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Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
.....03 of 2001 arising out of Trade Mark Application No.1 of 2001 holding the appellant guilty of the Contempt of Court and sentencing him to pay a fine of Taka 2,000 in default, to suffer simple imprisonment for 15 (fifteen) days. 2. The respondent No.1 Elders Limited filed Trade Mark Application......9 in Class-29 with effect from 12-7-1989 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-1996. That KAS Dairies Ltd (hereinafter called "the company") also obtained registration of the similar mark from the Trade Mark registry be......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge, Druta Bichar Tribunal, Rajshahi for confirmation of sentence of death imposed upon accused Ashraf Ali son of late Abesh Ali, Ataur Rahman son of late Idris Ali @ Idi Fakir, Ashraf alias Raja son of late......e was on “বিট ডিউটি” and they saw the focus of a torch light from ‘Halatir Bill’ and they thought that the dacoits were preparing to commit dacoit in the village and they called the village people and forwarded to wards the light of torch. Suddenly, they saw that one per...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....g Court, Comilla on 11.10.92 in Special Tribunal Case No.109 of 1991 convicting the accused appellants under section 25B(2) of the Special Powers Act, 1974 and sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5,000.00 each, in default to suffer n0rois imprisonme......P.W.13 went away with his force along with the accused persons and the seized articles. 22. In cross‑examination he stated that before entering 'Lutfa House' none of the respectable persons were called and did not search the bodies of the search party. He also stated that the seizure list could......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
Category: Trust/Waqf Law | Date: | Hits: 183
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....li J. - This criminal appeal, by leave, is directed against the judgment and order dated 30.01.2008 passed by the High Court Division in Criminal Miscellaneous Case No. 4296 of 2006 making the Rule absolute arising out of G.R. Case No. 393 of 2005 corresponding to Kotwali Police Station Case No.16 (......ropolitan Magistrate, Chittagong. 2. Facts of the case, in brief, are as follows: On 11.08.2004 at 3.40 p.m. the District Task Force upon receiving secret information raided the Jewellery Shop called “Nath Jewellers” owned by Sree Ram Krisna Nath (Ram Babu) at Khatunganj Boxirhat, Chittag......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 83
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....has filed this instant civil petition for leave to appeal before this Division. 8. Mr. Syed Amirul Islam, learned Senior Advocate, appearing on behalf of the petitioner, submits that the 3rd proviso to sub-section 2 of section 4 of the Administration Tribunal Act provides that the application sh......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......04.1947 and the same should be recorded instead of 04.08.1952 in his Memo No. St/604/31 dated 24.06.2002. After about 30 years the audit objection is not legal and proper and the petitioner sustained loss and injury because of the objection of the Audit Department. 4. The respondents filed writte..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....an Ali J. - This appeal, by leave, is directed against the judgment and order dated 24.06.2003 passed by a Division Bench of the High Court Division in Writ Petition No.2146 of 2003 making the Rule absolute. 2. Mr. A. K. M. Harun-or-Rashid (respondent No.1 herein) filed the Writ Petition No.2146 ......rded in the school register as 30.11.1942; that the matriculation certificate issued by the Board in the year 1964 and the date of birth contained therein is the basis of his date of birth and the so-called affidavit was forged, fraudulent and ante-dated and the same was never acted upon. It was fur...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
Category: Property Law | Date: | Hits: 79
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
.... Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal is dismissed. Lawyers Involved: Ms. Ok-Kyung Oh, in person-For the Appellant. M. Amir-ul Islam, Senior Advocate with Ms. Tania Amir, Advocate instructed......edure as exercised by him by the impugned notice and, therefore, no illegality has been committed by the High Court Division in passing the impugned judgment and order and as such, no interference is called for with the same by this Court and the appeal be dismissed. 9. In view of the points on ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....d the Appellate Division Judgment Here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.............nship (Temporary Provisions) Order 1972 (PO 149 of 1972) was made by the President and published in the Official Gazette on the 15th December, 1972 which is as follows: “1. (1) This Order may be called the Bangladesh Citizenship (Temporary provisions) Order, 1972. (2) It shall come into forc....