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Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)

....e mark 'Domino's Pizza & Logo' of the plaintiff. (d) A decree directing the defendants to furnish the complete accounts of the profit made during the period of infringement and also to direct the defendants to deposit the profit amount into the Court for the payment to the plain...... 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. ......ustomers of products as prepared by the plaintiff though, in fact, those were prepared by the defendants. The plaintiff made several other statements which are materials for proving their case during trial. 4. The suit was filed some time in 2000. The defendants duly entered appearance and file....... This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..

Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....p;Respondents (Writ Petition No.5961 of 2004) Judgment March 12, 2007. Result: The Writ Petition No.3016 of 2004 is discharged and the Writ Petition No.5961 of 2004 is made absolute. The statute Artha Rin Adalat Ain, 2003 has given scope to the Adalat to hold auction mo......ecree holder or to transfer the title to the same respectively. Beyond that the auction of the Adalat will be without jurisdiction. 14. In the present case, he submits that auction has been called for 12 times before May, 2003 when the new law came into force. Thereafter, as many as 4 auct......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284. ......ain Hider J Farah Maybug J Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka ………………Petitioner Vs. Judge, Artha Rin Adalat No.3, Dhaka and others……………………Respondents (Writ Pet..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

..... Judgment AK Badrul Huq J.- Rape apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a women/girl. Rape not only is a crime against the person of a women/girl, it is a crime against entire society. It is a crime against basic Human Rights ......e senseless after the accused persons made a good escape by running away. Informant P.W.1 had been absent in the house and he came on the following morning of the incident right. One Buida Doctor was called. He treated Runa Laila. There had been profuse bleeding. Runa Laila was admitted in Rabeya Cl...... "History of the Pleas of the Crown" presented common law rape doctrines which were immediately noticed to be hostile to the interest of woman as one of the requirements was to inform the Jury during trial that rape charges were easy to bring but difficult to defend. 3. In 1680 Lord Chief Justi......) (2007) 321, 13 BLC (HCD) (2008) 271. ..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)

.... pay the balance consideration money within 1(one) month from the date of bainanama and get the sale deed executed and registered from the defendant No.1. Since the land was already with plaintiff, so it was not written in the bainanama that possession would be given. The plaintiff, thereafter, pr.......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: ......74 of 1999 affirming the judgment and decree passed in Title Suit No.3 of 1987 was disposed of with modification that the plaintiff, Md. Ataur Rahman of Title Suit No.3 of 1987 would deposit in the trial court to the credit of defendant No.1, Afazuddin a sum of Tk.1,50,000/- as soletium over and a......e, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondents. Civil Appeal No.173 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 28.01.2002 passed by a Division Bench of the High Court Division in Civil Revision N..

Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272

Ful Miah & others Vs. State, 2007, 36 CLC (HCD)

....bigonj in Special Tribunal Case No.40 of 1999. The Special Tribunal convicted the appellants Ful Miah, Rajab Ali, @ Akbar Ali Kajal Miah, Abdul Ahad and Liakot Ali and the petitioner Md. Ishak Mia@ Hoson Mia @ Kason Mia guilty under sections 19A and 10(f) of the Arms Act and sentenced with rigorous ......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......ced with rigorous imprisonment for 10 years on each count with a direction to run the sentences concurrently. This Judgment governs both these matters. 2. Appellants and the petitioner were put on trial before the said Tribunal to face charge under sections 19A and 19(f) of the Arms Act. Some of ......ddin Md. Aminur Rahim, Deputy Attorney-General - For the State. Criminal Appeal No.1778 of 2003. Criminal Miscellaneous Case No.9275 of 2005. Judgment Surendra Kumar Sinha J.- This appeal and the Rule arose from the Judgment and order dated 13.5.2003 of the special Tribunal No.4, Habigon..

Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26

Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)

....rs……………………Accused-Petitioners Vs. The State and another……………………Opposite parties Judgment November 19, 2006. Result: The Rule is made absolute. Lawyers Involved: Md. Munsurul Hoque Chowdhury, Advocate - For the petitioners. ...... Md. Mansur Rahman, Assistant Attorney General - For the State. Criminal Miscellaneous Case No.11846 of 2003 Judgment Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the proceeding of the Nari-O-Shishu Nirjatan Daman Case No.33 o...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......ported in: 13 MLR (HCD) (2008) 68. ..

Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11

State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....llip;…..State Vs. Md. Abdul Gofur…………………………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the......lpur, for confirmation of death sentence imposed upon the condemned prisoner Md. Abdul Gofur on his conviction under section 11(Ka) of the Nari-O-Shishu Nirjaton Damon Ain, 2000 (herein after will be called as Ain, 2000) by the judgment and order dated 2.9.2003 passed in Nari-O-Shishu Nirjaton Damon......ainst the accused husband Md. Abdul Gofur alone, submitted charge sheet against him on 21.4.2003 under section 11(Ka) of the Nari-O-Shishu Nirjaton Damon Ain, 2000. 4. At the commencement of the trial, the learned Judge of the Tribunal also framed charge against the accused husband Md. Abd......llip;…………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is allowed. Cases Referred to- Gourango Kumar Shaha Vs. State, 2 ..

Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6

State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....s Involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General-For the State. Khalilur Rahman Bhuiyan, Advocate State Defence Lawyer-For Condemned Prisoner Shahid Javed Gaira @ Garib Mia. S.M. Rezaul Karim with Md. Abdur Razzak and Afifa Begum Sop......by accused Shah Alam Babu alias Sundar Babu is that he was not the person who committed the offence inasmuch as he was not identified in the dock by the informant or the other witnesses as the person called Sundar Babu who shot the victim. The specific defence case put forward by accused Ismail Moll...... Case No.58(3) 98 was started. 6. After due investigation police submitted charge sheet dated 9.9.99 against the 11 F.I.R. named accused plus 3 others namely, Montu, Eunus Mollah and Sujan. During trial charge was framed against 13 accused persons, Pichhi Babul having died before the date of fram......n (Criminal Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J The State…………………………………………..Appellant Vs. Shahid Javed Gaira @ Garib Miah and others……………………………Opposite Parties Judgment August 29, 2006. Resu..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)

....t premises to the defendant No.2. Hence the suit. 4. On 04-07-1996, the plaintiff filed an application for amendment of the plaint and by the proposed amendment the plaintiff wanted to incorporate some additional facts along with the following facts: “খ- আরজির শিরোনা�......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. ......tion for amendment is not correct and there is no cause for amendment. She adds that the proposed amendment of the plaint will change the nature and character of the suit and the learned Judge of the trial Court by allowing the application committed an error of law resulting in an error in the decis......esent: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J M. H. Monzur………………………………………………………………………..Petitioner Vs. Md. Nuruzzaman and others……………………………………………….Opposite Parties Judgment Au..

Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42

Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)

..... Md. Ibrahim and others………………………….Opposite parties Judgment August 8, 2006. Result: The Rule is made absolute. Cases Referred to- Md. Serajuddin Ahmed and others Vs. A.K.M. Saiful Alam and othe......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. ......itioners for examining the LTI of Fuljan Bibi, the executant of the deed dated 13-01-1938 and comparison the same with some other admitted-LTI's appearing in some papers, is allowed. 23. The trial Court will fix up the necessary costs for the purpose and direct the petitioners to deposit th...... 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)

....��………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Result: The Rule is made absolute. Cases Referred to- Abdur Rahim Vs. Arifur Rahman and others, 50 DLR 166; 25 BLT 41......le Appeal No.09 of 200 allowing the appeal and reversing the judgment and decree dated 2.11.2000 passed by the Subordinate Judge, Magura in other Class Suit No.6 of 2000 dismissing the suit have been called in question. 2. The opposite parties as plaintiffs instituted other class Suit No.06 of ......upon defendant No.1 filed Family Suit No.4 of 2000 for dower and maintenance. The suit by the plaintiff No.1 is the counterblast of the family suit and the G.R. Case as mentioned above. 5. The trial court framed 6 issues and examined 4 witnesses on behalf of the plaintiff and 2 D.Ws. on behal...... Present: Md. Abdul Matin J ATM Fazle Kabir J Mst. Kabita Khatun………………………………………………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Resu..

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)

....e are 3 godowns within the mill premises for storing the finishing products and on 23.11.85 all the 3 godowns were burnt into ashes by an accidental fire at about 12:30 p.m. and on the same day and also on the following day the petitioner company informed the Collector of the Customs and Excise......ction taken by the respondents is also not sustainable in law in view of the fact that the said duty was levied for non-compliance with the provision of Rule 10 of the Excise Rules, 1944, hereinafter called the Rules inasmuch as though the petitioner did not specifically make a prayer for exemp....... 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. ......tijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Respondents Jud..

Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5

Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

....pur was impleaded as the defendant No.3. Their case, in short, is that the suit land measuring 3.36 acres described in the schedule of the plaint originally belonged to Sarat Sundari Chowdhurani, who sold the same to Dijendra Lal Roy by a registered deed of sale dated 19.12.1917; that Dijendra Lal R......992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ......gment and decree dated 29.6.1992 passed by the Subordinate Judge (now Joint District Judge), Jamalpur in O.C. Suit No.29 of 1986 decreeing the suit and sending back the suit on remand for retrial. 2. The opposite party nos.1-13 as plaintiffs filed Title Suit No.29 of 1986 in the ......in: 26 BLD (HCD) (2007) 488. ..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

....ized and seized passport and list of numbers of the hundi money were attached to the First Information Report and every page of the Passport was signed and scaled by the BDR authority. The accused persons were interrogated on their suspected involvement. Subsequently said proprietor Moon Enterprise ...... by mobile task force of BDR Rifle Battalion and police after launching a hasty operation at village Madarpur, P.S. Godagri, District Rajshahi along with Motor Cycle Dhaka Metro-A-028429 from a place called Dariapur on the Rajshahi-Chapai Nababgonj highway for search out of suspicion. It is alleged ......or the State submits that the First Information Report disclosed incriminating material on the involvement of the accused appellant, in hundi business which is a matter of evidence at the time of the trial. As such order of taking cognizance for a offence under Section 25-B of Special Powers Act on ...... Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim and Md. Iqbal Hossain, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1083 of ..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....Hazra from the Court of the District Judge, Rajshahi, on the 2nd February, 1974 as per proceeding in Misc. Case No.58 of 1972 without serving any notice to the petitioner and other interested persons; that the proceedings of the Miscellaneous Case No.58 of 1972 were defective in substance ......as no notice upon the petitioner and other interested persons were served; that the said grant was obtained by the principal opposite party No.1 by exercise of fraud upon the court by showing so-called service of general and special citations and that notice of the said proceedings was fraudule......this case in the name of Noni Gopal as his so-called attorney with a motive to grab the property and to harass these opposite parties unnecessarily which is liable to be rejected. 9. At the trial, the petitioner examined 4 witnesses in support of his case. P.W.1 is constituted Attorney Shi......hellip;………………………………………………..Appellant Vs. Sree Nagendar Nath Roy and others……………………………&h..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....Class Suit No.310 of 1981 against defendant nos.1-3 and others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter referred to as the suit land) and also for declaration that ROR in the name of defendant Government is wrong. The plaintiff claims that ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ...... and possession in some of the suit plots claiming their ownership in those plots. However, ultimately these defendants compromised the suit with the plaintiff and executed a solenama before the trial court. 5. Court below on consideration of the evidence on record decreed the suit on com&......dgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....-1-1997. 4. The case of the defendant-petitioners, in short, is that previously the grandfather and thereafter the father of the petitioners were tenants in the suit shop house under the predecessor of the opposite- parties. The rent of the suit shop house was raised gradually to Taka 60 per mo......97 and it is ex facie clear that the petitioners got more than 15 days' prior notice as contemplated by law and in this view of the matter, the notices under section 106 of the said Act cannot be called in question. 14. It is also the submission of Mr. ASM Kamal Amroohi Chowdhury that there......ew of the evidence and materials on record, the bonafide requirement of the suit shop house by the plaintiff-opposite parties has not been proved and, as such, the impugned judgment and decree of the trial Court are not according to law and that being so, it calls for interference from this Revision......e is also Reported in: 61 DLR (HCD) (2009) 518. ..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

....uit may be stayed only when the matter in issue of the previously instituted suit is directly and substantially the same, the parties are the same title and the court is competent to grant the relief so claimed. Unless the Court is satisfied with the above tests of law, no stay can be granted. If th...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......er stated that if the earlier suit fails, the Plaintiff of the subsequent suit will not get any relief and that the application under section 10 of the Code of Civil Procedure is premature. 7. The trial Court after hearing the parties and on consideration of the materials on record rejected the s......diction) Present: Mir Hashmat Ali J ABM Hatem Ali J Moulana Mohammad Baquer Siddiqui…………………………………………….Petitioner Vs. Tamizuddin Khan Trust Estate and others……………………………………..Opposite Parties Judgment June 25, 2006...

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....r. 2. The petitioner, being a dedicated and ardent human rights activist and an Advocate of the Supreme Court of Bangladesh is concerned with the human rights of the marginalised segments of the society and motivated with the high ideals, filed a number of public interest litigations to ensure ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ...... Ershad, along with 16 other accused-persons were tried in the Special Case No.11 of 1992 by the 2nd Court of Additional Sessions Judge and Court of Special Judge, Dhaka and after conclusion of the trial, the learned Special Judge was pleased to convict the respondent No.4 under section 5(1)(e) ......eme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Abdul Mannan Khan (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule ..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

....custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is intended to ensure safety, sec......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......s of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is intended to ensure safety, security and welfare of the girl. Wh......ith Advocate Kowser Parvin Hoque………………………………………….Appellant Vs. The State and others……………………………&h..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

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