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Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
.... Petitioners. Ataur Rahman Khan, Advocate-on‑Record‑ For the Respondent. Civil Petition for Leave to Appeal No. 1329 of 1999. (From the judgment and order dated 11th August, 1999 passed by the High Court Division in Writ Petition No. 123 of 1999). ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......neral, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioners. Ataur Rahman Khan, Advocate-on‑Record‑ For the Respondent. Civil Petition for Leave to Appeal No. 1329 of 1999. (From the judgment and order dated 11th August,&nbs..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....ellant. Rafiqul‑ul‑Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record‑For the Respondent. Criminal Appeal No. 11 of 2000. (From the judgment and order dated 23rd June 1999 passed by the High Court Division in Criminal Revision No. 199 Of 1999). J......he offence committed by the company and the burden is on the director to prove that the offence has been committed without his knowledge. He lastly submits that the High Court Division failed to take notice of the provision of section 24(2) of the Securities and Exchange Ordinance, 1969 in its prope......der the record of the case and the documents submitted therewith and upon hearing the submissions of the accused and the prosecution to come to a considered finding that there is no sufficient ground for proceeding against the accused and while discharging the accused the Court shall record the reas..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
.... Syed Amirul Islam J.-This rule was issued upon the opposite party Nos.1 and 2 to show cause as to why the Trade Mark registered under the name of "Aziz Biri" bearing No.40518 in Class-34 dated 5.5.1994 together with its existing features of label, get up and design should not be expunge......tion of a mark is filed under section 14 of the Act and it is duly published in the Trade Mark Journal any person may within the prescribed time from the date of advertisement of the application give notice in writing to the Registrar opposing the registration whereupon an opposition case is started......es out of the following facts and circumstances: 3. The petitioner is engaged in the business of manufacturing Biri since 1960 by setting up and establishing ‘Taj Biri Factory' in the aforesaid village- Sarai, Haragach, Police Station - Kaunia, District- Rangpur. The 'Biris' m..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
....zlul Karim J. - The plaintiff-petitioners seek leave to appeal against the impugned judgment and order of the High Court Division passed in FMA No. 302 of 2003 dismissing the appeal against the order dated 29‑5‑2003 passed by the Joint District Judge, fifth Court, Dhaka in Title suit No. 48 of 2...... to Taka 20 crore per year. In order to protect the brand name of the plaintiff No.1, the business of the plaintiffs‑appellants petitioners and national interest, the plaintiff No. 3 caused legal notice to be published in a number of daily newspapers, both English and Bengali. In the newspapers ......ibly a complaint could be made under the Trade Marks Act to protect the trade mark of the petitioner but that not having been registered petitioner has no legal right to protect the trade mark sought for by way of an order of injunction in the court of law. ......................(7) Lawye..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....anullah Patwary, Advocate‑on‑Record‑For the Appellants. Ex-parte-For the Respondent. Criminal Appeal No. 3 of 2002. (From the judgment and order dated August 14, 2001 passed by the High Court Division in Criminal Rule No. 88(R) of 2001). ......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......tiated not upon a petition of complaint but registered in a police station upon lodging of an Ejahar. In view of the provisions as in Article 157 of the Limitation Act providing period of 6 months for filing an appeal by the Government against the order of acquittal, the application for condonat..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....pondent Nos. 3 & 5. Not represented—Respondents Nos. 2 & 4. Not represented—Respondent Nos. 2-6. Civil Appeal Nos. 278 and 279 of 2003 (From the Judgment and order dated 25th May 2003 passed by the High Court Division in Writ Petition No. 1900 of 2003). Judgmen...... to see whether the evaluation of the bids by BWDB was contrary to the tender documents and therefore arbitrary, the following portions of Section III, Evaluation and Qualification Criteria are to be noticed: Multiple Contracts: Goods are Grouped in lots and pursuant to Sub‑Clause 36.6 of t......ilders and Engineers Ltd. 51 DLR (AD) 56. Lawyers involved: TH Khan, Senior Advocate, QC Ajmalul Hossain, Senior Advocate with him, instructed by, Md. Aftab Hossain, Advocate‑on‑Record-for the Appellants. Mahmudul Islam, Senior Advocate, Ziaur Rahman Khan, Advocate and Prober N..Category: Others | Date: 10 Dec, 2003 | Hits: 261
....Appellants.
