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Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)

....neral For the Respondent. Criminal Appeal No. 2491 of 1993. Judgment SM Ziaul Karim J.- By this appeal convict appellant Manzu Sweeper has challenged the propriety of the judgment and order dated 15-11­1993 passed by the Special Tribunal No.8, Comilla in Special Tribunal Case No. 85 of 19...... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ..

Category: Criminal Law | Date: | Hits: 40

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

....r, Advocates—For Respondent No. 2. Trade Mark Appeal No. 24 of 2002. Judgment Md. Awlad Ali J.- This appeal under section 76 of the Trade Marks Act, 1940 arises out of an order dated 21-8-2002 passed by the Deputy Registrar of Trade Marks in Rectification Case No. 295 of remov......ries have been given an extension until 1-7­2003 to provide protection for Trade Marks, Copy Right, Patents and other Intellectual property under the World Trade Organisation's agreement following a decision reached by member countries on 29-11-2005. In that regard, our opinion is that this kind of..

Category: Intellectual Property Law | Date: | Hits: 198

Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)

.... and 2. Civil Revision No. 61 of 1985 (Rangpur). Civil Revision No. 6752 of 1991 (Dhaka). Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Judge, Thakurgaon, in Other Class Suit No. 51 of 19......le a fresh suit on the same cause of action is to be regarded as one indivisible whole, and it is not open to the permission to bring a fresh suit. The simple withdrawal has affected the merit of his decision which has caused failure of justice. 15. It is thus abundantly clear that the learn..

Category: Property Law | Date: | Hits: 23

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....l Kabir Advocates—For the Respondents. Appeal from Original Decree No. 333 of 1997. Judgment SK Sinha J.- Opposite party No. 1 preferred this appeal from the judgment and order dated 9-10-97 of the District Judge, Khulna in Miscellaneous Case No. 176(A) of 1985, a proceeding u...... that even a person who has an interest, however, slight, and even the bare possi­bility of the interest, is entitled to oppose a testa­mentary paper. In support Of the contention he has cited some decisions. We do not dispute the conten­tion of the learned Advocate. As observed above, the respon..

Category: Property Law | Date: | Hits: 68

Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)

....ondent No. 2. Writ Petition No. 3316 of 2004. Judgment Nazmun Ara Sultana J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the judgment and order dated 29-5-2004 (Annexure-G) passed by the Chairman, 2nd Labour Court, Chittagong in RO Case No. 19 ......s case under section 34 of the Industrial Relations Ordi­nance as well as the impugned judgment passed in that case were maintainable. In support of this contention, the learned Advocate has cited a decision of this Court reported in 32 DLR 164. 7. For better appreciation of the arguments ad..

Category: Labour and Industrial Law | Date: | Hits: 114

Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)

....se 6f the Rule. So, the Rule be treated as ready and the same be taken up for hearing. 2. Rule was issued calling upon the opposite party to show cause as to why the impugned judg­ment and order, dated 27-8-2005, passed by the Additional District Judge 5th Court Dhaka, in dis­missing Civil Revi......rejected the civil revision against which the present petitioner moved this Court under section 115(4) of the Code of Civil Procedure and obtained the Rule. 4. In this Rule, the main point for decision is whether Title Suit No. 209 of 2002 can be stayed or not or the order of simultaneous hea..

Category: Civil Law | Date: | Hits: 82

Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)

....dur Rashid J.- In the aforesaid Rules Nisi, the only issue that is raised is as to whether or not the enhancement of the customs duty on the Grey Portland Cement by the Notification being SRO No. 233 dated 20-10-1998 by reducing exemption under section 19 of the Customs Act, 1969, hereinafter referr......onstruction of delegated legislation. At the time, he submitted, section 30A of the Act was not yet added. 12. We have perused the records of the cases as are available. We have also read the decisions cited. In order to appreciate the submissions of the learned Advocates, we need to read th..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)

....cturer in Arabic in the National University on the basis of the appointment letter, vide সূত্র নং ০১ (৫৬৯) জাতী:বি:/প্রশা:/ ২০০১/১/৬৪৯৮ dated 22 February 2005 of respondent No. 1 issued under the signature of respondent No. 3 on the rec......urt. He, however; sent minutes of the 77th Syndicate meeting held on 17-­3-2005 (approving the action of the Vice-Chancellor staying the appointment of the petitioner and also making ineffective the decision as to the appoint­ment of the petitioner. Having scrutinised the trans­mitted records, th..

Category: Employment/Service Law | Date: | Hits: 65

Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)

....ent Md. Abdur Rashid J.- This Rule was obtained on behalf of the minor by his mother upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 27-4-95 passed by Additional District Judge, 7th Court at Dhaka in Miscellaneous Appeal No. 15...... to dispose of the case. For this mistake of the learned District Judge, the petitioner cannot be held responsible nor his application would fail. Had the mistake been found to have resulted from the decision of the learned District Judge in the exercise of a jurisdiction under section 388(4) of the..

Category: Property Law | Date: | Hits: 36

Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)

....uddin Mahmud with Murad Reza, Advocates— For Opposite Party Nos. 1-2. Civil Revision No. 1188 of 1993. Judgment Md. Tafazzul Islam J.- This Rule is directed against the judgment and order dated 31-3-93 passed by the learned Subordinate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Ca......aside the ex parte decree and accept the written statement filed on 17-3-93. Earlier, after hearing the learned Advocates of both the sides, we by our order dated 10-7-2000, in view of conflicting decisions on the present issue, referred the matter to the learned Chief Justice so that a special b..

