exc...... 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. ......tested the case stating that the owner Syed Mahabubur Rahman was not present in Bangladesh at the time of liberation and accordingly, the property has been rightly declared as abandoned property. The trial Court held that the plaintiff did not file the suit as the holder of power of attorney to esta..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
....avit-in-opposition denying material allegations made in the petition and contended, inter alia, that the report was published on the basis of records of the Chittagong University in exercise of their right of freedom of press and they have a duty to publish the same and they never intended to bring ......Government.
Contempt Petition No.118 of 2005.
Judgment
Md. Abdul Matin J.- This Rule was issued calling upon the contemner-respondents Nos.1 and 2, the reporters of Daily Prothom Alo, for the reports captioned “হাইকোর্টের বিচারপতির সন...... way of contempt must be exercised with great care and caution and only when its exercise is necessary for the proper administration of law and justice.
(3) It is open to anyone to express fair, reasonable and legitimate criticism of any act or conduct of a judge in his judicial capacity ......rohibits speech with reference to cause that is pending or is imminent in such a manner as to interfere with the course of justice and which provides for the punishment of such interference after due trial only imposes a reasonable restriction— reasonable in substance as well as in proced..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......Special Tribunal No. 4, Jessore in Special Tribunal Case No. 38 of 1998 by which the present petitioners were convicted under section 19A of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years. 2. On the basis of First Information Report lodged on 1.9.97 accusation was made ag......ction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all accepted rules of procedure and which offends the superior courts sense of fair play the superior court may, quite properly exercise its power to issue the prerogative writ of......e within the definition of arms and the recovery of a dagger (Chora) and gachi dao from their possession will not attract the provision of section 19A of the Arms Act, and the accusation made and the trial held by the Tribunal and conviction and sentence given is without jurisdiction. He has argued ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......eration money and to execute and register the kabala deed but the defendant No.1 refused to execute and register the kabala deed and hence the plaintiff has been constrained to bring the present suit for specific performance of contract. 3. The defendant No.1 contested the suit by filing a writ......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......nt suit on false contention and, as such, the suit is liable to be dismissed with cost. 4. Three witnesses for the plaintiff and 2 witnesses for the defendant No.1 were examined in the case. The trial Court considering the evidence adduced by the parties decreed the suit in favour of the plaint..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....k on the head of Shamsad whereby he was injured and became senseless. The accused Abu Sama gave fala blow on the left hand of the victim and injured him. The accused Babu Mollah gave fala blow on the right side of the victim and injured him mercilessly. The other accused also gave stick blows upon t......ase No.71 of 1983 convicting the accused-petitioner No.1 Mohiruddin Mondal alias Md. Mohiruddin Mondal under section 323 of the Penal Code and sentencing him there under to suffer simple imprisonment for one year and to pay a fine of Taka 1000 (one thousand) in default to suffer simple imprisonment ......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......in support of their defence case. 6. The defence case, as it appears from the trend of cross-examination, is that, the accused committed no offence and they are innocent and they prayed for trial. 7. The learned Additional District Magistrate, Sirajgonj, considering the facts and circ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......2004 arising out of Tongi PS Case No.07 (05)04, corresponding to GR No.165/2004 should not be set aside. By said order dated 1‑1‑2005 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul Hasan nick named Lyton, to be examin......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......eet under sections 120B/324/326/307/302/34/109/292 of the Penal Code against 30 accused persons including the accused petitioner. The case was transferred to the Druto Bichar Tribunal No.1 for speedy trial and was registered as Druto Bichar Tribunal Case No.31 of 2004. During trial the Tribunal fram..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......s case may be taken as additional factor in arriving at the decision in the case in hand. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied bui....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ...... justice and equity in the given set of facts of the instant case having had tilted unfavourably against the defendant No. 52, the High Court Division was in error in setting aside the order of the trial Court rejecting the prayer of the said defendant to make construction in the land seeking par..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
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