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Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)

....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......t was written “Janata Bank, Laldighi East, Chittagong" and against the heading "Name of the partners (if any)" the names of the plaintiffs were mentioned. Similarly in the column "On Merchandise of Stock-in-Trade" the particulars of goods belonging to the plaintiffs were mentioned. In the heading ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..

Category: Business or Commercial Law | Date: | Hits: 212

Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)

....otaleb & others..................Appellants Vs. Aftab Miah and another.................Respondent Judgment August 21, 2002. Cases Referred To- Crescent Pakistan Soap vs. Deputy Registrar of Trade Marks, 17 DLR (SC) 163; Sanatannessa Bewa vs. Haipatullah Sarker and others, 1989...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...

Category: Intellectual Property Law | Date: | Hits: 181

State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)

....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...

Category: Criminal Law | Date: | Hits: 31

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ace of this judgment. Mr. Salam has also annexed the resolution of the Board of Directors dated 30­12‑2002 and the particulars of the Directors of the Company as on 30‑12‑2002 filed before the Registrar of the Joint Stock Companies under Form XII and the resignation of Mr. Abu Sayed Mahmud as......e there was no board meeting to the knowledge of the local directors where he could have been elected chairman. This respondent as chairman of ETV Ltd filed Title Suit No. 143 of 2003 in the Court of Joint District Judge, 4th Court, Dhaka when he came to, know that Mr. Abdus Salam was claiming himse......r. Salam has also annexed the resolution of the Board of Directors dated 30­12‑2002 and the particulars of the Directors of the Company as on 30‑12‑2002 filed before the Registrar of the Joint Stock Companies under Form XII and the resignation of Mr. Abu Sayed Mahmud as the Chairman of the Co......ders passed as to this court may seem fit and proper. 3. In this petition it has been stated, inter alia, that Ekushey Television Ltd. shortly, ETV Ltd., was incorporated on 1‑7‑1998 under the Companies Act, 1994, and is a private limited company limited by shares. The petitioner is represent..

Category: Information Technology Law | Date: | Hits: 230

Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)

.... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ......Act and submitted that the petitioner was entitled to file objection within a period of [90+30=] 120 days and the petitioner filed his objection on 24‑9‑2001 well within the time, but the learned Joint District Judge most illegally found the objection barred by limitation. 9. Secondly, he sub...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)

....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ...... Md. Abdur Rashid J.- This Rule was obtained by the defendants upon making a revision application under section 115 of the Code of Civil Procedure against order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No. 26 of 2001, which allowed a p......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..

Category: Property Law | Date: | Hits: 26

Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)

....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......tor and the Secretary respectively of the said Bank. It appears that on 18-­1‑2000 one Jahangir Alam Khan, a shareholder and a Director of the Bank, filed an application under section 81(2) of the Companies Act, 1994 for holding of Annual General Meeting (hereinafter called "the AGM") for the yea..

Category: Banking Law | Date: | Hits: 158

Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)

....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......ties dismissed the suit by judgment and decree dated 18.02.1987. 5. The plaintiff preferred Title Appeal Mo.94 of 1987 before the learned District Judge, Sylhet. The learned Subordinate Judge (now Joint District Judge), 1st Court, Sylhet by the judgment and order dated 22.03.1988 allowed the appe......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...

Category: Employment/Service Law | Date: | Hits: 95

Mirpur Mazar Co-operative Market Society Ltd. Vs. Ministry of Works, Government of People’s Republic of Bangladesh and others, 1999, 28 CLC (HCD)

....al Tower (private) Ltd filed application on 24-4-92, Exhibit X(1), to the Ministry of Works for allotment of the suit land whereas the defendant company was registered on 4-7-92 (Exhibit 10) with the Registrar of Joint Stock Companies, (ii) in the certified copy of the memorandum of association of t....... 6 is void and for injunction restraining the defendants No.1 to 5(ka) from changing the nature and character of the suit land as car park. 3. Defendant Nos.1 and 2 are respectively Secretary and Joint Secretary (Development) of the Ministry of Works, defendant Nos.3, 4 and 5 (ka) are respective......Ltd filed application on 24-4-92, Exhibit X(1), to the Ministry of Works for allotment of the suit land whereas the defendant company was registered on 4-7-92 (Exhibit 10) with the Registrar of Joint Stock Companies, (ii) in the certified copy of the memorandum of association of the defendant compan......led application on 24-4-92, Exhibit X(1), to the Ministry of Works for allotment of the suit land whereas the defendant company was registered on 4-7-92 (Exhibit 10) with the Registrar of Joint Stock Companies, (ii) in the certified copy of the memorandum of association of the defendant company (Exh..

