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Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)

....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......1. This respondent No.1 on 9‑4‑91 served a legal notice upon the present petitioner stating, inter alia, that they are the registered proprietor of the design for ceiling fans under the aforesaid number and date and that this petitioner has allegedly infringed the registered design which is, acc..

Category: Intellectual Property Law | Date: | Hits: 257

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

....deration of these issues it could be said whether the petition is maintainable or not. 14. As to whether the petitioner has locus standi or not it is stated by the petitioner that he is a citizen, voter and cast vote in the general election held in 1991 and that upon successful completion of the ......le 65 shall make legislation and perform other legislative functions and this Parliament as constituted by these members if twist or break the fundamentals of parliament by taking away a considerable number of members outside the Parliament in order to make the Parliament ineffective which is not au..

Category: Constitutional Law | Date: | Hits: 344

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......orks Depart­ment of the Government of Bangladesh who have been working for the last nearly 20 years or more, have any legitimate expectation to be made permanent or not. 3. It appears that a huge number of employees were in Public Works Department, firstly, under master roll and then were brough..

Category: Employment/Service Law | Date: | Hits: 208

Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)

.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ellaneous case No.52 of 1986 under Order 9 rule 9 read with section 151 of the Code of Civil Procedure setting aside the order of dismissal of the suit and restoring the same to its original file and number. 2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Baris..

Category: Procedural Law | Date: | Hits: 87

Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)

....nstruc­tion of the sections may not necessarily be taken as approved. In the result therefore this appeal is dis­missed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364........65. The consignment was insured with the plaintiff No.2 who satisfied the claim of the plaintiff No.1. It is the defendant No.3, the Chittagong Port Authority which is the contesting defendant. A number of issues, namely, that the suit is bad for want of proper notice, that the suit is barred by..

Category: Civil Law | Date: | Hits: 112

Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)

....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......nded by the SRO dated 30-6-86. It is also submitted that the demand for a consolidated amount of Taka 6,32,66,570.40 was a past and closed transaction and the same is not recoverable from innumerable number of customers scattered all over Bangladesh and since no such duty was collected by the petiti..

Category: Fiscal/Taxation Law | Date: | Hits: 169

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....tificate dated 30-4-77 issued by Pourashava Commissioner, Syedpur. An Affidavit sworn before a Magistrate on 27-4-86 has been filed to show petitioners allegience to Bangladesh. He also submitted the voter list of the area to show that the name of the petition and other members of his family appear ...... list. He next submits that equals are not being treated equally. So, it offends the fundamental right of equality clause as guaranteed under Article 27 of the Constitution. Mr. Farooqui then cited a number of decisions but we shall refer only to the relevant ones. In support of his contention he re..

Category: Property Law | Date: | Hits: 150

Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)

.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......resence of the testator, but it shall not be necessary that more than one witness be present at the same time, and no particular form of attestation shall be necessary." Finally, he referred to a number of cases to show that the requirements of law to prove execution of the will were not fulfill..

Category: Property Law | Date: | Hits: 80

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......epresents the theoretical capacity less unavoidable timeless." It is not disputed that the duty of excise is leviable on actual production of the excisable goods. The Government had to employ a large number of staffs and machinery for this purpose. This system according to the Law‑making Authoriti..

Category: Fiscal/Taxation Law | Date: | Hits: 199

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......Bench. The learned Judges obser­ved that in the absence of the Deputy Attorney-General no Death Reference could be heard as provided in the Court's Rules. The appellant has contended that in a great number of cases the Assistant Attorney-Generals appeared and conducted Death References on behalf of..

Category: Criminal Law | Date: | Hits: 116

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......ned Senior Advocate, along with Mr. Fazle Noor Taposh and Mr. Mehedi Hassan Chowdhury, proffered that in so far as NSF is not a statutory body, it is not amenable to writ jurisdiction. He relied on a number of decision to lend weight to his submission. He also questioned the locus standi of the peti..

Category: Property Law | Date: | Hits: 159

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......ed on the test which is whether to frustrate a substantive legitimate expectation would be so unfair as to amount to an abuse of power. The House of Lords endorsed the ex-parte Coughan principle in a number of cases, inclusive of the case of R Vs. Secretary of State for Home Department, ex parte Zeg..

Category: Civil Law | Date: | Hits: 218

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ......য়া যেতে পারে। ৪.২ মহামান্য হাইকোর্ট বিভাগের নির্দেশনা-২ 32. Prescribe ways to accommodate increasing number of people who visit the mosque to offer their prayer. কমিটির পর্যল..

Category: Property Law | Date: | Hits: 159

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....r observed in this regard as under. "Free, fair and periodic elections are part of the basic structure of the Constitution of India (in short, "the Constitution"). In a democracy, the little man‑voter has overwhelming importance and cannot be hijacked from the course of free and fair elections.......s long title as to which provision of the Constitution it would amend. Such Bill is thereafter sent to the President for assent if it is passed by the votes of not less than two‑thirds of the total number of members of the Parliament Further clause (IA) to Article 142 requires that if any such Bil..

Category: Constitutional Law | Date: | Hits: 215

Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)

....ismissed. The opinion expres­sed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......from the Court the appellant was entrusted with the property and repudiation of this trust constitutes "criminal breach of trust". In support of this contention the learned Advocate has referred to a number of decisions of different High Courts of the Subcontinent including a decision of the Calcutt..

Category: Criminal Law | Date: | Hits: 111

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......, and no indication given as to the consideration on which the Court is to grant its consent, what is to be looked at is the substance, rather than the form of the order of withdrawal. 15. A large number of authorities have been cited from the Bar and we are not inclined to embark upon a detailed..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......ry security when subsequently additional security is called for. 31. Faqeer Shahabuddin Ahmed, learned Advocate for the respondent has strongly defended the High Court Division's decision citing a number of decisions including one from the English jurisdiction. In National Bank of Pakistan Vs. Fa..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)

....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......equently the right to pre-emption became totally infructuous, even if it is held, for the sake of argument, that the application is maintain­able. The learned Advocate has placed reliance on a great number of decisions in support of his contention as against the contrary views taken in different ca..

Category: Property Law | Date: | Hits: 77

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......rosecution. 10. By referring to that part of the FIR, where the informant stated that the meeting of the Execution Committee of the National Economic Council (ECNEC) was not attended by sufficient number of members, Mr. Abdul Matin Khashru submitted that the said passage in the FIR divulges an in..

Category: Criminal Law | Date: | Hits: 133

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......roce­dure. It is not, however, true that the res­pondents No.1 to 3 did not make any represen­tation to the Government for release of their firm after it had been taken over by the Govern­ment. A number of letters which have been annexed to the petition, under Article 102, Annexure 1 to IX, show..

Category: Others | Date: | Hits: 154