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Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......rademark of the respondents, committed fraud upon the Registrar of Trademarks in obtaining the registration. Therefore, the High Court Division rightly cancelled the registration in exercise of its power under section 46(4) of the Trademark Act………………&hell......Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade Mark Act, 1940, sections 8, 24 and 46 The appellant having entered into the User Agreement with the Respondents and having full knowledge of the ownership of trademark ......e Mart Application No. 9 of 2002). Judgment Md. Abdul Matin J.- This appeal arises out of. leave granted by this Court on 3-7-2005 in Civil Petition for Leave to Appeal No. 326 of 2005 preferred ..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......¿à¦¸à¦¿/সেচ/উইং/১৯৩/২০০১/১৮৫ dated 24-7-2003 discharging them from their service (Annexure-C and C-l to the writ petiÂtion) and ’পদায়ন’ Rules of BADC Manpower ReÂorganisation setup issued on 20-11-2000 (Annexure-C-2 to the writ petition) and notificati......ulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the minimum requirement of law was complied......hereof the impugned actions taken by the respondents are illegal and the High Court Division therefore, correctly decided the rules and, as such, there is no cause for interference. 18. Leave was granted to consider the above mentioned submissions. 19. In Civil Appeal No.136 of 2007 the fact..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ...... Judgment May 20, 2008. Result: The appeal is allowed. Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a ......2-2007. 6. The appellants thereupon being dissatisfied with the impugned judgment and order dated 5-12-2007 filed Civil Petition for Leave to Appeal No. 363 of 2008 whereupon this Division granted leave to consider the following: (1) whether the criminal proceeding in the aforesaid spec..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......ts filed the present leave petition. 11. Mr. Zoynul Abedin, the learned Deputy Attorney General, has argued in both the appeal and leave petition that the Government in exercise of its power under sections 7 and 11 of the Private Forests Act, 1945 took over and vested the suit land i......3) Md. Nazibar Rahman Talukder and others........Respondents (In Civil Petition No. 645 of 2001) Judgment April 4, 2007. Lawyers Involved: Zoynul Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record - For the Appellants. (In Civil Appeal......ces were also not served on the plaintiffs or their "predecessors-in-interest inviting objection as envisaged under the Private Forests Act, 1945 and the Forests Act, 1927. 7. Leave was granted to consider the submission that the suit land having been vested in the Government as ..Category: Property Law | Date: | Hits: 23
Anti Corruption Commission Vs. Syed Tanveer Ahmed and another, 2008, 37 CLC (AD)
....xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......petitioner. Rafique-ul-Huq, Senior Advocate, Ahsanul Karim Advocate with him, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Respondents. Civil Petition for Leave to Appeal No. 1804 of 2007 (From the Order dated 13th November, 2007 passed by the High Cour......; This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the order dated 13th November 2007 passed by the High Court Division granting bail of the Respondent-writ-petitioners. 2. The writ-petitioner No.1 alleged that h..Category: Others | Date: | Hits: 84
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......, husband of Monowara Islam used to look-after the Hotel business on her behalf. Other floors and rooms were rented to different persons. When her husband Azizul Islam became seriously ill, a power of Attorney was executed in favour of one Abdul Alim to manage the property including the hot......d of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6.4.1990 and was possessing the same by mutating her name in the S.A. Khatian and paying rent to the Government. Monowara Islam after taking allotment started a Restaurant named Flora Restauran......f 2000 before the Appellate Division against the said judgment dated 13.7.2000 passed by the High Court Division in Criminal Miscellaneous Case No. 6040 of 1999 and their Lordships were pleased to grant order of leave and were also pleased to grant an order of injunction not to evict Azizullah a..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)
....we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ......we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ......titioners Vs. Md. Abdus Salam.....................................Respondent Judgment June 18, 2006 Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not repre......we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ..Category: Property Law | Date: | Hits: 28
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ...... Lawyers Involved: Faruque Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1350 of 2005 (From the judgment and order dated 25.6.2005 passed by the High C......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ..Category: Property Law | Date: | Hits: 31
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......ner, Magura and others..................... ............Respondents Judgment February 26, 2006. Case Referred to: Kala Meah vs. Faiz Ahmed, 2 MLR (AD) 218. Lawyers Involved: Khondoker Mah...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ..Category: Property Law | Date: | Hits: 28
