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Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....e Trade Marks Act, 1940 for infringement of registered trade mark or under section 20(2) of the Trade Marks Act, 1940 in a suit for passing off and not in a case of the present nature and further the business address of the concerned industry may be changed from one place to another and such......l Fans Limited and another…………........Respondents Judgment June 21, 2009. Lawyers Involved: Md. Ismail Miah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioners (Appeared with the leave of the Court) Not represented-the Respondent......ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ..Category: Intellectual Property Law | Date: | Hits: 211
....nt in Civil Appeal No. 111 of 2008 supported the legality of such appointments and the High Court Division discharged the Rule.
25. In that judgment the High Court Division considered the rules of business as under:-৬৮। এ প্রসঙ্গে মন্ত্রণালয়ের ব......6; Bangladesh Vs. Md. Idrisur Rahman and others, BLT (AD) 231 volume-XVII; S.P. Gupta and others Vs. President of India and others, AIR 1982 SC 149.
Lawyers Involved:
M. K. Rahman Additional Attorney General instructed by A.S.M.Khalequzzaman, Advocate-on-Record-For the Appellants (In Civil App......olution taken in the meeting of the Secretaries dated 06.01.1997 so far relating to the decision for appointment on promotion of the officers of Drafting Wing to the post of Secretary, has not been incorporated, and that no material could be placed before us to show that the respondent No. 5 opted f......ral, additional attorney-general, deputy attorney general, assistant attorney genera, Government pleaders, public prosecutors, special prosecutors and legal advisers to all statutory corporations and bodies.
16. Conduct of cases on behalf of the Government in all courts and tribunals.
17. Civi..
Category: Constitutional Law | Date: | Hits: 207
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney General) instructed by B. Hossain, Adv......e unless the person accused of the offence has been given an opportunity of showing that he had such permission. (4) Where the person guilty of an offence under this Act is a company or other body corporate every director, manager, secretary and other officer thereof who is knowingly a party to t......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
....peal is directed against the judgment and order dated 28.11.2005 passed by the High Court Division in Writ Petition No. 1577 of 1999 discharging the Rule. 2. The petitioner in course of his business opened a letter of credit on 02.02.1999 through National Bank Limited, Khatoongonj Branch,...... Referred To- Mostafa Kamal Vs. Commissioner of Customs and others, 52 DLR (AD) 1. Lawyers Involved: Maqbul Ahmed, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for leave...... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ...... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....ding loan amount of Tk.1,24,93,829.19/- being principle loan amount plus the accrued interest amount thereon contending, amongst others, that the defendant-petitioner hereof took loan for its salt business but failed to repay the same within the time or thereafter, inspite of demands made by the......Branch & others ......................Respondents Judgment March 9, 2009. Lawyers Involved: Sirajul Islam Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..Category: Civil Law | Date: | Hits: 136
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....ough court. The plaintiff at the material time was ready and willing to pay the balance consideration money to the defendant No.1 but he avoided receiving the same. The plaintiff’s wife had a joint business transaction with the defendant No.1. It was assured by the defendant No.1 that the joint bu......nd others…………………………Petitioners Vs. Bijoy Chandra Khasnabish and others………....Respondents Judgment December 15, 2008. Lawyers Involved: M. Amirul Islam, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. M. H. Kh......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...Category: Limitation Law | Date: | Hits: 255
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......ed in: 15 BLC (AD) (2010) 44. ......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......of fairness in justice delivery system. ………………………………….(9) The power of judicial review in the nature of writ of Certiorari is limited to judicial and quasi-judicial bodies, as such, this jurisdiction can be used in the narrow sense to declare as to whether the act ..Category: Anti-Corruption Laws | Date: | Hits: 211
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....r full brother, his share has been purchased in the name of Balaram by registered deed dated 02.08.1974 from joint income of the plaintiff and Balaram. The plaintiff and Balaram use to carry joint business. The plaintiff also has equally share of the money deposited in the Bank by Balaram, thus ......ra Banik and others……......Respondents Judgment June 5, 2008. Lawyers Involved: Tabarak Hossain, Advocate instructed by Mrs. Sufia Khantun, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ..Category: Property Law | Date: | Hits: 99
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
.... No. 7287 of 2005. 4. The C.R. Case No. 359 of 2002 arises out of an application field by the respondent No. 2, Anowar Hossain, against the petitioner alleging, inter alia, that the petitioner had business relationship with the firm Messers. Karim Galvanizing Steel Limited, of which accused No.1,...... Judgment March 22, 2009. Result: The petition is dismissed. Case Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: Ajmalul Hossain QC, Senior Advocates, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners. Bivash C......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..Category: Criminal Law | Date: | Hits: 163
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....April 2, 2007 was scheduled for delivery of formal order. It may not be out of place to mention that upon hearing the learned Counsels, we found no difficulty, for the time being, to proceed with the business of the Court touching the Criminal Procedure Code as usual, in the meantime. 3. On Apri......wyers Involved: Advocate Kh. Mahbub Uddin Ahmed, Dr. Kamal Hussain, Rafiq-ul Huq, Abdul Malek, Mahmudul Islam, Abdul Wadud Bhuiyan, Md. Rawshan Ali, A. Hasib-Amicus Curie. Abdul Matin Khasru-For the petitioners. Salahuddin Ahmed, Additional Attorney General with Abdur Rouf, Deputy Attorn......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......VI ADC (2009) 975. ......ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ..Category: Property Law | Date: | Hits: 106