Category: Property Law | Date: | Hits: 72

Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)

....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..

Category: Property Law | Date: | Hits: 29

Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)

....lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..

Category: Property Law | Date: | Hits: 26

Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)

.... only when a company fails to call or direct the calling of a general meeting on an application of any member of the company. Whereas section 43 lays down, that in case of default in filing with the Registrar the return of allotment of shares, the person aggrieved, or any member of the company may ......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......cts and law points involved in both the cases are similar. In Matter No. 78 of 2001 an application is made for direction upon the respondents for compliance of section 95 read with section 233 of the Companies Act, 1994 and to allow the petitioners to attend the meetings of the Board of Directors of..

Category: Company Law | Date: | Hits: 208

Solaiman Ali (Md.) trading as Aarman Soap Factory Vs. Md. Abul Hussain, trading as Munni Soap Dhaka and another, 2001, 30 CLC (HCD)

....id trade mark “Pragga” and, as such, it has acquired a monopoly right over the said trade mark. To protect the said right it filed an application for registration of the same on 8-5-96 before the Registrar of Trade Marks, Dhaka claiming itself the user of the mark since 1987. The learned Registr...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 294. ...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 294. ...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 294. ..

Category: Intellectual Property Law | Date: | Hits: 167

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ......e the provisions of the fundamental law. Thus the Parliament under the Indian Constitution can not be said to be a sovereign legislature in the dicean sense.” 148. During the Proceeding of a ‘Joint Colloquium of Commonwealth Lawyers Association on Parliamentary Supremacy and Judicial Indepen......he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ......he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ..

Category: Constitutional Law | Date: | Hits: 482

Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)

....the Co-operative Societies Ordinance, 1984 since, according to him, the cause of action for recovery of possession is a dispute within the meaning of section 86 of the Ordinance to be referred to the Registrar. 8. We shall see whether the learned Subordinate Judge acted within his jurisdiction an......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...

Category: Property Law | Date: | Hits: 31

Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)

....……………………………Respondents Judgment January 28, 2002. Cases Referred To- Mahabubur Rahman vs. Election Tribunal 6 MLR (AD)197 = 6 BLC (AD) 45; Abdus Rab Mia vs. District Registrar and others 4 BLC (AD) 8. Lawyers Involved: MI Farooqui, Advocate — For the Petitio......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280....... holding the office of Member of Parliament without any lawful authority because he was a defaulter within meaning of article 12 of the Representation of the People Order, 1972 and provisions of Bank Companies Act, 1991 as amended in 1997. 3. Mr. Farooqui, at the very outset, has submitted that t..

Category: Election Law | Date: | Hits: 88

Nisha Rani Devi Vs. National Board of Revenue, Peoples Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ......-77 became refundable to her. Accordingly, she filed an application under section 27 of the Act claiming refund of Taka 5, 99,112.00 deposited earlier as advance sales tax, pursuant to which the DCT, Joint Commissioner and Commissioner of Taxes recommended her claim for refund. Respondent No.1, i.e.......and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ......and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ..

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

Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)

....n the Trade Marks Registry with the help of the officials of the Trade Marks Registry (Annexure C-1) and had it registered on 27-5-98. 7. The petitioners case is that the opposite party No. 2, the Registrar, Trade Marks Registry, has registered the above trade marks in violation of the statutory ......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...

Category: Intellectual Property Law | Date: | Hits: 200

Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)

....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......he plaintiffs by letter dated 8-10-1993 requested the Group-B shareholders to surrender their shares or wind up the companies but with no reply. Thereafter, extraordinary general meetings of both the Companies were held on 11-11-1993 wherein resolutions were passed for operation of the Bank Account ..

Category: Company Law | Date: | Hits: 197

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..

Category: Criminal Law | Date: | Hits: 42