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......oners Vs. Bangladesh represented by the Secretary, Ministry of Forest and others……… ...Respondents Judgment: February 9, 2006. Cases Referred to: 47 DLR 246; 45 DLR (AD) 112; 2002 BLD (AD) 42. Lawyers Involved: Md. ......k page to the effect that without the approval of the Chief Manager of the Dhaka Nawab Court of Wards Estate no settlement of any land under the management of the above Estate could be granted; Exhibits 2 and 4, the basic documents of title of the plaintiffs, contain over-writings in..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ...... in 24 DLR 78 it has been held been that in a case where fraud is committed upon the Court as well as upon the party, a Court has inherent jurisdiction to interfere in the matter in exercising its power vested in section 151 of the Code of Civil Procedure and similar view has also been expressed...... Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to: Abul Khair Mia vs. Abdul Latif Sardar, 32 DLR (AD) 167; Mofazzal Molla and another vs. P...... the suit was rightly decreed ex parte. Being aggrieved, the defendants filed the above miscellaneous appeal before the High Court Division and after hearing allowed the appeal. 3. Leave was granted on the submissions that the High Court Division erred in holding that the summons were not..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......ed by limitation and the suit as framed is maintainable and that the plaintiff has proved his right, title and interest in the land in suit, that from the evidence of PW 4 it is seen that the power of attorney (Exhibit 3) and the kabala dated October 16, 1988, (Exhibit 4) are genuine, that ......l Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Referred to: 39 DLR 339; 32 DLR 75; Sufia Khanam Chowdhury vs. Faizun Nesa Chowdhury, 39 DLR (AD) 46;......eliance on the aforementioned reported case was quite unmindful of the facts of the instant case and the question of law involved in the background of the facts on record. 18. Leave was granted to consider the contentions that the defendant instituted Title Suit No. 291 of 1985 seeki..Category: Property Law | Date: | Hits: 31
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......e Rule as the learned advocates of both the sides were found absent; in the case of Safaruddin and others vs. Fazlul Huq and others reported in 49 DLR (AD) 151 it has been held that the revisional power of the High Court Division, being a supervisory power, may be exercised even suo motu in the......nother...............................Petitioners Vs. Syed Madassir Ali and another...............................Respondents Judgment July 16, 2006. Cases Referred to: 4 BLC (AD) 102; 2001 BLD (AD) 236; 44 DLR 242; 2003 BLD 158; Safaruddin and others vs.......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......Md. Tafazzul IslamJ Guljan Bibi and others...............Petitioners Vs. Md. Fazlu Miah and others.....Respondents Judgment August 6, 2006. Case Referred to: Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar and others, 29 DLR (SC) 137. ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..Category: Property Law | Date: | Hits: 48
....erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
......ucted by Mvi. Wahidullah, Advocate-on-Record-For Respondent No. 1-7.
Rafique-Ul-Huq, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-Added Respondent.
Civil Petition for Leave to Appeal No. 111 of 2006
(From the judgment and order dated 06.12.2005 passed by the High Court......n Dhaka Improvement Trust now Rajdhani Unnayan Kartipakha challenging the order of RAJUK dated 24.08.1998 cancelling the lease of Plot Nos. 20 and 20-A in Gulshan North Commercial Area, Dhaka earlier granted in favour of their predecessor late Md. Chowdhury. After the death of their predecessor, the..
Category: Limitation Law | Date: | Hits: 165
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ...... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ......t, rule, regulation, bye-law or other instrument, retire from employment on the completion of his 60th year; the provisions of the above Ordinance, 86 and the amending Act 1994 are applicable to the establishments shown in the schedule of Ordinance 1986 wherein the respondent No.4 has......lding that the respective respondent No. 1 in both the appeals, being workers under the Ordinance 86 as amended, could be retired only on completion of 60th years of age. 6. Leave was granted on the submissions that the appellants being a limited liability company incorporated under..Category: Employment/Service Law | Date: | Hits: 90
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
.... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ......s exclusively used for the purpose of the Seed Multiplication Farm of B.A.D.C; the said pathway is a kutcha pathway which runs by the eastern boundary of the above farm on which the farm installed power pumps for supplying water to the paddy fields of the farm comprising of 45 acres of land.........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April 9, 2006. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record -For the petitioner. ...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ..Category: Property Law | Date: | Hits: 19
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......f has acquired permanent 'Maliki' right i.e. proprietary right upon the settled land which is heritable and transferable according to the existing law of the country and the defendants have no power, authority and jurisdiction to cancel the settlement on 19.01.1992 A.D. Lastly, the lea...... Lawyers Involved: Md. Abdul Hoque, Advocate instructed by Mahmuda Begum, Advocate-on-record-For the Petitioner. None represented-the Respondents. Civil Petition for Leave to Appeal No. 165 of 2005. (From the judgment and order 06.12.2004 passed by the High Court ...... and he prayed for settlement of 'B’ schedule land without Salami and rent in the year 1975 before the Sub-Division Officer, Tangail and after due inquiries the Sub-Division officer, Tangail granted settlement to the plaintiff under L.A Case No. 114/46(XII) in the year 1975-76 from 30th Ch..Category: Property Law | Date: | Hits: 25
Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......d. Abdul Matin J Golam Azim and another……………….Petitioners Vs. Bangladesh and others….......Respondents Judgment October 3, 2007. Lawyers Involved: Nawshad Zamir, Advocate (appeared with the leave of ......eave of the Court submits that the High Court Division was in error in rejecting the writ petition summarily because provisions of Ordinance No.24 of 1970 ousted jurisdiction of the civil Court to grant injunction. He also submits that the High Court Division failed to appreciate the facts ..Category: Property Law | Date: | Hits: 29
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ...... Nawab Ali, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 1572 of 2003. (From the judgment and order dated 5.5.2003 passed by the High C......defendant No. 6, came to know about this fraudulent act and himself applied for a lease of the suit land in his name stating the fact and the concerned authority on due enquiry into the matter granted lease to the extent of half of the suit land in his favour and this decision of the authori..Category: Property Law | Date: | Hits: 23
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