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Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......k the appellant applied for registration of the same on 04.07.1995 and the Trade Marks Registry allotted serial No. 44151 in Class-29 in respect of the said trade mark. The petitioner opposite party No.2. Liberty Foods Company Limited filed notice of opposition against registration of the a..Category: Intellectual Property Law | Date: | Hits: 306
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
....ntainable in its present form, barred by limitation and the respondent is not a defaulter, that the plea of bonafide requirement by the appellant is false and malafide and the suit is also bad for defect of parties as his brother Abdul Quddus though a necessary party was not made party in t...... is not a defaulter, that the plea of bonafide requirement by the appellant is false and malafide and the suit is also bad for defect of parties as his brother Abdul Quddus though a necessary party was not made party in the suit. It was further contended that the notice under Section 106 of..Category: Property Law | Date: | Hits: 32
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....ng joint written statement denying all the material averments of the plaint and alleged that the suit is not maintainable in its present form, the suit is barred by limitation and also bad for defect of parties. The specific case of the defendant-opposite-party Nos. 1 and 2, in short, ......la died leaving Nitai Chandra Mondal and he (plaintiff) used to posses the suit properties exclusively to the exclusion of defendant opposite-parties for more than 12 years. The defendant-opposite-party Nos.1 and 2 with a view to grab the suit properties filed a suit being Other Class Suit No. 2..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
.... principle of adverse possession, whether the suit is valued and stamped properly; as to whether the plaintiff has got any right, title and interest over the suit land; whether the suit is bad for defect of parties; whether the plaintiff is entitled to get relief as prayed for and whether the pl......f for declaration of title, recovery of khas possession against the defendant Nos.1-3 and for partition. No allegation against the kabala dated 8.3.1975, the exhibit mark A-1, was raised by either party to the suit. And as such the alienation was made by Charubala on the ground of legal nec..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......st of construction would no way exceed Taka 30,000 and that the plaintiff shall spend that said Taka 30,000 towards construction works of the proposed residential building on the premises of first party Mr. Taqui. Out of the consideration money a sum of Taka 10,000 was paid by the plaintiff as e..Category: Procedural Law | Date: | Hits: 173
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......ainst the judgment and order dated 1st June, 2008 passed by the High Court Division in Civil Order No. 2080 of 2008 summarily rejecting the application. 2. Short facts are that the opposite party of this application as plaintiff instituted Family Suit No. 185 of 2006 in the Court of 2nd A..Category: Family Law | Date: | Hits: 188
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......erson i.e. wife of defendant No.1. The appellate Court observed that without impleading all the heirs of Faizuddin the money suit was filed and accordingly, all the heirs of Faizuddin were not made party in the auction proceeding and the auction was held at a time when plaintiffs were minor and ..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ...... where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court. 37.In the case in hand, only first information repor..Category: Anti-Corruption Laws | Date: | Hits: 139
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......e 10 and all suits and order legal proceedings pending against such an enterprise on the date of winding up order shall abate. The trial court noticed that the winding up proceeding of the opposite party No.1 was started on 23.01.1982 and published in Bangladesh Gazette on 04.02.1982 and thereby r..Category: Tenancy Law | Date: | Hits: 148
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ......e writ petition is not maintainable, which was rightly dismissed by the High Court Division" and further in view of the provisions of section 9 of Ordinance 1977 the Board is not a third party or stranger inasmuch as this is a body as contemplated by section 8 of Ordinance 1977 an..Category: Civil Law | Date: | Hits: 119
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....ch he also prayed for recovery of khas possession. 5. The defendant Nos. 16-18 contested the suit by filing written statement to the effect that the suit is not maintainable in this form and defect of parties and barred by limitation and also stated that Bhula Sheikh was the original C.S. ......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ..Category: Property Law | Date: | Hits: 28
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......er of the holding by inheritance and by purchase and also claiming to be owner of the land contiguous to the land transferred by the deed of Heba-bil-Ewaz, stating that the pre-emptee i.e. opposite party No. 1 (in the Miscellaneous Case) is a stranger and that the opposite party Nos. 2-6 (in the..Category: Property Law | Date: | Hits: 19
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......other L.A. Case any further land was acquired. Joint Secretary finally observed since the Government organization is in possession of the land and that as the matter is complicated one as such the party may approach the appropriate Court for decision in respect of 29.99 acres of land as claimed ..Category: Property Law | Date: | Hits: 56
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....he defendant Nos. 1 and 2 by filing written statement denying the material averments made in the plaint and stating, inter alia, that the suit is barred by limitation and is also bad for defect of party and that land measuring 6.88 acres belonged to Sabjan Nessa and the S. A. record w......hy;dant Nos. 1 and 2 by filing written statement denying the material averments made in the plaint and stating, inter alia, that the suit is barred by limitation and is also bad for defect of party and that land measuring 6.88 acres belonged to Sabjan Nessa and the S. A. record was prepared..Category: Property Law | Date: | Hits: 25
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
.... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. .......... (c) of any offence described in section 463 or punishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in suc..Category: Criminal Law | Date: | Hits: 45
Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
.... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ......5 of 2002 was registered. The petitioner before the High Court Division filed Arbitration Miscellaneous Case No. 645 of 1994 before the 3rd Court of Subordinate Judge impleading the opposite party in the revisional application with the prayer for appointment of sole Arbitrator and the par..Category: Alternative Dispute Resolution | Date: | Hits: 222
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ......ved "In the absence of any factual basis and any material on record, a Court of law cannot be expected to act on the. unsubstantiated submissions made by the learned Advocate of an interested party", and that law is now settled "that an ex parte decree can be set aside only on spec..Category: Property Law | Date: | Hits: 23
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789....... favour of the plaintiff, on the contrary informed the plaintiff through his learned Advocate that he paid rent in Court in House Rent Case No. 7 of 1994. The plaintiff alleged that he was not made a party in the said House Rent Case No. 7 of 1994 and was not aware about the house rent case. The pla..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ...... effect that defendant petitioner filed Miscellaneous Case No.34 of 1998 under section 5 of the Arbitration Act, 1940 for changing the Arbitrator wherein the learned Sole Arbitrator was also made a party as proforma defendant No. 4 and the defendant by filing separate petition also prayed for an..Category: Alternative Dispute Resolution | Date: | Hits: 192
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....ithin one year form the date of the delivery of judgment, which was delivered on 3.10.2004, being without any lawful authority and of no legal effect and that the order No. 9 suffers from inherent defect in that the time allowing the petitioner company in paying the decreetal amount within ......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..Category: Civil Law | Date: | Hits: 102
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