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Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....er of the plaintiff on the basis of an agreement of June 15, 1955 at a rental of TK.80/- per month and he established a proprietary Engineering Workshop-Ambia Engineering Work Shop and carried on his business. After expiry of the initial lease term another lease agreement dated June 10, 1957 was ent......d To- 40 DLR (AD) 1; 1984 BLD (AD) 298; 33 DLR (AD) 55; 41 DLR (AD) 89; 31 DLR (AD) 183; 43 DLR (AD), 225; (2000) 5 MLR (AD), 295 PLD 2000 (SC) 829. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record- For the Appellant A.K.M. Abdul Hak......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ..

Category: Tenancy Law | Date: | Hits: 169

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....ri family, namely, Bashir Ahmed Ansari, Mokter Ahmed Ansari and Peshkar Ahmed Ansari, the three bothers, migrated to the then Pakistan. Late Bashir Ahmed Ansari, father of Ali Akbar Ansari started business in Karachi and  the other  two brothers Mokter Ahmed Ansari and Peshkar Ansari ......llate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represent the Secretary, Ministry of Works and others…………....Appellants Vs. Ali Akber Ansari&hel......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ..

Category: Property Law | Date: | Hits: 46

A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

....f the writ petition No. 8254 of 2007. 4. The facts of the case of the petitioner are as under:- 5. The petitioner is a law abiding and peace loving citizen of Bangladesh, and Income Tax Payee businessman, industrialist and earner of huge foreign currency for the country. He is a highly quali......ented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents Judgment August 20, 2008. Result: The petition for leave to appeal is dismissed. Cases Referred to- Mozammel Hoque Vs. The State and another......uge foreign currency for the country. He is a highly qualified man and he was the former Member of parliament from Comilla-9 constituency and he is the founder of Lotus Kamal group one of the largest corporate business houses of the country. He was also elected as CIP five times from 1990 to 2001. ......of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ..

Category: Civil Law | Date: | Hits: 125

Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)

.... in Class-30 to be varied by way of deletion or omission of the words "NABICO/ ‡bwe‡Kv" both in English and Bangla. 2. The facts, in short, are that the respondent No.1 has been engaged in the business of manufacturing and marketing of biscuits of various types of best possible quality for th......(Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Baby Food Products Ltd……………………………. Petitioner Vs. Nabisco Biscuit and Bread Factory and another…………. Respondent Judgment June 9, 2008. Lawyers Involved: Ismai......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ..

Category: Intellectual Property Law | Date: | Hits: 231

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

.... short, are that the petitio­ner "The Oriental Bank Ltd.’' (previously Al-Baraka Bank, Bangladesh Limited) is a Bank­ing Company incorporated in Bangladesh and carries on baking business, among other places, at the aforesaid address. 3. The respondent No. 2 is the owner ......sion (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J     Md. Joynul Abedin J  Md. Abdul Matin J Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd..........Petitioner Vs. A B Siddiq (Ludu).............rantor respondent No.1. 2. The facts, in short, are that the petitio­ner "The Oriental Bank Ltd.’' (previously Al-Baraka Bank, Bangladesh Limited) is a Bank­ing Company incorporated in Bangladesh and carries on baking business, among other places, at the aforesaid addre...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..

Category: Business or Commercial Law | Date: | Hits: 122

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....hereof got possession of the suit land through Court and since then he has been in exclusive possession of the suit land. The plaintiff constructed a cinema hall on the suit land but as the cinema business was found not profit­able, the plaintiff decided to construct a market on the suit lan...... Abul Hashem 47 DLR (AD) 6; Abdul Barek Mia vs. ABM Serajul Islam 20 DLR 501; Abdul Jalil Munshi vs. Abu Bakr Siddique 35 DLR (AD) 42. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Abu Siddique, Advocate-on-Record— For the Respondent. ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..

Category: Property Law | Date: | Hits: 25

Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)

....3 square feet has been leased out by the plaintiff No.1 in favour of the plaintiff Nos.2-10 as per Rules of the Zilla Parishad and the plaintiffs Nos.2-10 are in exclusive possession by carrying on business upon constructing tin shed shops on the suit land but the defendants were threatening the ......l Abedin J Secretary, Zilla Parishad & Ors……………………………..Petitioners Vs. Md. Ali Ashraf Khan & ors………………………………&......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ...... 15.10.1953 and 21.07.1955 showing requisition by the Government whether at all maintainable is required to be settled once for all to stop multiplicity of proceedings being handed by the different bodies of the Government at the cost of public money and also causing unnecessary harassment to th..

Category: Property Law | Date: | Hits: 26

Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......ents Judgment August 3, 2006. Case Referred To- Rupali Bank Ltd. vs. Md. Arab Ali 7 BLC (AD) 1. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave t......il Revision No. 2499 of 2003 and after hearing the High Court Division made the Rule absolute holding that on 6.4.1984 the defendant bank was denationalized and was converted into a private bank incorporated under the Companies Act 1913 and as such from, that date the relationship between the de......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ..

Category: Employment/Service Law | Date: | Hits: 84

N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)

.... There is no hard and fast principle spelt out by the Government that any specific number of companies among which, the appellant were, would be accorded permission to have registration for doing the business of insurance and as such the argument that some other companies being given the permission ......orted in: V ADC (2008) 588. ......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..

Category: Business or Commercial Law | Date: | Hits: 81

Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)

....dent No.1 not to proceed with the said appeal other than allowing the same. 2. Facts in the background whereof the writ petition was filed, in short, are that the writ petitioner carries on business of manufacturing various kinds of 'chips', 'chanashur' and 'lachha semai' and for the purp...... and VAT and another....Respondents Judgment         August 9, 2007.     Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. A.K.M. Shahidul Hug, Advocate-on-record-For the Petitioner. M......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)

....firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ............................Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. ......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ..