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....abati Kumari, 1964 AIR (SC) 61; 1960 PLD (Dhaka) 1022; 1964 PLD (Dhaka) 661; Prag Dutt Vs. Kedar Nath and others, 1945 AIR Oudh 81; Gundila Manjappa Shetty Vs. Manjakke Shedthi and others, 1961 AIR Mysore 268; Toon Lal Vs. Soonoo Lal, 1938 AIR Pat 522; Nari Chinnabba Chetty Vs. E Chengalroya Chetty ......uty Commissioner, Shariatpur and others reported in 44 DLR 545 that the judgment debtor having wilfully failed to obey the decree, action under Order XXI rule 32(1) of Code of the Civil Procedure was called for in case of violation of permanent injunction. 21. In view of the above discussions we ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....he law-enforcing agencies submitted a report to the Tribunal to the effect the warrant of arrest issued against the petitioner could not be executed as he was detained in custody in connection with some other criminal cases. Accordingly by an order dated 29-7-2010, the Tribunal directed the police...... of Criminal Procedure to any proceeding before the Tribunal as per section 23 of the Act of 1973, we do not find any earthly reason to hold that the inherent powers of the High Court Division can be called in aid to quash the proceedings of the case, if any, pending before the Tribunal. 30. Sect......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ers Vs. Bangladesh………………………….......................................Respondents Judgment October 26, 2010. Cases Referred To- Supreme Court Advocates-on-Record Association Vs. Union of India with SP Gupta Vs. Union of India, AIR 1994 Supreme Court 268; Malik A......ard the name of the nominee confirmed by it or deemed to have been confirmed to the President for appointment. (14) No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
.... in the disputed property and therefore, the petitioners were under no obligation to mutate their names in the record-of-rights. 3. The High Court Division by the impugned Judgment made the Rule absolute directing the petitioners to "mutate the names of the petitioners (writ-petitioners) in respe......h Court Division should refuse to grant relief to the aggrieved person. Where the alternative remedy could not be equally efficacious the exercise of discretionary power by the High Court Division is called for. The writ petitioners failed to make out any case that the alternative remedy available t......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....shable under sections 302/34 of the Penal Code by his judgment and order dated 12.11.90, passed in Sessions Case No. 48 of 1989. By the same judgment and order the learned Additional Sessions Judge also convicted six other accused persons, namely Md. Ansar Ali, Dalil, Md. Kawsar, Md. Tawlad alias Aw......his judgment would govern them all. 3. The case of the prosecution, in brief, is that on Thursday the 18th Kartic, 1394 BS, corresponding to 5.11.87, at about 8‑00 PM, deceased Khasru Miah was called away from his house and taken to Nabiganj Mela by the absconding accused Sanwar Hossain and a...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....hat BCIC establishes confirmed and irrevocable letters of credit for supply of prilled/granular Urea in Bag in favour of HELM for the full CFR Chittagong value. Common Clause 24.00 of the contracts also provide foe amicable resolution of any disagreement or dispute by direct informal negotiation and......ally been stayed for a period of three months by this Court's Order dated 9-6-2008 and further supplemented by this Court's above-referred Order dated 28-8-2008, both these Orders of stay now stand recalled and vacated. It is also deemed necessary to further direct BCIC to ensure the return of the P......the failure as a breach thereof. Such breach of the contracts by the supplier would automatically entail the unconditional of the Performance Guarantees, irrespective of whether the buyer suffers any loss or not Mr. Samad submitted further that the Courts are in general rather reluctant to interfere..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
..... Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No. 1340 of 1999 making the Rule absolute and setting aside the judgment and decree dated 31.01.1999 passed by the learned Additional......ts could not prove their document by bringing the volume in respect of the said deed. It appears that in pursuance of an application for calling the volume from the sub-registry office the volume was called for and the High Court Division examined the same and found that the deed No.3605 dated 16.11......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....ted 07.08.1956. According to the partition deed, Ashi Md. Sheikh alias Asiruddin got 10 decimals of land of plot No.8066 and 22 decimals of land of plot No. 8067, in total, 32 decimals of land and he sold the said 32 decimals of land to Md. Jahedul Hoq and Md. Mazedul Hoq by two registered deeds. ......dings of the Court of appeal below. The findings arrived at and the decision made by the High Court Division are based on proper appreciation of the materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....a Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different persons on two different dates and if the deed which was executed subsequently was registered earlier......e not unmindful that this Court is loath to interfere with the findings of fact arrived at by the High Court Division, but where the High Court Division failed to interfere when such interference was called for, or where on the evidence on the record no Court could, as a matter of legitimate infer......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76