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Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)

....ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ......ting in place of the old section 86 with regard to abatement of rent on account of diluvion and determination of right in land reappearing on account of alluvion. By the said Act the right, title and interest of the original tenant or his successor-in-interest would subsist in the lands of a holding..

Category: Property Law | Date: | Hits: 68

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

.... 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. ......nder the Rule. Consequently, the duty with which the Registrar is entrusted with under the Rule 23 of the Trade Marks Rules, 1963, to search all the pending application is binding upon him for public interest so that no confusion can be created in the minds of the public by not doing so and then giv..

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. ......luding Iskander Mirza, Ayub Khan, Mushtaq, Ziaur Rahman, Suharto, Pinochet, Franco, Idi Amin, Ziaul Haque, had resorted to one that was impregnated with the ludicrous pretence that, the greater interest of the country, in the verge of catastrophic eventuality, made it incumbent upon him to a..

Category: Constitutional Law | Date: | Hits: 482

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

....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.......ase further the defendants would refund the security money and on their failure to refund said money, the plaintiff would be entitled to continue as such till the security money was refunded with 15% interest thereon. Before the expiry of the second term of lease, the plaintiff expressed its intenti..

Category: Property Law | Date: | Hits: 31

Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)

....r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......he Customs Act which is as follows: “19. General power to exempt from customs duties: (1) if the Government is satisfied, after consultation with the Board, that it is necessary in the public interest to do so, it may, subject to such conditions, limitations, restrictions, if any, as it thin..

Category: Fiscal/Taxation Law | Date: | Hits: 62

Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)

....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.......y this Court exercising revisional application under section 115(1) of the Code of Civil Procedure. 16. Mr. Ziaur Rahman Khan, the learned Counsel appearing for the petitioner, submits that in the interest of justice the case should be sent back on remand for clarifying the question of separation..

Category: Property Law | Date: | Hits: 31

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

....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.......ention would mostly be drawn. Where the resemblance is limited to non-essential or minor details the Court may not consider the facts. The most important question involved is the protection of public interest. 15. Similarly, the Registrar may, under section 8, consider the conduct of the applican..

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

Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)

....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. ......vided dwelling house against the intrusion of a stranger on the basis of purchase of a portion of such a dwelling house from a co-sharer or some of the co-sharers. This was obviously to safeguard the interest of the existing co-sharer or co sharers against forcing entry into an undivided dwelling ho..

Category: Property Law | Date: | Hits: 42

Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

.... at liberty at once, if not required in any other case. Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately. Ed. This Case is also Reported in: 54 DLR (2002) 266.......udice the maintenance of supplies and services essential to the community; (vii) to cause fear or alarm to the public or any section of the public; (viii) to prejudice the economic or financial interests of the State.” 13. There is a difference between “Law and order” and “Public or..

Category: Criminal Law | Date: | Hits: 39

Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)

....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......traced to Order 47(1) of the Code of Civil Procedure, which contains the prescribed conditions and limitations in terms of the requirements of that section. A review is not available simply “in the interest of justice’, unless the case falls within the purview of the powers contained in the rele..

Category: Procedural Law | Date: | Hits: 81

Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)

....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......not approved by the authority. Since by mere making bid in an auction no right is created in the subject matter of the auction and that so long the bid of a person is approved or accepted no right or interest in the subject matter of the auction is created in favour of the bidder, as such, by execut..

Category: Property Law | Date: | Hits: 33

Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)

.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... on between the parties, namely, the said company and the petitioner and he maintained his neutrality and honesty in discharging his official duties and passed the order dated 16-9-2001 in the public interest and in the interest of justice and fair play and as there was no stay at that moment. The l..

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

Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)

....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.......er having failed to trace out any other properties of the opposite parties filed Execution Case No.11 of 1990 on 8-9-90 for realisation of the balance decretal dues of Taka 8,04,717.13 along with the interest of Taka 15,041.50 by way of civil imprisonment of the opposite parties. 5. In Civil Revi..

Category: Civil Law | Date: | Hits: 82

State Vs. Moslem, 2002, 31 CLC (HCD)

....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. ......hird branch of contention pressed is that PWs 2 and 3 who are witnesses to the first place of occurrence are close relations and PWs 4, 6 and 7 who are witnesses to the second place of occurrence are interested witnesses and their evidences cannot be relied upon in awarding conviction and imposing p..

Category: Criminal Law | Date: | Hits: 82

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......he provisions of President’s Order 27 of 1972 it is obvious that the corporation is not entitled to carry on any business and the entire capital has been subscribed by the Government and the entire interest belongs to the Government and the Government exercise full control and superintendence over..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....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.......able the defendant asked him to vacate the shop premises. There was a salish and the salishkar also asked the plaintiff No.1 to vacate. Jamina Khatun who is fufu of the defendants who sold her entire interest much earlier to the father of defendants on 21-4-1969. By alleged purchase the plaintiff di..

Category: Property Law | Date: | Hits: 33

Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)

....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......thin 6 (six) weeks and finalize the process of auction within further 2(two) months. The appellants are further directed to refund the earnest money of the respondent and the leave petitioner with interest at the rate of 20% per annum from the rate of deposit till the date of refund within 3(thre..

Category: Others | Date: | Hits: 81

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......rocedure. 2. The petitioner's case, in short, is that one Gopal Chandra Bhowmick instituted Title suit No. 83 of 1984 in the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of oppo­site party No. 1-15 and others for declaration of right, title and interest of the..

Category: Procedural Law | Date: | Hits: 95

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

.... Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compli­ance. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 193.......a detention order was issued by the Government directing his detention for three months. The grounds of detention were served on 9.3.87. According to the detention order the detention was made in the interest of public safety but according to the grounds served, the detention was made on the ground ..

Category: Banking Law | Date: | Hits: 151

Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)

....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......ate for the appellant has based his submissions solely and com­pletely on the aforesaid story of the appellant and has sought to argue, in the first place, that the appellant having not acquired "an interest" adverse to the bank in the property involved in the execution case, is not guilty of profe..

Category: Others | Date: | Hits: 72