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Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......ny whereupon the petitioner namely — Kohinoor Chemical Company (BD) Limited filed an application for revival of their earlier application when the Registrar directed the parties to decide their rights in the competent court as it had involved complicated questions of law. But neither of the pa..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....ability. However, the question can be answered without detailed discussion in view of some recent decisions of the Appellate Division. Previously, it was held that no mandamus can issue in respect of contractual matters. A departure was made in Sharping Matshyajibi Samabaya Samity vs. Bangladesh, 39...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ......s well as in the Rule 10 of the Muslim Marriages and Divorces Registration Rules, 1974 and the said legal provisions are not ultra vires of the Constitution and in no way infringes of the fundamental rights of the Petitioners as guaranteed therein……..(22) Cases Referred to- D..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......spondents Judgment October 29, 2003. The Limitation Act, 1908 (IX of 1908) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......s was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof: Provided that the..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ...... American Independence (4‑7‑1776) Thomas Jefferson said "We hold this truth to be self-evident that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and pursuit of happiness." This is akin to Article 3..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....e' by the Pakistan Supreme Court in Dr. M.O. Gani's case reported in 18 DLR (SC) 463 is not a happy or correct one because this expression 'void' or 'voidable' is referable to contractual obligation but not to other obligations of a person. He then submits relying on var......d held, "In a constitution founded on the West minister model and particularly in that part of it that purports to assure to all citizens the continued enjoyment of fundamental liberties or rights, reference to 'law' in such context as "in accordance with law," and the li..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....the respondent No. 1, Bangladesh Biman Corporation by filing affidavit‑in‑opposition stating, inter alia, that the writ petitions are not maintainable since the writ‑petitioners seek to enforce contractual terms and conditions of service governed by the law of contract and, as such, cannot be ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......ion matters. Right to seek election to a Union Parishad is neither a common law, for the enforcement of which a civil Court may come forward, nor is it a constitutional right, such as the fundamental rights as described in Chapter IV of our Constitution, for the enforcement of which writ jurisdictio..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......ty of the shares has vested wholly in the appellant. The refusal by the Company to register the shares is an illegal, capricious, whimsical, and a mala fide attempt to deprive the appellant of the rights attached to his ownership of the shares. 18. Dr M Zahir and Mr. Ajmalul H..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......is a member. (4) Prejudicial conduct means causing prejudice or harm to the relevant interest. (5) Unfairness can arise out of a breach of the petitioner's legal rights, i.e. those in the memorandum and articles of association or arising out of the fiduciary d..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......s behalf under the Act, incorporate, and if he is not vested with such powers, send up proposals to the officer vested with such powers for incorporating necessary changes in the record‑of-rights‑ (a) When mutation of names is allowed as a result of inheri..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......ported case it has been observed "It is a right of the pawnee‑pledgee either to bring a suit upon the debt or to sell the things pledged upon giving a reasonable notice of sale. Both these rights are concurrent and they are provided in section 176 of the Contract Act a pledger cannot comp..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......ction to hear and determine applications made by any person in the service of the Republic or of any statutory public authority in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Repub..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....ce and inconvenience in his favour, as equity and law have always accustomed to compel the performance of contract and trust. The learned Counsel further submits, that respondents are very much under contractual obligation to act under the terms of the existing agency contract, which cannot be allow...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......ce has been issued without any approval from the Central Land Allocation Committee. Lastly it has been asserted that the notice issued under section 3 of the Ordinance is violative of the fundamental rights of the petitioners guaranteed by Article 27, 31, 40 and 42 of the Constitution. 7. The..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ...... The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nature whereas PIL is intended to vindicate rights of the people. In such a case benefit will be derived by a large number of people in contras..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......ides, the proceedings of winding up under the Companies Act in a different forum, is altogether different from the proceedings under Chapter XVII of the Negotiable Instruments Act. The procedure, the rights and obligations of the concerned parties and the remedies available are entirely different in..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226