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....e petitioner’s lawyer which was diarised under No. 3506 dated 7-6-99 was concealed, Annexure C. Ultimately the trade mark No. 46773 in class-3 proceeded to registration on 2-12-99 ignoring the time prayer, Annexure E.
5. Immediately on receipt of the registration certificate in respect of the a......Md. Neamat Hossain, Advocate—For the Opposite Party No. 1.
Trade Mark Application No. 1 of 2000.
Judgment
KM Hasan J .-This is an application under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 46773 i...... 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
....haka. The said Court in turn, issued a warrant of conviction against the petitioner. The petitioner has, thence, been languishing in jail for a period in excess of 3 years.
17. To substantiate his prayer, the petitioner contended that the Constitution being the Supreme Law of the land, nothing do...... R -v- Hampden, 1637 3St Tr 825, Jamat-e-Islami –vs- Federation of Pakistan, PLD 2009 SC 549, Pickin-v-British Railway Board, 1974 AC 765, Dr. Bonham’s case, 1610 8 Co Rep 114a, Dred Scott-v- Sandford, 60 US at 93, 405 1857, also 19 Howard 393 1857, Hodges –v-United States 203 US 1 1906, Butts......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)
....he defendants from making any construction, and thereby bringing in any change in the nature and character of the suit premises. Pursuant to the notice, defendant No. 1 alone appeared and opposed the prayer by filing a written objection on 13-8-2000. 5. Same date, the application was heard. Two i......s obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 passed in Title Suit No. 57 of 2000, which rejected the plaint while disposing an application for temporary injunction. 2. The plaintiff on or about 1-3-2000 instituted the suit against defen......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
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... the Bengal Tenancy Act for pre-emption of a transfer by way of Hiba-bil-Ewaz. The deed was nominally valued at Taka 1,000 for the purpose of registration but the consideration for the transfer was a prayer mat, a piece of ‘Tasbi’ and a piece of Holy ‘Quran’. The application was allowed by t......f Civil Procedure, in brief, the Code, against order No. 33 dated 4-5-2000 passed by Senior Assistant Judge at Sadar in Sunamganj in Miscellaneous Case No. 22 of 1998 (pre-emption). 2. Short facts for disposal of the Rule are that opposite parties Nos. 1 and 2 made an application under section 96...... this 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: 54 DLR (2002) 285....... this 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: 54 DLR (2002) 285...Category: Property Law | Date: | Hits: 28
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....y @ Das to conduct and to be examined and to take all steps on behalf of said Ramesh Chandra. The plaintiff-respondent filed an application under Order 9 rule 12 of the Code of Civil Procedure with a prayer to direct the respondent No. 2 to appear in person before the Court. By order dated 24-6-95 t......stituted Title Suit No.14 of 1993 in the Court of the learned Assistant Judge, Narshingdi impleading the opposite party No.2 as defendant No.1 and the present petitioner as defendant No. 2 and prayed for a declaration that the deed of exchange as mentioned in Schedule ‘Kha’ to the plaint is void......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....ow that the pre emptor is a co-sharer to the case jote and the parent jama has not been separated in accordance with law and these findings of fact being well supported by the evidence on record, the prayer for remand deserves no consideration as it would serve no useful purpose. The learned Courts ....... 2. Broad facts leading to the case are that, opposite party No.1 as per-emptor instituted a case in the Court of the Assistant Judge, Saturia being Miscellaneous (Pre-emption) Case No.5 of 1995 for pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act. The case......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....ue of 1/3rd share of the suit property for buying up purposes. 2.Short facts leading to the case are that, the petitioners as plaintiffs instituted a suit for partition of the suit property with a prayer for buying up the share of the stranger purchaser who had purchased the same from their full ......………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to a co-sharer of an undivided homestead or dwelling house against a stra......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....ed Taka 17,39,760.70 from the defendants in their capacity as shareholder directors and further the averments made in the plaint do not disclose any cause of action. The plaintiffs resisted the above prayer by filing written objection and after hearing both the parties the learned Subordinate Judge,...... and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money Suit ......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...Category: Company Law | Date: | Hits: 197
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... under the Penal Code.” 7. Mr. Islam has also argued that the detention was malafide and, as such, the grounds of detention were not supplied to the detenu and the learned Advocate had to make a prayer before the court for allowing them to procure copy of the grounds and to give them an opportu....... Judgment Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the detenu Shahriar Kabir now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ...... 21 of the Indian Constitution made recommendation for immediate reforms with some specific suggestions. 26. In the case of Francis Coralie Vs. Union Territory of Delhi, the question of right of a detenue detained under section 5 of the Conservation of Foreign Exchange, and Prevention of Smugglin..Category: Constitutional Law | Date: | Hits: 195
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
