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....hamsud Doulah, Advocate - For the Respondents.
Trademark Application No.1 of 2011.
Judgment
AFM Abdur Rahman J. - This application, under section 42 of the Trade mark Act 2009, praying for rectification of the Register of Trade marks by removing the registered Trade mark No.31112 in c......k of the petitioner i.e. "Bangladesh Special Khati Gawa Ghee" with the same label of cow, colour scheme and other details, thus they are bound to cause confusion in the minds of the public even after amendment is allowed to "New Baghabari Khati Gawa Ghee" by the registrar, Trade marks. The main emph......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
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Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....tana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No.484 of 2009. (From the judgment and order dated 13.01.2009 passed by the...... a construction which renders every word operative rather than one which may make some words idle or nugatory. It was never the intention of the legislature to incorporate a redundant proviso by amendment when the 3rd proviso was in existence. According to the 3rd proviso if an appeal or applic......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....ssed by the learned Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......Dhaka, seeking a decree for declaration that the judgment and decree on compromise passed in Title Suit No. 168 of 1991 dated 3-5-95 is illegal, void and fraudulent which is not binding upon the plaintiffs. 4. The suit was instituted by two ladies who are the daughters of late Abul Hasnat ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....rt of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceeding 5 years with prior approval of the Administrator. The words and figure &......provided to an under-tenant in Chapter IV would be applicable to the defendant if section 26A had not been inserted in the Act of 1949 in 1967 but the scenario has totally been changed after the amendment. 32. Section 23 of the Act provides the manner of transfer of non-agricultural l......inistrator. An opinion on the point requires consideration of the facts which are succinctly narrated below: Appellant is a mutawali of a Waqf Estate who instituted Title Suit No.26 of 1992 (the plaintiff) against the respondent Nos.1-3 seeking nullity of lease deed dated 18th May, 1965 ex..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....bsp; Mahmudul Islam, Senior Advocate instructed by Syed Mahbuar Rahman, Advocate-on-Record—For Respondent No.1. None represented—For Respondent Nos.2-10. Civil Petition for Leave to Appeal No. 530 of 2011. (From the judgment and order dated the 8th day of June, 20...... Judge did not rely on the power of attorney, exhibit-‘ঙ’ on the ground that the same was typed on four stamps of taka five having a seal of Gulshan Sub-Registrar's Office and moreso, after the amendment brought in the Registration Act, 2004, the power of attorney and the agreement for sale ...... 5 against the judgment and decree dated the 8th day of June, 2010 passed by a Division Bench of the High Court Division in First Appeal No.328 of 2007 dismissing the same. 2. Respondent No.1 as plaintiff filed Title Suit No.37 of 2006 in the Court of Joint District Judge, 3rd Court, Dhaka for ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....or modify or annul the decision or order appealed against, but the Tribunal neither confirmed nor modified or annulled the decision or order appealed against. The Tribunal simply dismissed the appeal for default. The order of the Tribunal is a non-speaking one. Chapter xxvi of the Code of Crimi......l may, at any time within four years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make such amendments if the mistake is brought to its notice by the Commissioner of Customs or the other party......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....etitioner. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Giasuddin Ahmed, Advocate-on-Record—For Respondent No.1. Respondent No.2—Not represented. Civil Petition for Leave to Appeal No.1569 of 2011. (From the judgment and decree dated 24.02.2011 passed by t......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......002 dismissing the appeal and affirming the judgment and decree dated 04.03.2002 passed by the Joint District Judge, 1st Court, Chittagong in Other Suit No.136 of 2000 decreeing the suit. 2. The plaintiff-respondent filed the above mentioned Other Suit No.136 of 2000 against this defendant-peti..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....reement is a Necessary or Proper Party in the Proceedings- After appreciating the provisions of section 7A and 21 of the Arbitration Act, 2001, it is manifest that the application for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come wit......of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......ন্তে আসি।” 11. To decide the matter as to the question of necessary party or proper party, we are of the view that the arbitral proceeding filed before the Court is not a plaint, rather, it is an application. Moreover, the application of the provision of Civil Procedure ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 1...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... parties; a decree for khas possession of the suit property; a decree for Tk. 44,10,000/- on account of rent at the rate of Tk. 35,000/- per month from June 1985 to July 1996 and declaration that the plaintiff is entitled to receive rent at the rate of Tk. 50,000/- per month from August, 1996 till t..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
