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Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......lication to the Registrar on a plain paper asserting that he did neither assign the trade mark in question in favour of Mr. Asadul Haque, the present appellant, nor did he make any agreement with any person in that respect and prayed for renewal of trade mark. On the basis of the said application th..Category: Others | Date: 5 May, 2004 | Hits: 4
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e provision of law in the cause title or in other words non-inserting of the correct provision of law under which relief sought. In our view the aforesaid state of the matter does not disentitles a person of the relief if the Court finds that he is entitle to the relief sought and in such a situat..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......plication for setting aside the award was taken at the very first instance before the Court of first instance. Secondly, the present award, on the face of it, appears to be improperly procured from a person who was not appointed arbitrator by the arbitration clause. In the circumstances, we cannot a..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......artmental proceeding". The AAT has also not recorded any finding as to irrationality of the punishment awarded nor it has held that the decision of the appellant No. 1 is one which no sensible person who weighed the pros and cons could have arrived at and that there is no finding, based on ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......gation of receiving complaint against him but without disclosing the nature or particulars of the allegations said to have been received against him as well as without disclosing the identity of theperson who was said to have made allegation, nor disclosing the source wherefrom the allegations we..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......ecessity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and such person is not competent to question the legality of such action…………&hel..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......s dot competent to take cognisance of the offence alleged against the petitioners". 6. Leave was granted to consider the submissions that there was no inordinate delay in prosecuting, the accused persons and that there was no complaint of prejudice of any kind and, as such, the High Court Divisi..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......utive Officer, District Council of Gopalganj lodged an first information report with the Gopalganj Police Station against the petitioner and others alleging that while' he was on duty the accused person and his accomplices suddenly entered into his office and asked him to resume construction of ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......s on record. To appreciate the submissions let us examine section 25 of the Act which runs as follows: "25. Grievance procedure.‑ (1) Any individual worker including a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from e..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......eceipt thereof the members making the requisition of special meeting for taking the resolution of no confidence against the Chairman/ Commissioner meet in a meeting presided over by the authorised person and the Chairman and the opposition Commissioners can very much attend the said meeting to o..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......orporation and it appointed Mr. Abu Nesar, a Magistrate, to hold a fresh enquiry. The new enquiry officer held enquiry on 28-9-1999 without giving the respondent No.2 an opportunity of being heard in person in his self-defence and without affording any opportunity to cross-examine the witnesses. He,..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......n 267, (1969) Ch Div. 457 and also relied on Palmer’s Company Law 9th Edition 379 to show what is the connotation of creditor within the meaning of section 245 of the Act and submitted that any person to whom the company is indebted in a sum of money presently due is undisputably a creditor an..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ...... 3), the informant has come to the place of occurrence and seen that Shafali Begum has been lying dead in the west Bhiti hut. The dead body has been kept under a cover. He has noticed injuries on her person. The condemned prisoner has assaulted the victim with chain to death. The neighbours have tol..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......alia, that he had no knowledge about the opening of more than one account in his name and he never committed any offence of temporary defalcation as alleged. Thereafter, the respondent was called for personal hearing at the office chamber of Post Master General. On appearance the respondent was agai..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ants and other impediments. Mr. Faroqui further submits that "transfer of possession", as evidenced in the Annexure‑Ga, cannot be the transfer of lease which the Government acquired from a juristic person incorporated in the then West Pakistan because it already extinguished and merged in the para..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......essions Case No.182 of 1999. 7. Prosecution to bring home culpability of Anjuara Khatun put on witness box fourteen (14) witnesses. 8. Defence adopted was that over land dispute some other, persons killed Tipu Sultan. Innocence and false implication had been, also, insisted. In support of ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......the submission so made is not well founded one. It is true that bonafide requirement of the premises in suit by the owner for his own use and occupation is a matter exclusively of his, but still then person who comes with a case of bonafide requirement of the premises for own use and occupation is t..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ......prisoner, to which, the condemned-prisoner pleaded not guilty. 5. The defence case, as revealed from the suggestions given to the witnesses is that the condemned-prisoner was a mentally retarded person, that prior to the date of occurrence, he became violent at the Latifpur bazar where from he ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......a lost her father and he reared her up. The occurrence took place on 1‑11-2000 at about 3.00 PM when Shamima was killed and he got the death news at about 5.00 PM. He went to the house of accused persons and found none in the house. He found the dead body of Shamima. Neighbours told that she was..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......nformant having had heard about the incident went to the place of the incident and also visited the house of PW 5 and made arrangement for her treatment. PW 1 upon hearing about the incident from the persons who witnessed the incident lodged the first information report and thereupon Fulbaria PS Cas..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
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