Abdur Rab Chowdhury, Senior Advocate, instructed by ASM Khalequzzaman, Advocate‑on‑ Record‑For Respondent No. 1.
Civil Appeal No. 137 of 2001
(From the judgment and order dated 12‑4‑2000 passed by a Single Bench of the High Court Division in Civil Order No. 1960 of 2...... contending, inter alia, that he plaintiff respondent was appointed as temporary Probationer junior teacher, since her standard of reaching was not up to the mark, the school authority served warming notice to the plaintiff respondent on 1‑2‑1992 and on receipt on the said latter of warning the ......ersing the judgment and decree dated 82-1999 passed by the learned Assistant Judge, Dohar Court, Dhaka in Title Suit No. 27 of 1998 dismissing the same.
2. The plaintiff respondent instituted aforesaid title Suit for a declaration that the letter No. 75/1992 dated 6‑8‑1992 issued by the h..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....9;on‑ Record‑ For Respondent No. 1. Not represented‑ Respondent No. 2. Civil Petition for Leave to Appeal No. 586 of 2003. (From the judgment and order dated 8th April 2003 passed by the High Court Division in Writ Petition No. 2338 of 2001). ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......as entitled to restoration as ordered. The Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10(5) The Court of settlement dismissed the case for default without giving any decision as to whether enlistment of property as abandoned building,..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
.... Ahsanullah Patwary Advocate‑on‑Record‑For Respondent No. 2. Ex parte‑ Respondent No. 1. Civil Appeal No. 128 of 1998. (From the judgment and order dated 26th August 1998 passed by the High Court Division in Writ Petition No. 670 of 1994). ......cal Education and Registration reported in 43 Chancery Division 366 on the scope of domestic enquiry: "There must be due inquiry. The accused person must have notice of what he is accused. He must have an opportunity of being heard and the decision must be ......8209;1998 passed by a Division Bench of the High Court Division in Writ Petition No. 670 of 1994 making the Rule absolute and sending back the Complaint Case No. 122 of 1992 to the respondent No. 1 for fresh trial with direction to decide the case in the light of the observations made in the imp..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....In Civil Appeal Nos. 152 & 154 of 2000). Not Represented‑ Respondents (In Civil Appeal Nos. 153‑155 of 2000) Civil Appeal Nos. 152‑155 of 2000. (From the Judgment and order dated June 10, 1999 passed by the High Court Division in Writ Petition No. 2127 of 1994). Judg......se 3 of the lease deed they were required to make construction within 3 years or within the extended time as may be allowed by the lessor and as no construction was made within 3 years, a show cause notice was issued on September 16, 1989 and they replied to the said with the prayer for extension o...... or some other suitable procedure to reconsider or review or to see correctness of its judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been otherwise as article 102 (2) or any other provision of ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....8209;Record‑ For Respondent No. 1. Not Represented‑ Respondent Nos. 2‑6. Civil Petition for Leave to Appeal No. 1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by the High Court Division in FMA No. 234 of 2003). Ju......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......IX, rule 1 The principle is established and settled as per present legal position that no court can pass any order of injunction or any other restraining order upon any issuing Bank for making payment under Letter of Credit. &nb..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....le 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, the person in whose name record has been wrongly prepared and finally published raises claim ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......995 of the 1st Court of Subordinate Judge (now Joint District Judge), Gazipur, in Title Suit No. 44 of 1993 dismissing the suit which was filed seeking declaration of title in the land in suit and for a further declaration that names of Ananda Mohan Mondal, Gobinda Chandra Mondal, Fatik Chandra ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
