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New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....the unrivalled quality of their products over the past several decades, adopted a trade mark consisting of the words "Red Cow" together with the device of a cow represented in a special and particular manner in tin containers and in a colour combination quite distinctive in its presentatio......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)
....11‑2002 passed by the learned Special Judge in Special Case No.118 of 2001 is justified in the light of the evidence on record and the submissions advanced by the learned Advocate of the contending parties. 11. Mr. Nazrul Islam, the learned Advocate the appellant, has placed before me the fir......en made out relating to the commission of offence. 34. P.W.14 Syed Liakat Hossain deposed that on 13‑4‑1995 he was District Anti-Corruption Officer, Chandpur, then he took over the charge of investigation from the previous District Anti-Corruption Officer Nasim Anower. He filed memo of evid..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ore witnesses. Even the quality of the evidence of a single witness is sufficient to prove the case…………..(39) The general rule that if the accused wished to prove the particular fact, his alibi for instance, he must prove it. The plea of alibi must be substantiated b......s from the attending doctor lodged the first information report. 3. On the basis of such allegations Kushtia PS case No.11 dated 4‑3‑1993 was started. The investigating officer after holding investigation submitted charge-sheet against the opposite party No.1 Akram Sheikh @ Akram and opposi..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....;suance of these Rules by the High Court Division out of which the present appeal arose, the learned Sessions Judge upon examination of the record and the materials along with it and hearing the parties framed charges against the accused including the accused-respondents. 12. The p......utfunnessa the wife of the victim has also implicated Jharu, Kishlo and Mohan. 11. The aforesaid statements prima facie implicated the accused-respondents in the case and the police upon investigation has submitted charge-sheet against the accused including the accused respondents. Afte..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....19‑1‑02. The petitioner also obtained permission for heavy electricity of 1000 KV power from the Government of Bangladesh. Rajuk has given approval or sanction of plan for other complexes in many parts of Dhaka City including Basundhara City and Karnaphuly Garden City which are in the heart of D......amine the building plan from the point of view of construction and to investigate whether there are defects in the plan purely from a constructional point of view. He is not allowed to embark upon an investigation as to the desirability of such a building from the point of public policy. Public poli..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....he Ain. Application of coercive method in the removal of a woman or child or exercise of inducement and deceitful means upon a woman or child whereby he or she is compelled to live as a device on the part of the alleged abductor is to be established to constitute an offence under this section. 16......ccused repeatedly but unsuccessfully. The informant's belief is that accused appellant taking the victim out on the pretext for going to private tutor deceitfully exported him to India. 3. During investigation, police visited the place of occurrence, prepared sketch map and index and recorded st..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
.... the PSC. This period was extended from time to time. The PSC published an advertisement on 30.3.1978 and in that advertisement it was mentioned that the Assistant Engineers of Road and High Ways Department who were appointed on ad hoc basis might apply for regularization of their service. The wri......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. 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
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....h view of the matter, we are of the view that the judgment passed by the High Court 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 norm......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. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....s. 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 of the parties or if the Tribunal deems fit. Sub-section (8) of section 20 as amended by Act No. 30 of 2003...... আইনের বিধানাবলী কার্যকর থাকিবে।" The Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended by Act No. 30 of 2003) provides special time limit for investigation of the case under section 18 of the Nari-o-Shishu Nirjatan Ain, 2000. This amended pro..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....under the "Morbaha" system against eighteen business concerns whose security guarantee stood for TK. 1,98,36,534/- but the accused only collected TK. 1,37,20,921/-, which was the misconduct on the part of the accused. It was further alleged that the accused disbursed and invested in their sweet ...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....…..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause suit furnishing security for ......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
Montu and others Vs. State, 2005, 34 CLC (HCD)
....ul Islam, as informant, lodged a first information report with the Tangail Poli Station dated 25‑2‑2004 alleging, inter alia, that he along with his nephew Shibli Sadik had been doing business in partnership establishing Seba Clinic on eastern side of the old bus stand; that for the last few day......e occurrence and hearing of the same from his nephew Shibli Sadik be filed the ejhar. 2. After filing the ejhar, Tangail Police station Case No.19 dated 24‑2‑2004 was started and task of the investigation was given to SI Monir Hossain who getting the task of investigation of the case visite..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....etter appreciation let us consider the evidence of the witnesses. 12. In her examination-in-chief informant victim P.W.1 narrated the first information report case of the prosecution in material particulars. So we need not repeat the same here. In her examination in chief she further stated tha......4. As stated earlier, on the basis of the aforesaid allegation Mitapukur PS Case No.25 dated 19‑8‑2000 was started against the jail appellant under section 9(1) of the Ain, 2000. On conclusion of investigation-police submitted charge sheet against the jail appellant for the offence punishable un..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. ......eipt of the post‑mortem report the aforesaid charge officer, being P.W.1 Md. Nurul Amin, lodged the FIR on 7-3‑1994 mentioning the above facts and entrusted P.W.11 SI Md. Majibur Rahman with investigation. P.W.11 investigated into the case and submitted charge-sheet against Md. Rafiqul Isla..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....pellants as aforesaid. 6. Let us now discuss the evidence on record in minute details. 7. P.W.1 Md. Mosharaf Hossain who is the informant has stated in his deposition that the police patrol party including himself on the basis of information that some terrorist have taken shelter in the ho...... the first information report (Exhibit 2) was lodged by P.W.1 giving rise to Chuadanga Police Station Case No.9 dated 8‑2‑99 under section, 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 ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....dgment dated 25.04.2004 passed in Civil Appeal No. 49 of 2003 dismissing the same. 2. Short facts are that the writ petitioners filed writ petition No. 488 of 1994 stating, inter alia, that after partition of India some members of Ansari family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari a......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....making the Rule absolute upon setting aside the judgment and order dated June 23, 1999 of the 3rd Court of Additional District Judge, Bogra in Miscellaneous Appeal No. 74 of 1998 allowing the same in part upon reversing the judgment and order dated October 25, 1998 of the 1st Court of Subordinate Ju......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....e of Criminal Procedure for quashing the proceeding against them. The aforesaid Criminal Miscellaneous Cases were thus started in the High Court Division. The High Court Division after hearing the parties made the Rules absolute and quashed the proceeding of aforesaid Ramna Police Station Case No......er sections 5(2) of the Prevention of Corruption Act,1947. On the basis of the aforesaid first information report, Ramna Police Station Case No.53 dated 11‑12‑2001 was started against them. After investigation charge‑sheet has been submitted against the accused respondents and others on 24‑2..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
.... equipments for setting up of an industry for manufacturing acrylic sheets on Turn-Key basis. Sambo Corporation of South Korea acting through their local agent in Bangladesh Messrs Atlanta Enterprise participated in the tender their bid was accepted, contract was entered into on 28.3.1998 between ......acy of the accused petitioners. 4. As a result, the Motijheel P.S. Case No. 26, 9.4.1994 as aforesaid was started which is pending before the Court of Chief Metropolitan Magistrate, Dhaka. Police investigation is yet to be completed. In the meantime the petitioners filed an application under sec..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ability of the election petition and to decide whether the petition was liable to be dismissed under Article 58 of the Order. The said preliminary issue was taken up for hearing and after hearing the parties a Single Judge of the High Court Division by the impugned decision dismissed the election pe......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
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