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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. ......under TM-12. On such disclosure of fact from the Registrar, the respondent on 15‑2‑97 filed an application 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 an......ark No.27185 in Class‑25 cancelling his earlier order dated 29‑4-1993 passed on an application filed by the appellant on 31‑3‑1993 in TM 24 and dated 6‑4‑1993 in TM 38. 2. Short facts, necessary, for the disposal of this appeal are that respondent No.2 got registration of a tra..Category: Others | Date: 5 May, 2004 | Hits: 4
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously. There is no order as to costs. Ed. ...............Respondents Judgment April 27, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Cause of action is bundle of facts and for the ascertainment of the cause of action Court is required to read the plaint in its ..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
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. ......nd sought to be pre-empted was a municipal road or a recorded path, rather it is seen that the claimed 3' width brick built pathway or 'ail' is for the use of the owners of the land of the holding in question. It is the assertion of the pre-emptor that there is a 'ail' of 3'width in between his land......oting or non-quoting of the provision of law in the cause title of the plaint, herein in the petition for pre-emption,cannot be a ground for refusing the relief sought for if in the background of the facts established the relief so sought for is available, nor the Court is incompetent to allow the r..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... issued and the High Court Division thought it just and fair to dispose of the writ application with direction staying the impugned order pending disposal of the said appeal, which has been called in question before this Court. 4. Mr. Fida M Kamal, the learned Additional Attorney‑General,......nd ancillary to the main relief was illegal exercise of jurisdiction and referred to a decision in the case of State of Orissa vs. Modan Gopal Rungta reported in AIR 1952 SC 12. 5. The short facts leading to the said decision are that the Government of Orissa having, passed an order canceli..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......at litigation is going on between the parties the High Court Division was in error in making the Rule absolute and thereupon decreeing the S.C.C. Suit. He also submits that in the background of the facts and circumstances of the instant case the accepted principle that a tenant is estopped fro..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
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. ...... respondent never invoked the arbitration clause nor wrote to the appellant for arbitration. The arbitration clause 25 reads as follows: "Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instruct......another 1984 BCR (AD) 346 and Dhaka Leather Complex Vs. M/s Sikder Construction Ltd. and another, 12 BLT 17. 22. He submitted that the court cannot sit in appeal and decide the award on merit on facts as well as law. 23. In support, he cited MOL Enterprise Inc. Vs. Bangladesh, 4 BLC 407; 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. ...... 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. ......al found that there was no procedural defect in holding the enquiry and the charge levelled against the respondent was established. The learned Counsel also submitted that in the background of the facts and circumstances of the case, it cannot be said that the punishment so awarded is of such na..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......e contractual obligation, there is no scope for price adjustment to be made in favour of the appellant, more so these matters arose out of the alleged contractual obligation based on certain disputed questions of fact which cannot be decided under writ jurisdiction. 4. Mr. Rafique‑ul‑Huq w......etween the petitioner and the BIWTA and, as such, the petitioner is not entitled to get any benefit from the aforesaid clauses. (4) The High Court Division committed error of law as well as on facts in finding that the petitioner has waived his claim for price adjustment since he completed th..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......the appellant appeal has been remanded to the High Court Division with a direction to hear the appeal a fresh after obtaining report from the hand-writing expert as to execution of the document in question……………………(8 & 9) Lawyers I......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
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. ...... hardly take exception thereto. In the instant case as same had happened, the respondent No. 1 under misconception of fact and his position in law moved the High Court Division in writ jurisdiction questioning legality of the communication made to him informing discontinuation of utilisation of s....... This Court under Article 102 of the Constitution is competent and within its jurisdiction to protect this right and pass any order for its protection under Article 102 of the Constitution. In the facts and circumstances of the case, we are of the view that this application filed by the petitio..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. ......ty 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……………………...... 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. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ...... seek leave to appeal against the order dated 11‑2‑2004 passed by a Division Bench of the High Court Division in Writ Petition No. 3939 of 2003 discharging the Rule. 2. The facts leading to the leave petition are that the petitioner No.1 being the Principal‑in-..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
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. ......vailable at all and in the said situation unfathomed or extraordinary kind of uncertainty apparent in the commencement of trial and termination of the same. In the case of such extraordinary kind the question of delay in considering the prayer for quashing of the proceeding on the said ground may re......o be examined in each case to determine whether the delay constitutes abuse of the process of the Court or not. 11. Decision in a particular case is to be considered as applying to its particular facts and circumstances. Assuming reasoning in the case is correct, it nevertheless cannot be accept..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. ......sp; MA Aziz J: This Criminal petition for leave to appeal at the instance of accused Monajjel Hossain Khan alias Mintoo calls in question the legality of the judgment and order dated 3-12-2003 passed by a Division Bench of the Hi......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. ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......red the aspect of sentence and was of tile view that since a case under section 302 of the Penal Code has been found against the condemned prisoner, the Court in review would not interfere with the question of sentence which in the proved fact is the legal existence in the absence of any mitigat......ny elaborate discussion or process of ratiocination. The contention that the exposition of the law is incorrect or erroneous, or that the Court has gone wrong in the application of the law to the facts of the particular case; or that erroneous inferences have been drawn as a result of apprai..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......s) best known to him to do something or to fill up the gap in the prosecution of the case. 8. The order of remand by the Court should except in air exceptional case, be avoided when the point in question for the determination whereof order of' remand is made can very much be disposed of finally......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
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. ......n the worker has to ensure that he submits his grievance to the employer within fifteen days of the occurrence of the cause of such grievance. The prime necessity is to ensure that it reaches. The question as to how it is sent is not at all a deciding factor in spite of the words……......s from the date of dismissal of the respondent No. 1 the case was barred and hence the respondent No. 1 was not entitled to any relief. The High Court Division in its turn considered the facts and law and found that the second party i.e. the appellant in the appeal, admitted to have re..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. ......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. ......ved of reasonable notice before taking the impugned action against him. 3. The High Court Division while rejecting the application summarily has observed "we are of the view, that facts revealed in various annexures including Annexure‑D, the proceeding of the meeting of t..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.
......d provision but all canons of law and the Labour Court rightly directed the Corporation to lift the order of suspension and also to make the payment of his arrear salary for the entire period. On the question of maintainability of the case before a Labour Court, the learned Advocate submits that he ......er profits in connection with their industries........"
In this case, we are hi total agreement with the conclusions reached by the learned Judge on the correct appreciation of the relevant facts.
20. In the case of the University of Delhi Vs. Ram Nath AIR 1963 SC 1873, retrenchment c..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ...... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......fer rigorous imprisonment for 6 (six) months more. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The Constitution of Bangladesh, 1972, Articles 103 & 104 Considering the facts and circumstances of the cases and to meet the ends of justice conviction under section 4 of t..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
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