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Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....s "555" Cigarettes and there is no possibility of confusion with the "Express" Cigarettes manufactured by the appellant. The learned Advocate further submits that the respondent No. 1 erred in law in holding that the words "State Express" being the trade mark of the respondent No. 2 the registration......registration of the trade mark and since registration the appellant are in the manufacture of the product and its product gained much popularity in the market. It has further been contended that the Government of Bangladesh has imposed ban of the State Express 555 Cigarettes manufactured by the resp..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....rted case of Abdul Gani and others Vs. Bibi and others reported in PLD 1962 (WP) Lahore 531 giving the opinion of Abu Yusuf and Mohammad observing in Mohammedan Law by Syed Amir Ali (5th Edition 202) holding that: there is a great difference between a marriage which is void ab initio (Batil) and one...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....ority of the Magistrates in remanding them in the judicial custody under section 167 in view of the expressions "under this Chapter” used in the section. The High Court quashed the orders of remand holding that the Magistrate had no power to remand the arrestees under section 167 of the Code. 4......ose orders, the learned Magistrate did not assign any reason and made laconic orders observing "প্রার্থনা মঞ্জুর" No counter-affidavit has been filed by the State controverting the statements made in the petitions. Learned Additional Attorney-General has not disputed ..Category: Criminal Law | Date: | Hits: 70
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
.... application has been annexed with the revisional application as Annexure 'C'. 5. After hearing of the said application the learned Assistant Judge passed the impugned order rejecting the same holding, inter alia, that the said application was tiled at a belated stage since recording evidence......tiffs instituted Title Suit No. 146 of 2000 before the Assistant Judge. Additional Court No.1, Dhaka seeking a decree for declaration of title, cancellation of deed, connection of record of right, recovery of khas possession and for permanent injunction, impleading the petitioners as defendants. ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....house. Prosecutrix in good faith went to the room of accused‑appellant. Accused‑appellant caught hold of prosecutrix and threw her on bed and raped her forcibly against her will at dagger's point holding out threat that in the event of her raising alarin and offering resistance she would be snuf......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
.... land appertaining to SS Plot No. 16, 316, 367, 368 and 370 of Khatian No. 20/2 from one Nirmala Chowdhury and Sundip Chowdhury by a registered kabala dated 30-7-1970 and since such purchase they are holding and possessing the said land. It has been also stated that since the petitioner and his brot......ning mutation of 0.8266 acres of land in the name of the petitioner and 4.13 acres of land out of 4.96 acres of land was ordered to be recorded in Khatian No. 1 treating the same as khas land of the Government. Photostat copy of the order sheet of the said Miscellaneous Case No. 32 of 1993-94 along ..
Category: Property Law | Date: | Hits: 172
....epresentation of the plaintiff nor give him any personal hearing before cancellation of the lease.
14. Lastly, he submitted that from the letter Exhibit 6 it was evident that it was issued without holding any enquiry and the knowledge of the prescribed authority at the instance of interested quar...... per terms 4, 7 and 8 no industry was established, and commenced.
20. Then, said defendant No.4 issued the letter dated 12‑10‑1994 informing the plaintiff that his lease was cancelled and the Government would re‑enter into the land under terms 16(9) and 42 of the lease document.