.... Rokanuddin Mahmud, Senior Advocate instructed by N. I. Bhuiyan, Advocate-on-Record —For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record —For Respondents. Civil Petition for Leave to Appeal No.1703 of 2010. (From the judgment and order dated 21.01.2010 passed by th......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......ision in Civil Revision No.185 of 2008 making the rule absolute. 2. The facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. This leave petitioner, as plaintiff, filed Other Suit No.52 of 1999 for declaration that the kabala deed dated 10.11.19.75 exe..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....discriminatory impugned letter, dated 05.09.11 and 26.09.11, issued by the Respondent no.8, intimating the refusal to pay the Hon’ble Judges of the Supreme Court of Bangladesh their medical bills for treatment (as of Annexure-D and D-1), should not be declared illegal and without lawful authori...... of the People’s Republic of Bangladesh promulgated an Ordinance under the title, “The Supreme Court Judges (Remuneration and Privileges) Ordinance, 1978. Provisions figured therein, witnessed amendment from time to time, in order to increase the Remuneration and Privileges of the Hon’ble ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. The facts relevant for disposal of the Rule are briefly stated below. An Inspector named Abu Sayed Khan of the Dis......od for obtaining sanction of the authority concerned is to be excluded from the total period taken in concluding the investigation under section 167(5) of the Code, 1898 as it stood prior to the amendment, introduced by the Code of Criminal Procedure (Second Amendment) Act, 1992 (Act No.42 of 1......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
....ng out of Pirgonj P.S. Case No.4 dated 11-2-2003 corresponding to GR No.56 of 2003 convicting the appellant under section 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for one year with a fine of Taka 6,800 in default to suffer rigorous imprisonment for two month...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....rruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti-Corru......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......se of the process of the Court; (3) Where there is a legal bar against the initiation or continuation of the proceeding; (4) In a case where the allegations in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute the..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....wdhury, Advocate-on-Record—For the Petitioner. Md. Aftab Hossain, Advocate-on-Record—For Respondent No.2. None Represented.—For the Respondent No.1. Criminal Petition for Leave to Appeal No.162 of 2010. (From the judgment and order dated 28-2-2010 passed by the ...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ......sed the learned Additional Sessions Judge, Second Court, Tangail in Criminal Revision No.5 of 2009 affirming the order dated 3-12-2008 passed by the learned Judicial Magistrate arising out of Complaint Register Case No.108 of 2007 now pending before the learned Additional Chief Judicial Magistr..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
.... decree passed, that cannot be executed and no Court can pass a decree which is unexecutable. 3rd party petitioner has to be added as necessary party 3rd party petitioner has two legal arms for addition of party, one, implead by inheritance and another by way of added as party in the insta......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......at the vendor of the opposite party is party to Other Suit No.61 of 2008 and Other Suit No.80 of 2008 and petitioner having in possession by deed of heba-bil-ewaj and also by oral gift from vendor of plaintiff opposite party, as such the applicant petitioners are necessary party in the instant suit ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....the 30th day of June, 2002 passed by the High Court Division in Writ Petition No.3609 of 2001 making the Rule absolute. 2. The respondents herein as writ-petitioners filed the said writ petition before the High Court Division for the following relief:— "(A) Issue Rule Nisi calling upon the R......per form as respondent in the writ petition, was taken. Had such objection been taken before the High Court Division, the writ-petitioners could have taken step to cure the defect by making necessary amendment in the cause title of the petition. In the leave petition as well as in the concise statem......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....e Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer responsible for the conduct of its affairs shall, unless he proves that the offence was committed without his kn...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......plications under section 561A of the Code of Criminal Procedure, three accused-persons of Sessions Case No.607 of 1997, subsequently renumbered as sessions Case No.558 of 1999, arising out of complaint petition Case No.1081 of 1997 obtained the present Rules calling upon the Opposite-Party..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....Judge, now Joint District Judge and Artha Rin Adalat, Sylhet in Title Suit No.43 of 1999, decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.43 of 1999 (re-numbered) before the Joint District Judge, Artha Rin Adalat, Sylhet impleading the appellants along with others ......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ...... November 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
.... Ziaul Karim J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Sherpur (briefly as Tribunal), for confirmation of death sentence of contemned-prisoner. 2. By the Criminal Appeal No.2022 of ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......d torturing murdered her for the cause of dowry, then she was hanged in a rafter of conjugal home. After autopsy the cadaver was buried in absence of the accused. Then P.W.1 as complainant filed a complaint before the Magistrate, Sherpur which was referred to the Police Station wherein it was record..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
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