Category: Property Law | Date: | Hits: 27

Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)

....t filed a petition of complaint under section 138 of the Nego­tiable Instruments Act, 1881 against the respondent No.1 stating, inter alia, that the complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Taka 60,00,000 (sixty ...... question of fact which cannot be decided in a proceeding under section 561A of the Code of Criminal Procedure in view of the decision of the Appellate Division in Abdul Quader Chowdhury vs. State reported in 28 DLR (AD) 38 that where assessment of evidence is involved the case cannot be quashed…â......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ..

Category: Criminal Law | Date: | Hits: 67

Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)

....de Mark Application No. 9 of 2002 before the High Court Division under section 46 Of the Trade Marks Act, 1940 stating, inter alia, that the petitioner Bonlac Foods Limited has been engaged in the business of manufacturing and mar­keting of dairy products including powdered milk, butter, che......User Agreement with the Respondents and having full knowledge of the ownership of trademark of the respondents, committed fraud upon the Registrar of Trademarks in obtaining the registration. Therefore, the High Court Division rightly cancelled the registration in exercise of its power under sec......ture agreement was executed between Unilac Australia Limited and Messrs Sanowara Corporation for incorporation of appellant for repackaging milk powder and other dairy products. The appellant was incorporated on 21-6-1990 and set up a most modern industry in the year 1990 and got the trade mark r......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..

Category: Intellectual Property Law | Date: | Hits: 245

Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)

....tered kabala dated 3-11-1984 and delivered possession thereof and since then the plaintiff has been possessing the shop house and land by way of aforesaid pur­chase and he is running Rice Mill business there. That previous to the said purchase the plaintiff was monthly bharatia under defendan...... Tara Mia and another.............Appellants Vs. Babru Mia and others..........Respondents Judgment March 12, 2007. Lawyers Involved: T. M. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Mahbu......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ..

Category: Property Law | Date: | Hits: 26

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

....2nd 3rd and 4th floors and the shops and offices were in the ground floor and 1st floor. The name of the Hotel was Hotel flora; Azizul Islam, husband of Monowara Islam used to look-after the Hotel business on her behalf. Other floors and rooms were rented to different per­sons. When her husb......rs........Respondents Judgment August 6, 2007.      Lawyers Involved: Syed Amirul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Criminal Review Petition ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..

Category: Criminal Law | Date: | Hits: 32

Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)

....t they acquired no right, title and interest in the suit land by dint of wrong recording and the plaintiffs have no possession. That the defendant is in possession of the suit land and continuing his business and as such, the suit is liable to be dismissed. 4. Mr. Mohammad Nawab Ali, learned Advo......dul Khaleque...............Petitioner Vs. Shamsuddin and others..........Respondents Judgment April 23, 2007. Result: The petition is dismissed. Unless there is gross misreading or non consideration of material evidence on record or miscon­struction of any document or that fin......f the above, we find so sub­stance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......f the above, we find so sub­stance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ..

Category: Property Law | Date: | Hits: 21

RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)

....espondent No. 1 is a private limited company incorporated under the Companies Act, 1994 with its objects, inter alia, to construct commercial and residential buildings, engaging in the real estate business and that the company finalised the infra­structure of a project for developing a shopp...... Judgment           January 16, 2007. Lawyers Involved: Sigma Huda, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Rafiqul-ul-Haque, Senior Advocate (Moudud Ahmed, Senior Advo...... A to the writ petition) and for directing the writ respondents to give sanction to the proposed plan of their project stating, inter alia, that the respondent No. 1 is a private limited company incorporated under the Companies Act, 1994 with its objects, inter alia, to construct commercial and ......We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ..

Category: Property Law | Date: | Hits: 27

Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)

.... was taking all necessary steps in the above revision and the petitioners would be duly informed when the above revision will come up for hearing but however, the petitioner No. 6, who went to his business place at Fenchugonj Bazar on 21-5-2004, came to know from his employee Rafique Mia that th......was and others, 4 BLC (AD) 5; Hasan Azam and others Vs. Rabeya Khatun and others, 2002 BLD (AD) 136. Lawyers Involved: JN Deb, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record - For Respondent No.1. ......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..

Category: Trust/Waqf Law | Date: | Hits: 199

Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)

....e same as confirmed or varied. Rules 16, 17 and 18 provide for examination of parties or their witnesses. Rule 18(2) provides that if the parties do not appear the Commissioner may proceed in their business. The entire law is thus codified and there is no scope for introducing any new rule of pr......p;………………………………………………..Appellants Vs. Sultan @ Sultan & ors.………………………………......ndolent respondent cannot claim any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. ......ndolent respondent cannot claim any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. ..

Category: Property Law | Date: | Hits: 23

Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)

..... 2 thereafter filed notice of opposition to the application for Registration of the said Marks in Class 25 being opposition Case No.1824 of 2001 contending, inter alia, that since inception of their business they (opponent the respondent No.2) adopted the word "CANNON" and the "LOGO" being the fir......Commercial Area, Police Station-Motijheel, District-Dhaka and another ........................... Respondents. Result: The petition is dismissed. Lawyers Involved: Sayed Amirul Islam, Senior Advocate instructed by A.K.M. Shahidul Haq, Advocate on Record-For the Petitioner. Not repres......High court Division committed no illegality in dis­missing the appeal. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ......High court Division committed no illegality in dis­missing the appeal. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ..

Category: Intellectual Property Law | Date: | Hits: 196