.... Md. Nawab Ali, Advocate‑on‑Record‑For the Appellants. Not represented‑The Respondent. Criminal Appeal No. 27 of 2001. (From the Judgment and order dated 3‑6‑1999 passed by the High Court Division in Criminal Appeal No. 579 of 1998.) ...... statement and report as Exhibits 5 & 6. A medical report can be admitted into evidence if the conditions as provided in section 509A of the Code of Criminal Procedure are fulfilled. We have noticed that the doctor who examined the victim and gave the report was not examined as witness, eve...... Nari‑o‑Shishu‑Nirjatan Daman Adalat, Noakhali by the judgment passed in Nari‑o‑Shishu‑Nirjatan Case No. 26 of 1997. 2. Prosecution case is that the informant has a shop of bricks and sand at Kankirhat Bazar and his daughter Parul Akther used to sit i..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....lance amount would be paid within 4(four) months, the time was extended several times and as such the question of time being the essence of the contract does not arise. He has pointed out that on the date of bainapatra out of total consideration money of Tk. 2,00,000/-(two lacs), TK. 70,000/- (Seven......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......ed by the High Court Division in First Appeal Nos, 13 of 1991 and 79 of 1991. 2. The present appellant Amir Hossain filed Title Suit No. 7 of 1986 against the respondent Md. Amir Ali and others for a decree for specific performance of contract and the respondent Amir Ali filed Title Suit No. 6..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ecord‑For Respondent Nos. 1 & 5. Not Represented‑ Respondent Nos. 2‑4. Dispensed with‑ Respondent Nos. 6‑ 10. Criminal Appeal No. 17 of 1999. (From the judgment and order dated 24 June 1998 passed by the High Court Division in Criminal Miscellaneous Case No. 3125 of 1997......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...... of the Cr.P.C. to go to competent civil court…………….(18 & 20) The Code of Criminal Procedure, 1908 (V of 1898), Sections 439A & 561A A revision petition cannot be brought before the High Court Division in the camouflage of a petition under section 561A. In a very rare case..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....Appeal before this Court depicts a lamentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment dated August 16, 1998 followed by a decree dismissing plaintiffs suit for a declaration of title and......2 weeks to the Board and Board might use or deal with property as might appear to it to be expedient. 35. Section 93A(4)(h) enshrined that Provincial Government would publish in Official Gazette a notice to the effect that Provincial Government had decided to acquire requisitioned property for Bo...... Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No.4. Muhammad Salahuddin - For Proforma-Defendant-Respondent No.5. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....f 2003) Not respondent‑‑Respondent (In Criminal Petition No. 23 of 2003.) Criminal Petition for Leave to Appeal Nos. 22 and 23 of 2003. (From judgment and order dated 25‑8‑2002 passed by the High Court Division in Criminal Revision No. 121 of 2001).......aring for the petitioners in both the petitions, submitted that the High Court Division failed to appreciate the provision of law as contained in section 467 of the Penal Code and also failed to take notice that Champak Lata executed the sale deed in her own name as Champak Lata and did not execute ......Not represented‑‑Respondent No. 1 (In Criminal Petition No. 22 of 2003) Not respondent‑‑Respondent (In Criminal Petition No. 23 of 2003.) Criminal Petition for Leave to Appeal Nos. 22 and 23 of 2003. (From judgment and order dated 25‑8‑2..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....9;ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 114 of 2002. (From the judgment and order dated 22nd April 2001 passed by the High Court Division in Civil Revision No. 1595 of 2000). ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......tle Execution Case No. 21 of 1998 allowing amendment of the execution application by way of inserting Taka 38,25,141.53 towards interests and costs. 2. This appeal arose out of the suit for a decree of a bill of Taka 1,37,68,309,47 filed on the averments, inter alia, that the appella..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate ‑on‑Record -For Respondent Nos. 2‑ 7. Civil Appeal No. 50 of 2000. (From the Judgment and Order dated February 1, 1999 passed by the High Court Division in Transfer Suit No. 1 of 1995). Ju......n the “master plan" as car park]. The High Court Division, in holding the lease deed registered in favour of the defendant No. 6 collusive and fraudulent and consequently, null and void, noticed the following matters as questionable facts and circumstances, (a) that plaintiffs prayer f...... August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registra..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....of decision from the Head Office of Uttara Bank. In the year 1384 BS the defendant proposed to re-fix the rents of the premises by a letter to which the plaintiff Bank by Memo No.CMH/OF/FRENT/78‑79 dated 12‑4‑1978 informed that the rent was enhanced to Taka 1800 for the subsequent years. Mr. C......een treated as tenant on yearly basis is of no substance…..(14) In absence of any registered deed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is def......itions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to eject a tenant. From their own averments the defendants are habitual defaulters for not paying rents for the year 1385‑1386 BS. The Court of appeal below further found that the s..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
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