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Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....defendants filed two trademark applications before the Registrar of Trade Marks Dhaka and the Trade Marks Registry, Dhaka, which allotted serial Nos. 56056 in Class 30 and 60801 in Class 29 and after provisional acceptance by the Trade Marks Registry. Dhaka, the said trademarks were duly advertised ......ment of their trade mark, and thereby the suit is very such entertainable and there is no reason for rejection of the plaint. According to the plaintiff, it is an established and settled principle of law that an action for passing off is maintainable even without having registration of trade mark an..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. 6. A plain reading of the provisions engrafted in sub-rule 2 of rule 10 of Order I of the Code demonstrates that, Court for ef......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....hat minimum one sale process is to be taken place or completed. Adalat has the power to hold auction sale more than once. There is no scope to hold that more than one auction sale under the aforesaid provisions is barred.
The statute provides that the auction sale process is to be completed fir......nnot be realized, the interest of the decree holder is not frustrated. Rather the decree holder can enjoy the benefit of the decree by enjoying the ownership of the property in any manner as its lawful owner…….. (19-21)
Cases Referred to-
Dr. M.O. Ghani Vs. Dr. A.N.M. Ma..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... of 2002 and obtained Rule and an order of stay on 1.05.2002. In the meantime, Mr. Md. Abdul Hakim, Assistant Settlement Officer and Appellate Officer on 8.5.2002 allowed the said appeal under the provision of Rule 31 of Tenancy Rules. 15. Being aggrieved by the said Judgment and order dat......nt No.5 fixing date of rehearing of Settlement Appeal Case No.1480 of 1999 again on 22.04.2002 as contained in Annexure-'D' (wrongly typed as H) should not be declared to have been issued without lawful authority and is of no legal effect and as to why direction should not be given upon the res..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....o adolescence, opportunities created by chance circumstances, momentary passions and in certain cases revengeful attitude of people often lead men to indulge into offence of rape attracting the penal provisions of Penal Code and now Nari-O-Shishu Nirjatan Daman Ain. 5. Rape had been defined in ......neral and Shirin Afroz, Assistant Attorney-General - For-State-Respondent. Criminal Appeal No.2909 of 2004. 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 agai..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....n the tempo van came at the place of occurrence, they stopped the tempo van and apprehended the accused persons. In such circumstances section 239(a)(b) of the Cr.P.C. covers the case. Under the said provision, the accused persons committed more offence then one in the course of same transaction or ......ion is whether the conviction of all the accused persons under section 19A of the Arms Act and the conviction of Rajah Ali, Kajal Miah and Ishaq Miah under section 19(f) of the Arms Act is tenable in law or not. 15. According to the prosecution version, the accused persons were arrested jointly w..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....s, for setting aside abatement but it should be so treated by the Court, instead of rejecting it, as in this case, because ultimately it is for the Court and not the litigants, to apply the correct provisions of law in the given facts and circumstances. Reliance in this regard is made in the case......bmitted that even the petition for setting aside the order of abatement was also not made within the period of limitation of 60 days thereafter. Under such circumstances, the learned Judge erred in law as well as in facts in allowing the petition filed under Order XXII rule 9(2) of the Code, by ..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
....ing for the accused-petitioners submits that the allegations as stated in the petition of complaint are false, baseless and preposterous in nature which do not disclose any offence under the harsh provision of Nari-O-Shishu Nirjatan Daman Ain, 2000. The learned Advocate, in the course of argumen...... 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. ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....oment appointment of a defence lawyer for the purpose of defending him in the case involving capital sentence in violation of the inner sprit of section 340 of the Code of Criminal Procedure and provisions laid down in the first paragraph of the Chapter XII of the Legal Remembrance's M....... 5. At the trial, the prosecution examined 11 witnesses out of 15 cited witnesses of the charge sheet and the defence side availed opportunity of cross-examining them through State defence lawyer without adducing any defence witness. 6. The defence version as available from the trend..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......ters. She identified Eunus Mollah, Ismail Mollah Galu, Shahid Javed Gaira, Shahjahan, Mohsin and others in the dock. In her cross-examination she stated that she now lives at the house of her aunt-in-law at No.12 Juriatuli and at the time of occurrence she lived with her family at 64 Juginagar Lane ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....l Court committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order dated 25-10-1999. 