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Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

....venue Department all through in the head office of the respondent No. 1, Titas Gas Transmission and Distribution Company Limited. He was elected General Secretary of Titas Gas Karmachari Union having registration No. B-1193 in the year, 1986. The registered office of the said Trade Union is 105, Kaz...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...

Category: Employment/Service Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311....... law and morals, between the perspective of jurisprudence and those of reason and good conscience. The creative work of interpretation of statutory law by the judges has to continue because law is, indeed, a historical growth, for it is an expression of morality which develops silently and unconscio..

Category: Criminal Law | Date: | Hits: 60

Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)

....ing its products adopted a trademark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up in erstwhile Pakistan. In the year 1973 the petitioner applied for registration of the trade mark "NABISCO" with the Trade Marks Registry, Dhaka under applications No.......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..

Category: Intellectual Property Law | Date: | Hits: 386

Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)

....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......ted land belonged to opposite party No. 2 Haji Md. Kazimuddin Akand who sold the same measuring 10 decimals on SA plot No. 163 to the pre-emptee respondent-petitioner Mr. Abdul Mannaf by a registered deed dated 16-6-1997 without giving any notice to the pre-emptor who is a co-sharer to the disputed ..

Category: Property Law | Date: | Hits: 91

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......ote by way of inheritance as well as by purchase and their co-sharer pre-emptee opposite party No. 3, Rafique Ullah sold 24 decimals of land to pre-emptee opposite party Nos. 1-2 by a registered sale deed No. 11986 dated 21-12-1997 who are strangers to the case jote. No notice of the said transfer w..

Category: Property Law | Date: | Hits: 67

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ...... for and the Rule is liable to be discharged. 9. In support of his contention, Mr. Khan cited the case reported in 1 MLR 54 where a Division Bench of this Court held that upon execution of a lease deed, a right is created in favour of the lessee which cannot be taken away without issuance of any ..

Category: Property Law | Date: | Hits: 66

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......the plaintiff along with others took part in the bid. Quotation of the plaintiff was accepted as the highest bid. Upon deposit of 20% of the quoted price as down payment, on behalf of said Ministry a deed of agreement was executed for the sale of the cinema hall at Taka 31,15,000 and on 26-10-79 an ..

Category: Property Law | Date: | Hits: 159

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....l responsibilities. The learned Counsel, by making pointed reference to the English and Australian systems of parliament, submits that the Minister of these countries are subject to the rules for the registration and declaration of interests in addition to their being subject to guidelines and requi......the writ petition under Article 102(2) (a)(ii) was not maintainable as the respondent Nos. 1-8, although they were servants of the Republic of Bangladesh but were not functioning or doing any acts or deeds in connection with the affairs of the Republic nor they had acted in the affairs of the local ..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..

Category: Employment/Service Law | Date: | Hits: 81

Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....ecision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......ecision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..

Category: Civil Law | Date: | Hits: 105

Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)

.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......der, also instituted Title Suit No.371 of 1991 against aforesaid Anis Fatema and others in the First Court of Joint District Judge, Dhaka for declaration of title and for further declaration that the deed of Anis Fatema is void, illegal and inoperative. The said suit was also decreed ex-parte on dat..

Category: Property Law | Date: | Hits: 71

Abdul Jabbar Vs. Akter Hossain Bhuiyan being dead his heirs Md. Masud Hossain Bhuiyan & others, 2009, 38 CLC (AD)

....cuted and registered about 90 years old and negative presumption of the same could only be formed through evidence keeping in view of the development and circumstances consequent to the execution and registration thereof till the present. Mr. Dhali next submits that the plaintiffs exhibited as many ......e Zamindar's Seresta. Abdur Razzak, the son of the said Kademunnessa sold out lands in the suit plot No.42 to Shamsuddin Bhuiyan alias Raja Mia, father of the plaintiff appellants, by registered sale deed dated 19.12.1942 and delivered possession thereof and later Abdul Kashem @ Sona Mia and Golam S..

Category: Property Law | Date: | Hits: 81

Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)

....r was rejected. 2. The appeal arises out of the following facts and circumstances. The respondent No.1 Messrs Hosnara Begum trading as “BALLY” shoes, filed application No.15884 in Class-25 for registration of the trade mark as “BALLY” shoes having her office at 230/4 New Elephant Road, Dh......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..

Category: Intellectual Property Law | Date: | Hits: 210

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

.... on 18.1.1992. The kobala was written and executed by the executing court on 22.2.1992 which is evident from exhibit ‘Tha’. The said court presented the kobala before the concern sub-Register for registration. The sub-register assessed tax, towards transfer, amounting to taka 25, 15,625.00 and f......f the plaintiff. The plaintiff withdrew Taka 1,80,000/- from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant No. 1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the A..

Category: Property Law | Date: | Hits: 110

Samah Razor Blades Industries Ltd. Vs. Supermax International Pvt. Ltd and another, 1998, 27 CLC (HCD)

....335 in Class-8 was removed from the register. 2. The short fact leading to this appeal is that the appellant Samah Razor Blades Industries Ltd. filed application No. 28335 in class 8 on 2-3-89 for registration of the words ‘Supermax’ razor blade. The application was registered in their favour......6/93 is hereby set aside and the appellant’s mark is restored to its original position. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) 237...

Category: Intellectual Property Law | Date: | Hits: 319

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......tion rather the demand will drive the production level. The claim that new discovery may, by 2005 yield 3466 MMCFD a day is speculative, a figment of imagination or wishful thinking. If there could indeed be such a level of discovery, we could have an easy ride for a long term plan for our gas resou..

Category: Constitutional Law | Date: | Hits: 231

Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)

....They also challenged the genuineness of the ‘Ekrarnama’. They asserted the defendant 3 did not give the deed. Defendant 3 did neither execute the deed nor any affidavit in support of the deed for registration. It was created by the plaintiff. 16. The trial Court held that the deeds of sale an......ith surrounding bank measuring 0.03 acre of plot No.8430 and 0.23 of plot No.8431 appertaining to RS Khatian No.1585 of Mouza Durgapur, PS Mirsharai in the District of Chittagong. 3. By three sale deeds registered on 22-04-74 the plaintiff transferred the suit land to the defendant No.3 and the s..

Category: Property Law | Date: | Hits: 113

Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)

....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......two sons— Kalipada Roy and Devi Pada Roy whose names were recorded in SA Khatian. Thereafter said Kalipada and Devi Pada sold out the suit property along with others to plaintiff by registered sale deed dated 11-8-1969 and delivered possession. During Revisional settlement suit property has been w..

Category: Property Law | Date: | Hits: 71

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......nted loan to the plaintiff as per condition contained in the Annexure to the sanction letter and against DP Note, letter of acceptance, letter of continuity, revival letter etc, and against mortgagee deed subsequently registered in favour of the Bank but in gross violation of those conditions the co..

Category: Civil Law | Date: | Hits: 101

Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)

....arijan Nessa from making any transfer. Sharijan Nessa appeared in the suit and filed a written statement admitting the agreement. In spite of her best desire, she could not complete the execution and registration of the necessary ‘Kabala’ for the order of injunction. She died leaving two sons, d......sta Pramanik. Tusta Pramanik died leaving his wife Sharijan Nessa and a sister Sonabi Nessa as his only heirs and legal representatives. Sonabi Nessa transferred her share to Sharijan by a registered deed of sale dated 3-2-59. Thus being owner in possession of the entire 41 shatak, Sharijan Nessa go..

Category: Property Law | Date: | Hits: 91