21. Whet..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....y the trial Court, it is for the Higher Courts to examine whether or not the discretion was exercised in accordance with established principles of law. 15. The High Courts of the subcontinent were holding divergent views on the power of comparison by the Court. The apex Court of this part of the ......dant No.1 and that the order of the Land Appellate Board directing reconveyance of the suit land was without jurisdiction. Defence case was that by executing an 'Ekrarnama' the plaintiff agreed to recovery the land and the Land Appellate Board rightly ordered for redemption, and a civil Court has go..Category: Property Law | Date: | Hits: 61
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....arned Tribunal Judge without considering those essential aspects of the matter rejected the application under section 540 of the Code of Criminal Procedure vide the impugned order dated 6‑10‑2003 holding an erroneous view that after examination of 15 prosecution witnesses and closure of the pros...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..Category: Criminal Law | Date: | Hits: 48
....ed to acts of lawlessness and committed unfair labour practice on 15-5-91 by gheraoing officers and locking the main gate of the Head Office of the Bank, forcibly occupied the premises, prevented the holding of a scheduled international conference of that date; that police had to rush for restoring ...... labour practice, rather it was respondent No.3 (Grameen Bank) who committed unfair labour practice; that the membership of the Union did not fall below 30%, rather it increased to 7562 which is well over 30%.that respondent No.2 before filing the application under section 10(2) of the IRO 1969 seek..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....on has failed to adduce any evidence in order to establish that Topi was none else but deceased Jannati Khatoon, the confessional statement was wrongly and illegally relied upon by the trial Court in holding the condemned prisoner guilty under section 302 of the Penal Code for the murder of Jannati ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....Notification dated 04.06.1998 made no difference because it was not retrospective in operation. 5. Learned Counsel for the appellants submitted that the High Court Division committed illegality in holding that mere registration is not enough. He submitted that the appellant was entitled to have a......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122...Category: Fiscal/Taxation Law | Date: | Hits: 86
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....f Shaistabad Moazzem Hossain High School, to his post should not be declared without lawful authority and of no legal effect. The Rule has been discharged by their lordship of the High Court Division holding that there is no merit in the Rule as well as the petitioner is not an aggrieved person obse......eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, B..Category: Civil Law | Date: | Hits: 90
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....ge in Special Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. 3. Facts, in short, of the case are that, after holding preliminary enquiry by Bureau of Anticorruption one Selina Akhter, Inspector District Antico......ent Officer, Rupsha during the period from 25‑5‑1980 to 30‑1‑1989 in collusion with each other, created false settlement deeds in favour of accused Mizanur Rahman and others, appertaining to government Khas lands and for illegal pecuniary benefit, accused Mannan Molla, Surveyor, provided the..Category: Criminal Law | Date: | Hits: 56
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....Selim and Salam Kha. In the cited case there had been no eye‑witnesses to the murder of Nikhil Ranjan Baroi. There is nothing on record that witnesses were examined by Police Officer at the time of holding Inquest Report. It cannot be, thus, suggested at all that by the Inquest Report prosecution ...... 10. A bird's view of prosecution case divulged during trial may be taken heed of Enmity existed for a long period between Informant PW1 party and accused party. On 18‑3‑1994 squabble took place over a damage caused by accused person upon the land of Informant PW1 pulses field by cows. Accused ..Category: Criminal Law | Date: | Hits: 54
....engali left the country in 1971, his whereabouts could not be known after the liberation of Bangladesh on 16.12.1971 and that the Government has been in physical possession and management of the case holding since 1972 and enlisted the same as abandoned property and allowed Syed Aftab Uddin, a Deman......d Fazlul Karim J
Md. Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others....…………..Respondents
Judgment..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....ttorney-General who appeared on behalf of the Collector of Customs in that case, relying upon a decision of another case reported in 48 DLR (AD) 58 submitted that the High Court Division was wrong in holding that the writ petition was maintainable. But their Lordships in the Appellate Division in de......35.00 per metric ton which has been challenged by the petitioner. 8. Mr. Zainul Abedin, the learned Advocate appearing on behalf of the petitioner placed before us a copy of the SRO issued by the Government of Bangladesh, Ministry of Finance Internal Resources Division (Customs) dated 28-10-93 to..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....tion. Accordingly, the learned Magistrate removed the obstruction with the help of police force on 11-7-85. Thereafter, the learned Magistrate suo motu drew up proceeding under section 188 Penal Code holding that petitioner and others disobeyed the order promulgated by public servant lawfully empowe......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....y the assessee in the present cases and when there is non-compliance of this provision the taxing authority was right in assessing the income tax on the respondent and the Tribunal committed wrong in holding that the assessee is not hale to any taxation. 4. Syed Ishtiaq Ahmed, the learned Counsel...... was legally justified in its direction to treat income of BRAC Printers Limited and Arong exempt from tax in so far as these enterprises are engaged in earning profit and the circular issued by the Government under Memo No.ERD/NGO-11/Sc-86/586 dated 03-09-86 cannot override the provisions of Income..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....o manner of application to the present case. The learned Assistant Judge by his impugned order dated 28-3-94 rejected the petitioner’s application under section 10 of the Code of Civil Procedure holding inter alia that the issues involved in the two suits are not directly and substantially the ......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
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