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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. ......ed under the provision of section 25 of the Trade Marks Act, 1940. It is now too late to file this application under section 46 of the Act. The present trade mark application is barred by the principle of waiver, estoppel and acquiescence. The present application is barred under section 24 ......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. ..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. ......ncept of legitimate expectation and promissory estoppel failing to take into consideration policy decision of the Government and thereupon holding that the orders of release have been violating the principle of legitimate expectation and principle of promissory estoppel though the orders of rele......ications dated 14-10-2002 and 26-10-2002 providing for payment of all service benefits at a time, as contained in clause 2 of the order of release together with three months' notice pay which are tantamount to the service benefits of normal retirement allowable by the BADC Employees Service Regula..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. ...... said criminal case was valid without issuing any prior notice on the respondent and whether the sanction accorded by NBR in its meeting preside by its chairman who was not a member was hit by the principle of coram-non-judice, (3) Whether the writ petition filed by the respondent was maintainab......t (LTU), Dhaka by virtue of his being a Director of Apex Weaving and Finishing Mills Ltd and since then he has been paying his tax under LTU. As a regular tax-payer the respondent had paid a total amount of Taka 46,74,99/- as income tax since tax year 1980-81 to 2006-2007, After the emergency wa..Category: Fiscal/Taxation Law | Date: | Hits: 97
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......f the High Court Division and other papers on record. 9. The learned Counsel submitted that admittedly prosecution case was that of sanctioning cash loan for agriculture, and for fertilizer amounting to TK. 1,60,200/-from the period 01.07.1984 to 12.09.1984 alleged to have been sanctioned..Category: Criminal Law | Date: | Hits: 34
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......n of TK.400.00 by a registered deed of agreement dated 04.07.1968 with a condition to recovery within 7 years and if the entire consideration money is repaid and Bachcha Mia refunded the said amount of money to the said Nur Mohammad Khan on 27.11.1971 in presence of defendant No.1 in front ..Category: Property Law | Date: | Hits: 19
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......balas and acquired his knowledge of the transfer. Thereafter, he filed the miscellaneous case under Section 96 of the State Acquisition and Tenancy Act with the proper deposit of the consideration amount. He claimed that he is in possession of the disputed land till today as it was mortgage..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......e date of agreement plaintiff on payment of rest of the consideration money would obtain the kabala from the defendant No.1 that subsequent to the contract defendant No.1 received the further amount of Taka 35,000 on January 26, 1992. It was the contention of the plaintiff that in spite of ..Category: Property Law | Date: | Hits: 23
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. ......udicata under section 11 of the Code of Civil Procedure, the High Court Division relying on the case of Kala Meah vs. Faiz Ahmed reported in 2 MLR (AD) 218 held that the present suit is hit by the principle of res judicata. 6. We are of the view that the High Court Division, on proper co...... 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
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ......We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ......g the parties, the High Court Division by the impugned judgment and order made the Rule absolute directing the writ respondents to sanction and/or approve the plan on receiving 10 times fee of the amount prescribed. 5. Hence is this petition. 6. In support of the petition, Ms. Sigm..Category: Property Law | Date: | Hits: 27
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. ......bdul Aziz vs. Abani Mohan Mukherjee and others reported in 30 DLR (AD) 221. We are of the view that the High Court Division, on proper assessment of the materials on record and applying the principle of law as applicable in the present appeal, arrived at a correct decision and there is no......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. ..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. ......uential relief is found necessary but has not been prayed for the court may either dismiss the suit or direct the plaintiff to pay additional court fee for the purpose, keeping in view the general principle that a document which is void abinitio need not be cancelled. If a written instrument is a......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. ..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. ......as in those cases,, the question as to whether there was any scope of rehearing of a civil revision decided on merit by a regular judgment, was not raised and decided and in the above decisions no principle of law was also enunciated to the effect that rehearing of a civil revision, which was di...... accordingly, on 2-11-1991 the petitioners filed an application praying for relieving them of the penal consequence of their default in depositing the costs within 26-10-1991 and for receiving the amount of cost from them submitting that they had no knowledge of the default clause but the learne..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. ......d to 4 brothers, by name Himmat Khan, Rahmat Khan, Hanif Khan and Anis Khan, that Hanif Khan and Anis Khan mortgaged the land in suit by a registered deed of mortgage dated December 26, 1927 for an amount of Taka 48 and that it was stipulated in the mortgage deed that after one year the mortgagor..Category: Property Law | Date: | Hits: 48
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. ......le the suit as aforesaid. 3. The defendant-respondents' contention in the suit is that the suit is not maintainable in its present form, that the suit is barred by limitation and by the principle of estoppel, acquiescence and waiver; that the plaintiff has no right, title and posses&s......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. ..Category: Property Law | Date: | Hits: 25
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......rom the suit land and as such the suit is liable to dismissed with costs. 5. Mr. A J Mohammad Ali, learned Counsel, appearing for the petitioner submits that it is the well established principle of law that the plaintiff has to prove his case and in the present suit the plainti......land) Tejgaon Circle, Dhaka vide Mutation Case No.9761 of 1987. The suit land was not nal and the defendant converted the same as a homestead one and excavated a pond thereon at a cost of huge amount of money and developed the same. The contesting defendants are the heirs of original d..Category: Property Law | Date: | Hits: 24
Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)
.... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ...... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ......ns, inter alia, that accused No. 1 M.M. Ishaq husband of the petitioner at the ill advice of his relations and the other accused persons on different dates demanded dowry from her and she paid the amount of dowry. The accused husband also used to torture her physically and mentally for dowr..Category: Criminal Law | Date: | Hits: 32
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......e case of Basharatullah, being dead his heirs: Fazle Karim and others Vs. Government of Bangladesh and others reported in (1996) 16 BLD (AD) 9 wherein it has been held: "Consistently with the principle that there is to be end to the litigation, it is the well-recognized that review is not a......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......to the lawyers of the parties” and observed: "In such circumstances the Court’s order dated 6.6.1975 suffers from a palpable error mainly, an error of non-observance of the principle of natural justice. This was an error apparent on the face of the record. The learned Mun......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ..Category: Property Law | Date: | Hits: 23
G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)
.... of the aforesaid criminal case. 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) 268. ...... of the aforesaid criminal case. 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) 268. ......Deputy Commissioner, Jessore and also found no tender schedule there. The accused respondent and the other two accused in collusion with each other and with a view to deprive the government from huge amount of revenue did not send the tender schedule to the office of the Deputy Commissioner and fixe..Category: Anti-Corruption Laws | Date: | Hits: 81
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ......d. Abdul Karim and the seller-pre emptee, Md. Abdul Majid, contested the pre-emption case by filing a joint written objection contending, inter alia, that the case was barred by limitation and principle of waiver and was bad for defect of parties. 7. The trial Court after hearing the ......orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ..Category: Property Law | Date: | Hits: 20
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