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....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.......y use of the appellant would create confusion in the minds of the public. Their further case is that, the adoption and registration of the impugned mark by the appellant was aimed at accelerating the sale of razor blade for making quick profit. The respondent being the prior adopter and user of the ......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
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
....decree of Taka 1,83,22,601/40 and that suit was ultimately transferred to Artha Rin Adalat No.1, Dhaka and renumbered as Money Suit No.42 of 1994 which was decreed. Thereafter the Decree was put into execution in Money decree Execution case No.44 of 1997. In that execution proceeding opposite party ...... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ...... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ..Category: Civil Law | Date: | Hits: 108
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......ad Ali also filed a suit, claiming that he is the importer of coconut oil seized by the customs from the vessel MV Alba, and he prayed for issuance of an order of temporary injunction against auction sales of the same by the customs till disposal of the suit and the said prayer for temporary injunct......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....d unlawful, certain areas should be reserved for BAPEX/Petrobangla’s exploration, pending comprehensive assessment of the country’s proven and potential reserves. Parliamentary involvement before execution of the PSCs should be made compulsory and refrainment from exportation through pipeline un......ladesh and any property located in Bangladesh that has no rightful owner, rest on the state. 36. Article 144 commands that the executive authority of the Republic shall extend to the acquisition, sale, transfer, mortgage and disposal of any property, the carrying on of any trade or business and ......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)
....er P.W.2 on oath testified that the deed was written before him by the scribe, Amir Bux and executed by the defendant 3. The plaintiff also deposed in the same line on the writing of the deed and its execution. 25. Sections 67 and 68 of the Evidence Act provide for proof of signature, handwriting......ank with 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 ......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.......ving 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 b......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
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......d at the time of hearing before the Court of Settlement that the case property is under possession of the Government through its allottees since 1972. The respondent has offered the case property for sale to their allottee. The original owner of the case property was a non local and hill whereabouts......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...Category: Property Law | Date: | Hits: 90
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. ......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)
....aining said Sharijan 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 leavi......bordinate Judge at Kushtia in Title Suit No. 33 of 1985 in decreeing the suit in its entirety. 2. Opposite Party No. 1 as plaintiff instituted the suit for specific performance of an agreement for sale of land measuring about 0.2631 acre. The plaint case, in short, is that land measuring 41 shata......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
....il petition being No.113 of 1998 made before the Appellate Division therefrom was also dismissed on 3-12-98. The opposite parties again moved an application for stay of the further proceedings of the execution before the executing Court till disposal of their Other Class Suit No.78 of 1987. Hearing ...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......ant for the purpose of the case are that the opposite party as plaintiff instituted a suit in the 3rd Court of Subordinate Judge. Dhaka being Money Suit No.186 of 1978, praying for realisation of the sale proceeds of sales and compensation amounting to Taka 35,31,922 against the petitioner and other......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... that the disqualification would operate when the conviction and sentence became final either on appeal or on the expiration of the period of limitation prescribed for appeal with the result that the execution of the sentence became inevitable. Their Lordships in that case even did not accept the co...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......ction in any criminal case and the expression “On conviction for a criminal offence involving moral turpitude” and “sentence for imprisonment for a term not less than two years”, should and indeed mean the conviction and sentence given by the trial Court and to hold otherwise would frustrate..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......e Act, as co-sharers in the above t of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite party No. 3 and 4 in favour of the petitioner by a deed of sale executed on 4-5-98 and registered on 5-5-98 The petitioner opposed the application by filing a ......iefly the Act, as co-sharers in the above t of Senior Assistant Judge for preemption of the land measuring about 55 decimals transferred by opposite party No. 3 and 4 in favour of the petitioner by a deed of sale executed on 4-5-98 and registered on 5-5-98 The petitioner opposed the application by f..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ....... 5. None was named in the FIR as none of assailants could be identified. But Taju Master and Nazim were named as suspects in the FIR for the disputes they had with the deceased over contracts for sale of land with them. In all 18 witnesses were examined by the prosecution. Of them, P.W. 1 to ......nd Ali P.W. 4 and when she was proceeding towards the said outhouse, 4/5 unknown persons caught hold of her and tied her eyes and mouth with her saree and dragged her into her hut and asked about the deeds and documents. The miscreants then took out the deeds of the land from a trunk and went out..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....n the basis of solenama filed in the Court on 3 1-10- 1996 between the plaintiff and the heirs of Md. Jalaluddin, Pursuant thereto the decree was drawn up on 20-2-1997. Petitioner put the decree into execution in title execution case No.31 of 1997 and got the sale deed registered through Court and g......rises out of the following facts: Petitioner instituted title Suit No.180 of 1986 in the 1st Court of Subordinate Judge, Dhaka against late Md. Jalaluddin for Specific Performance of Contract for sale of schedule ‘Ka’ property. During pendency of the suit said Md. Jalaluddin died and his hei......n the plaintiff and the heirs of Md. Jalaluddin, Pursuant thereto the decree was drawn up on 20-2-1997. Petitioner put the decree into execution in title execution case No.31 of 1997 and got the sale deed registered through Court and got possession of schedule ‘Ka’ land along with schedule ‘Kh..Category: Property Law | Date: | Hits: 82
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
.... below on the ground that they committed an error of law resulting in an error in the decision occasioning failure of justice in disbelieving the claim of the defendant-petitioner regarding denial of execution of any agreement whatsoever for the sale of the suit property and receipt of the considera......have been executed by Mr. Abdur Razzaque Mollah (petitioner) claiming the disputed land and building to have been sold by Mr. Abdur Razzaque Mollah to the contractor by way of a deed of agreement for sale i.e. Bainapatra and with the ulterior motive the contractor subsequently instituted a suit bein......ged papers alleged to have been executed by Mr. Abdur Razzaque Mollah (petitioner) claiming the disputed land and building to have been sold by Mr. Abdur Razzaque Mollah to the contractor by way of a deed of agreement for sale i.e. Bainapatra and with the ulterior motive the contractor subsequently ..Category: Civil Law | Date: | Hits: 71
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......a decree that defendants are legally bound to execute necessary documents relating to the suit property in favour of plaintiff after accepting the price fixed by Government and also for a decree that sale of suit property by auction or otherwise to any outsider other than plaintiff is illegal and al......, committed a patent illegality in finding that the possession of plaintiff over the suit property was not proved. Plaintiff did not claim any title over the suit property rather he claimed to have a deed of sale executed and registered by Government in his favour. The finding of learned trial judge..Category: Property Law | Date: | Hits: 83
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519....... No.MC (AP) 7(17)/Fin/82/313 dated 23-12-1997, should not be declared to be declared to be void and without lawful authority and of no legal effect and why they should not be directed to complete the sale transaction in respect of the commercial premises at 25, Bangladesh Avenue, Ramna, Dhaka, on re......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
....e rate of Taka 2.75 lac and also to deposit Taka 33 lac as advance and he having been found as the highest bidder matter is under process for finalisation and approval of the authorities and step for execution of lease would be taken after approval.
5. It appears from the copy of the recommendati...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
..
Category: Property Law | Date: | Hits: 102
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......ly belonged to Sonanuddin and Asanuddin. Masudjan had no tide and interest in the suit property but 0.3333 acre of land was wrongly recorded in the name of Masudjan and, as such, he executed a Nadabi deed in favour of Sonamuddin and Asanuddin. Subsequently 0.9 acre of land from khatian No.9 was sett..Category: Property Law | Date: | Hits: 102
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