Category: Procedural Law | Date: | Hits: 67

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

....s have been convicted on different counts by separate trials, we are disposing of these appeals analogously by this judgment. 2. Criminal Appeal No. 2468 of 2002 arose from the judgment and order dated 22-5-2002 of the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka in Metropolitan Sessi...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...

Category: Criminal Law | Date: | Hits: 90

Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)

....ivil Revision No. 2719 of 2003. Judgment AKM Fazlur Rahman J.- This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 31­5-2003 passed by the Additional District Judges Bankruptcy Court, Dhaka, in Title Appeal N......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...

Category: Criminal Law | Date: | Hits: 29

Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....Judgment Tariq-ul-Hakim J.- These Rules Nisi have been issued calling upon the respondents to show cause as to why the Credit Information Bureau (CIB) Lists /reports issued by the respondent No. 1 dated 31st July, 2001 bearing reference No. CIB-3 (30) 200­7504-dated 1-8-2001 and the CIB Lists da...... meaning of section 5 Gaga of the Bank Com­panies Act, 1991 and, as such, including their names in the CIB List is clearly illegal and ought to be struck down and in this connection he relies on the decisions reported in 1 Law Guardian 343 and2005 BLD (AD) 239 and the unreported decisions of t..

Category: Banking Law | Date: | Hits: 124

Begum Khaleda Zia Vs. Secretary, Ministry of Defence, Government Of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others, 2010, 39 CLC (AD)

.... For Respondent Nos.1,3,4 and 5. Not represented- Respondent No.2. Date of hearing: November 29, 2010. Civil Petition for Leave to Appeal No. 2300 of 2010 (From the judgment and order dated 13.10. 2010 passed by the High Court Division in writ petition No. 2910 of 2009.) Order ......ccordingly rejected. However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess. This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14...

Category: Property Law | Date: | Hits: 73

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....tioner was trans­ferred from the post of Civil Surgeon, Jhenidah to the post of Assistant Director, Health Directorate, Dhaka, vide memo No. পার-২/১-৬(অংশ)/৫৪৬/১(১০০) dated 22-10-2006 under the signature of respondent No. 3. Subsequently, the respondent No. 3 vide he......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ..

Category: Employment/Service Law | Date: | Hits: 89

Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)

....public limited company (hereinafter called ‘the Company’) to hold Annual General Meetings of the Company for the years 1982 to 1997 after due compliance with the directions contained in the order dated 19-3-1998 passed by this Court on an application under Sections 81(2) and 85(3) of the Compani......ervice of notice on a director invalidated the proceedings of a meeting of the Board of Directors of Ittefaq Group of Publications Limited. Their Lordships of the High Court Division arrived at above decision on due consideration of some cases reported in AIR 1973 (Vol. 60) SC 2389, AIR 1958 (Punjab..

Category: Company Law | Date: | Hits: 222

Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)

.... 2795 and 2796 of 1998. Judgment Kazi Ebadul Hoque J. - These five Rules were issued at the instance of the petitioner Shamshad Asif calling upon the respondents to show cause as to why orders dated 18-8-98 passed in Bankruptcy Case Nos.1 to 5 of 1998 pending in the Bankruptcy Court, Dhaka sh......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...

Category: Civil Law | Date: | Hits: 78

Abul Khair and others. Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others, 2009, 38 CLC (AD)

.... Ahmed, Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent Nos.1-6. Not repre­sented- Respondent No. 7. Civil Appeal No. 196 of 2003 (From the Judgment and Order dated the 15th day of June, 2002 passed by the High Court Division in Writ Petition No.6796 of 2001)......edical Officer under sub-clause (1) may on payment of such fees as may be determined by the Board, prefer an appeal to be Vice-Chairman for his medical examination or constitute a Medical Board whose decision shall be final. Sub-section (3) provides that a registered dock worker may be required by t..

Category: Labour and Industrial Law | Date: | Hits: 109

Md. Alamgir Hossain and others Vs. Bangladesh Bank, repre­sented by the Governor and others, 2009, 38 CLC (AD)

.... Nos.1 and 2. (In all the cases). Not represented- Respondent Nos. 3-4 (In all the cases). Civil Petition for Leave to Appeal Nos. 1309-1310 and 1317-24 of 2008. (From the judgment and order dated the 23rd day of March, 2008 passed by the Administrative Appellate Tribunal in A.A.T. Case No....... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ..

Category: Administrative Law | Date: | Hits: 215

Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)

..... 194, on 10th August, 1999, registration of the trade mark 'Lucky' was accorded on 15th December, 1999, in Class‑6 in respect of CI. Fittings including tubewell. The said registration, by an order dated 9‑3‑2000, was renewed for a further period of 15 (fifteen) years, with effect from 30th S......andard Oil Company (New Jersey) 1927 AC 632, to disallow registration of a similar trade mark. 24. This legal position is now well established. Reference in this respect may be made to some of the decision, such as, McDowell Vs. Standard Oil Company (New Jersey) 1927 AC 632; Aristoc Ltd. Vs. Ayst..

Category: Intellectual Property Law | Date: | Hits: 175