20. For the convenience of understanding the provisions of Order VI Rule 17 of the Code of Civil Procedure reads as hereunder: "Rule 17-The Co......endment. 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 decision occasioning failure of justice. In support of her contenti..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....Court to come to a correct decision as to the claim of the contesting defendants that their predecessor purchased the suit land by the said registered sale deed in question particularly when there is provision under section 45 of the Evidence Act for examination of LTI by experts. 15. In the ca......e submits that there being no difficulties in comparing her LTI's with the LTI's of the register. He adds that the learned Subordinate Judge without considering the same committed an error of law resulting in an error in the decision occasioning failure of justice. 9. No one appears on ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....of a Shafei girl who has attained puberty (b). Explanation-Puberty is presumed, in the absence of evidence, on completion of the age of fifteen years. Hedaya, 529: Baillie, 4. Note that the provisions of the Indian Majority Act, 1875, do not apply to matters relating to marriage, dower, an...... a proper judgment of reversal inasmuch the finding of the trial court on different issues have not been controverted or set aside by the appellate court. The appellate court committed gross error of law in not holding that exhibit-1 being a registered kabinnama there is a presumption of genuineness..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)
....re. The learned Advocate further submits that the impugned action 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 .......11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed in revision (Annexure-H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....nce deserves no interference. 9. Perused the Memorandum of Appeal, First Information Report. Final Report submitted by the Investigation Officer filed with supplementary affidavit and the relevant provision of law and heard the learned advocate and the learned Deputy Attorney General at length. ......ritory of Bangladesh. He further submits that the impugned order passed by the learned Judge of the Tribunal is non-speaking without assigning any reason and the same is not sustainable in the eye of law. 8. The learned Deputy Attorney General appearing for the State submits that the First Inform..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
.... to law or morality or opposed to public policy, the probate court should shut its eyes and feel helpless and not construe the will and pronounce whether it is void or otherwise according to the provisions of the succession Act No.XXXIX of 1925 which consolidates the law applicable to......r has conferred Shishubala Roy all powers including powers of conducting all legal proceedings regarding the property contained in the will. As such the petition for revocation is filed by him by his lawful constituted attorney, Shishubala Roy. It is further stated that the probate being obtained fr..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....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. ......at.....there may be thousands of defects in the documents of the defense as well as their case but that does not entitle the plaintiff to get a decree. 11. It is an established principle of law that the appellate court is the final court of facts and the decision on question of facts by th..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....ent of the daily compensation at the rate of Taka 50 to be paid to the opposite-parties by the petitioners since 1-2-1997. This direction of the SCC Judge does not appear to be in conformity with the provisions of section 21 of the Premises Rent Control Act, 1991. Section 21 of the Act deals with th......fer of Property Act asking for vacant possession of the suit shop house in their favor by 31-1-1997. The opposite-parties terminated the lease of the petitioners with reference to the suit shop house lawfully. But despite the termination of the lease, the petitioners did not vacate the suit shop hou..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
.... 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. ......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 the earlier suit fails or in the alternative the plaintiff of the ea..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... respondent No.4 paid Taka 2,74,35,400 on account of fine and had served more than three months of imprisonment in default of payment of the rest of the fine amount and for release from jail as per provision of section 69 of the Penal Code, the learned Special Judge by order No.118 dated 28-2-2001......by also committed an offence under section 5(1)(e) of the Prevention of Corruption Act, 1947. It is also stated that the Prevention of Corruption Act, 1947 was enacted to provide for a more effective law to prevent and eliminate bribery and corruption from amongst the public servants. 7. Accordin..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
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