.... serving in the house of the informant for about 1—1 ½ years. Before that he was serving under another Mohazon. The informant Kismat was not his relation. He went to Ballabazar at the time of Asar prayer for purchasing medicine. He did not meet anybody except the-accused persons at the time of hi......ed Additional Sessions Judge, 1st Court, Tangail in Sessions Case No. 102 of 1991 convicting the appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay fine of Taka 5,000 each in default to suffer rigorous imprisonment for 2(two) ye......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
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
.... former suit and in the present suit are directly and substantially the same between the same parties. It is clear that the present suit stands on different facts and footing with a totally different prayer and in such situation it cannot he said that the issues involved in the present Suit have bee......d order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....he petitioner in support of the Rule has submitted that the amendment in question having the effect of changing/ introducing new fact thereby changing nature and character of the case inasmuch as the prayer having been added contrary to Rule 48, amendment was done illegally and, as such, the impugne......erred To- 1981 BLD 298, 38 DLR 435, 41 DLR 379; Md. Mokbul Hossain Vs. Shamsul and others, 14 BLD (AD) 232. Lawyers Involved: Mahbubey Alam, Advocate—For the Petitioner. Abul Kalam Azad for Md. Oziullah, Advocates—For Respondent No. 2. Writ Petition No. 2567 of 1998. Judgment ......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ..Category: Election Law | Date: | Hits: 78
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
.... aside negotiated sale and another by offering 1,12,00,00 to purchase the property outside the court and respondent No. 1 by the impugned order set aside the order dated 18-11-88 and also refused the prayer of the highest bidder offering Taka 1,12,00,000 on the basis of private negotiation with the ......inate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows: The respondent No. 2, the City Bank Limited......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e instance of the defendant-petitioner, is directed against order dated 10-8-2000 passed by the Learned Subordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the op......nce of the defendant-petitioner, is directed against order dated 10-8-2000 passed by the Learned Subordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ..Category: Property Law | Date: | Hits: 28
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....e petitioner filed the aforesaid three execution cases under Order XXI, rule 30 CPC for execution of the decrees passed in the respective Money suits and in Money Execution Case Nos.11 and 12 of 1990 prayer was made for enforcement of the decrees by way of only civil imprisonment of the judgment deb......posite Parties. Civil Revision Nos. 1127-29 of 1993. Judgment Md. Tafazzul Islam J.- In all these Rules more or less similar law points are involved and so these Rules are taken up together for hearing and disposed of by one judgment. 2. In Civil Revision Nos. 1127, 1128 and 1129 of 199......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217...Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... inquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adduce evidence, both oral or documentary, if any, make such decision on the prayer of the applicant as he deems fit. He further submits that under sub-section (1) of section 10......min J. - This Rule was issued calling upon the respondent No. 1 to show cause as to why the order dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should not be declared to have been passed without any lawful, authority and is of no le...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ..Category: Property Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 10-8-89 passed by the Assistant Judge, 4th Court, Dhaka in Title Execution Case No.2 of 1987 rejecting the petitioners prayer for execution of the decree for permanent injunction under Order 21 rule 32(1) of the Code of......dsha @ Siddique and others 45 DLR 483; Manindra Nath Panal Vs. Ahmed and others, 1967 PLD (Dhaka) 621. Lawyers Involved: Garib Newaz, Advocate — For the Petitioner. Kazi Md. Shafiqul Hasan for Shafiq Ahmed, Advocate—For the Opposite Parties. Civil Revision No. 1268 of 1989. Judgme...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
State Vs. Moslem, 2002, 31 CLC (HCD)
....her of the victim, PW 1 as Informant, thereafter, lodged First Information Report with Singair Police Station on 22‑11-1995. Police produced Condemned Prisoner to the court on 22‑11‑1995 with a prayer for remand of five days. Remand was allowed for three days. On interrogation by police Condem......he train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by society, more particularl......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....tiffs instituted the suit. 4. The defendants contested the suit by filing written statements denying the material allegations as made out in the plaint and also filed written objection against the prayer for temporary injunction stating inter alia that grand-father of the defendants purchased the......d 31-5-1990 and 14-6-1990 respectively passed by the Assistant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the suit for permanen......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....including the letter of credit and invoice contained the description of the goods being finishing agent and not DOP. Thus the learned Advocate submits that the customs authority ought to accepted the prayer made under section 138 of Customs Act for re-exportation of the goods according to the desire......nt Mr. Hossain, Proprietor of the National Bag Traders opened a letter of credit No. MYB/PB/ Cash/214/ 2000 dated 6-8-2000 through Mutual Trust Bank Ltd. having its principal branch at 7-8, Motijheel for an amount of US $ 45,936 for import of finishing agent from Korea. The appellant received invoic......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
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