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....pellant agreed to execute a second agreement of sale and refunded Tk. 1, 20,000/- to the plaintiff-respondent from the earnest money she received. This does not happen in normal and usual course of business. It cannot be believed that the Defendant-appellant while agreeing to execute the se......llant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Not represented-the Respondents. Civil Appeal No. 54 of 1998. ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....reign correspondent. Everything was done for the interest of the branch as well as for the interest of the bank as a whole. The petitioner left no stone unturned to bring the Foreign Exchange business of the branch to a remarkable position. During the period of his service in the Khuln......and others……...............Respondents Judgment May 31, 2009. Lawyers Involved: Quamrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented-the Responden......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..Category: Administrative Law | Date: | Hits: 423
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....office of the Prime Minister to proceed with the case against the writ-respondent Nos.5 and 6 respectively (Annexure-E to the writ petition) stating, inter alia, that the writ petitioner, a reputed businessman and the proprietor of S.A. Paribhan who has business offices in almost every district ......in Ahmad and others.............Respondents (In both cases.) Judgment August 23, 2009. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate and Khondker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advoc......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....ment and order dated 25.10.2005 passed by the High Court Division in Writ Petition No.4183 of 1998 discharging the Rule. 2. The facts leading to the case are that the petitioner in course of his business opened two letters of credit both dated 30.09.1998 for importing Indonesia brand "Grey Port......oner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petition is dismissed. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represe......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....ring any interim or other order in relation to any law to which Article 47 applies. The laws referred to in Article 47 embrace a wide variety of property rights, professional, occupational, trade and business rights, almost all embracing in sweep and depth, Some notices in to be given and some consi......IR 1977 (SC) 1673; Mriganka Prashad Barua Vs. Bangladesh 5 BLC (2000)112; Himayetullay V. Pakistan, PLD 1969 SC 407; Shoib v. Bangladesh 27 DLR 315; Shahbaz v. Crown PLD 1956 FC 46; Alembic Chemical Works Co. v. The Workmen AIR 1961 SC 647. Lawyers Involved: AJ Mohammad Ali, Additional Attorne...... permissible and the plea of basic structure would be available if the ouster clause of Article 117 (2) was introduced in the constitution by way of amendment. Article 117 (2) has been originally incorporated in our constitution conferring the power of judicial review subject of the limitation o......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....a, in his writ petition that he also served in the diplomatic service of Bangladesh but for his personal reason he resigned from diplomatic service in 1982 and coming back to Bangladesh joined both business and politics. He was arrested on 13.8.96 on baseless allegations regarding certain acts o....... Goodwin; Surtees V Ellison; Dosso's case 11 DLR (SC) 1; Halima Khatun 30 DLR (AD) 207; Haji Joynal Abedin 32 DLR (AD) 110; Eheteshamuddin Iqbal 33 DLR (AD) 154. Lawyers Involved: Korban Ali, Advocate, instructed by Azra Ali, Advocate-on-Record - For the Appellant (In both the Ap...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
....gh cause of action arises out of or pertains to contract, brings if within the sphere of public law because the power exercised is apart from contract. The freedom of the Government to enter into business .with anybody it likes is subject to the condition of reasonableness and fair play as wel......Petition No. 01 of 2005)
Judgment
July 19, 2009.
Result:
The petition under Article 104 of the Constitution is rejected. The Contempt Petition No.1 of 2005 is rejected. The appellant is ordered to refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of ...... contract a statutory contract. If entering into a contract containing prescribed terms and conditions is a must under the statute then that contract becomes a statutory contract. If a contract incorporates certain terms and conditions in it which are statutory then the said contract to that ext...... its enforceability have to be determined according to the usual principles of the Contract Act. Every act of a statutory body need not necessarily involve an exercise of statutory power. Statutory bodies, like private parties, have power to contract or deal with property. Such activities may no..
Category: Civil Law | Date: | Hits: 212
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e petitioners from the suit premises on the averments that the petitioners, in the year 1975, entered the suit premises as licenses and they took the signature of Abdul Khaleq in a blank stamp for business purpose and giving Tk.20,000/- to him they also took his signature on a rent receipt assur......e being dead his heirs: M.A. Malek and others……..Respondents (In all cases) Judgment January 13, 2009. Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mr. Aftab Hossain, Advocate-o......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 48
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....when there is difference of opinion of a bench of Judges and in a case where there was no difference of opinion in respect of a particular accused or accuseds the third Judge was left with no business to deal with his case and his opinion. 28. The provisions of sections 374, 37......e Court Appellate Division (Criminal) Present: Md. Tafazzul Islam J Md. Abdul Aziz J B. K. Das J Md. Muzammel Hossain J S. K. Sinha J Major Md. Bazlul Huda (Artillery)……….....Appellant (In Criminal Appeal No. 55 of......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
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