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National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ul Amin Choudhury J KM Hasan J National Fans Ltd…………………Petitioner Vs. Md. Firoz and another…………………Respondents Judgment March 20, 1995. Result: The application is allowed. Cases Referred to- Simmons Vs. Mathieson and Co. Ltd., (1911) 28 RPC 4..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......iming title to the suit property through inheritance as well as by purchase. The defendant Opposite Parties entered appearance and filed written objection denying the material allegations made in the application for injunction and contended that 0.08 acre of land appertaining to plot No.154 describe..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......ereafter the plaintiff filed a criminal case on 22-9-84 for criminal breach of trust for cheating. The defendant entered appearance and the case was dismissed and the plaintiff preferred a revisional application before the Sessions Judge which was ultimately dismissed on 8-11-89 and thereafter the p..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......lul Karim, Advocate - For the Petitioner. Bakhtear Hossain, Advocate - For the Opposite Parties. Civil Revision No. 4118 of 1991. Judgment Syed Amirul Islam J.- This Rule arises out of an application filed under section 25 of the Small Cause Courts Act and is directed against the judgmen..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....ief Justice of Bangladesh to distribute the business and function amongst the Judges. He alone has the mandate by the Constitution and law. It appears that the Chief Justice had distributed function afresh on 30.3.83 and constituted the benches accordingly. This contempt matter could not be heard ...... matter like the Capital Sentence Case". The Contemner was further directed to appear before the Court in person. On the date thus fixed, the appellant-contemner did not appear in person but filed an application through his lawyer, one Mr. Atiur Rahman, praying for time on the ground that he was unw..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......urt Division in petition No.90 of 1973)
Judgment
Debesh Chandra Bhattacharya J.- This appeal by special leave is against an order of a Bench of the High Court Division, rejecting summarily an application made by the appellant under Article 102 (2) of the Constitution, refusing to interfere..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....dge chose first alternative, and he did so rightly, in accordance with provision of Section 103 of the Code. We like to observe that unless there is compelling reason, like retrial of the suit on fresh evidence, or some such cogent reason there should be no remand in a second appeal. 14. Th......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......e Court. Mr. B. Hossain, learned Assistant Attorney-General, has, on the other hand, contended that when the amount was disbursed to the appellant by the Bank Manager, principal accused, there was no application whatever from the appellant praying for any over-draft or loan nor any order of sanction..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......eikh Fazle Noor Taposh and Mehedi Hassan Chowdhury, Advocates - For the respondent No.1 A.B.M. Altaf Hossain, Deputy Attorney General- For the respondents. Writ Petition No. 3494 of 2010. An application under Article 102 of the Constitution of the People’s Republic of Bangladesh. Judgm..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
...... (2002 1 WLR 237).
Lawyers Involved:
Bashir Ahmed,Advocate - For the Petitioner.
A.B.M. Altaf Hossain, Deputy Attorney General - For the respondents.
Writ Petition No. 2709 of 2008.
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
Judgm..
Category: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......ted the said agreement for sale on 10-8-1985. Therefore, he submits, even if the said property is included subsequently in the list published under the said Ordinance, the same is the result of non-application of mind by the Government official and a mistake on the face of it and, as such, will ca..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......ates - For the Applicant. Kazi Waliul Islam, Deputy Attorney-General - For the Respondent. Reference Application No.28 of 2001. Judgment Md. Abdur Rashid J.- Facts out of which the above application is made in short are that the applicant is an assessee having TIN: 267-100-1599. For t..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....e grounds mentioned in section 115 of the Code of Civil Procedure the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third Court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction." 17. T......l and affirmed the judgment and decree passed by the Trial Court. 9. The defendant No.6 again being dissatisfied with the judgment and decree of the Appellate Court has preferred this revisional application before this Court and obtained the present Rule as stated above. 10. Mr. AH Mahfoozur..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......e. Md. Khurshid Alam Khan, Advocate - For the Anti-Corruption Commission. Criminal Miscellaneous Case No.8317 of 2008. Judgment Md. Shamsul Huda J.- This rule was issued on 7-7-2008 on an application under section 561A of the Code of Criminal Procedure at the instance of the accused peti..Category: Criminal Law | Date: | Hits: 156
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......Murshid, Advocate - for the petitioner.
A. B. M. Altaf Hossain, Deputy Attorney General with Yehida Zaman, Assistant Attorney General - for the Respondent.
Writ Petition No. 9592 of 2010.
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
Judgm..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....between me same Party or between the parties under whom they or any of them claim. A decision given in a writ petition between the same parties on an issue or issues operates as a res judicata and no fresh writ petition on that point is maintainable. The cases of Md. Yakub Vs. Chief Settlement Commi...... the Parliament. We find that no unconstitutional action was taken by the legislature and, as such, we do not find any reason to interfere with the 13th Amendment Act. We do not find any merit in the application. It is summarily rejected." 9. Later, the petitioner before us also challenged the im..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the application, in brief, are that the petitioner is a company incorporated under the Companies Act, 19..Category: Civil Law | Date: | Hits: 129
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......ever called for, and in case of failure to do so, would pay Tk. 80,000/-. On conclusion of enquiry in that Case respondent No.2 was discharged as no prima facie case of theft was made out, and on his application the Magistrate directed the appellant to produce the tractor for ultimate delivery to th..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......7 passed by the High Court of Bangladesh in Writ Petition No.10 of 1977.) Judgment Kemaluddin Hossain J. - The question of applicability of section 494 of the Code of Criminal Procedure and its application to cases under Special Powers Act, is the consideration of this appeal. 2. The facts ..Category: Criminal Law | Date: | Hits: 99
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......tion is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High Court Division in revision, have ans..Category: Property Law | Date: | Hits: 77
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