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BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
.... of the trade mark "Cock" (word and device) registered under No. 1294 in class‑ 34 in respect of safety matches in the names of the appellants. The Registrar of Trade Marks and the Government of Bangladesh (respondent Nos. 4 and 5 in CA No. 100/90 respectively) were respondents N......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....(AD) Rules 1973, replaced by the Supreme Court (AD) Rules 1988. He then filed a Writ Petition before the High Court Division (WP No. 1270 of 1989) seeking, among other things, a direction upon the Government and the Registrar of the Supreme Court to allow him to practice in the Appellate Divisio...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ..Category: Others | Date: | Hits: 92
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ative Tribunal dated 6.8.89 in Administrative Tribunal Case No. 172 of 1988. 2. The petitioner, a former Upazila Magistrate and Officer on Special Duty, Ministry of Establishment, Government of the People's Republic of Bangladesh, appeared in Person. 3. Following de...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
.... them. Appellant, No. 1 was suspended on 12 November, 1981 and Appellate No 2 was suspended on 26 December, 1981. Formal charge‑ sheet was submitted against them on 26th April, 1982 under the Government Servants (Discipline and Appeal) Rules, 1976 for "misconduct corruption". ......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......se of the appellant and other plaintiffs is that the Administrator (Defendant No. 1 of the suit) and other officers under him were served with the notice of status quo but the Administrator sent a body of persons to the market to demolish the shops. Appellant then showed a copy of the order of s..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....on and another collusively made a deal and that the appellant in particular by abusing his power and position helped them in the transaction and thereby caused a loss of Tk. 29,56,98,000.00 to the Government. Thus he committed offences under sections 409/406/423/218/109 of the Penal Code read wi......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ..Category: Constitutional Law | Date: | Hits: 150
.... the drums factory from the leasehold land for handing over the same to the Works Ministry. By a further Notice dated 18.6.88 (Annexure 'B' to the Writ Petition) issued under section 3 of the Central Government Lands and Buildings (Recovery of Possession) Ordinance, 1965, shortly the Ordinance, resp......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 68
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner. Vs ......ty to Women (Deterrent Punishment) Ordinance No. LX of 1983. The appeal was allowed and all the accused persons were acquitted upon a finding that they had not committed the offence in question. Nobody, including the State, challenged the order of acquittal; but the State has come here for expun..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......Fakir's party, variously armed, who had raided the house of Badsha Mia in the course of which Badsha Mia's brother, Lalmia, was killed and in that connection Idris Fakir received a fatal blow but nobody saw who had been the assailant. On this allegation a separate case was instituted in which pol..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF ......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
.... Dhanmondi Residential Area for the Jatiyo Party office. The Jatiyo Party filed a Money Suit, No. 16 of 1991, in the 3rd Court of the Subordinate Judge, Dhaka on 9.2.91 against the petitioner and the Government of Bangladesh claiming a sum of taka two crores which was kept with the petitioner as afo......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazm......nd to punish for contempt. Those provisions were declared ultra vires as there was nothing in Chapter III of the Constitution which justified judicial and non‑judicial functions being united in one body. 13. The case of Liyanage Vs. The Queen [1966] 1 All ER 650 is an aftermath of an abortive ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
.... 1972), read with the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment)Act, 1974 (Act No. LXVIII of 1974). The abandoned property, Pakistan National Oils Ltd., vested in & Government but there is no evidence that it was ever placed under Petrobangla for management Petrob...... is not maintainable, the appellant being a Private Limited Company. The Bangladesh Petroleum Corporation exercises its powers under the Articles of Association and not by virtue of being a parent body. The Corporation owns the Company. It makes the appointments and it dismisses the Officers and..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
.... is decreed. Ed. ......l who received the summons is indistinct. Moreover, the names of Mokabala witnesses in whose presence the summons was served have not been mentioned. There is no declaration and verification in the body of the summons. On these findings the lower appellate Court held that no summons was served u..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ost. Ed. ......to ascertain the real nature of the transaction and in doing so the court is not allowed to ignore the true and legal position that arises out of the document in which the parties have chosen to embody the transaction and must determine what is the true nature of the transaction. In the case of ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....ents and taxes. The suit property was requisitioned by the erstwhile Province of East Pakistan and after transfer the name of the plaintiff was mutated and be was paid monthly compensation by the Government. But subsequently the Government stopped payment and as such the plaintiff had to file T......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....d. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......at M/s MA Baker was the agent of M/s Transclear. Except the respondent's own assertion made in the writ petition there is nothing to show that M/s Transclear sold the goods to the respondent. It is nobody's case that the bill of lading was forwarded by M/s Transclear to the Banker of M/s MA Baker. E..Category: Business or Commercial Law | Date: | Hits: 130
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......om of Zahura Khatun and inflicted dao blows on her face and neck. This is the positive statement of the maker himself. PW 7 Dr. Md. Lutfor Rahman who held post‑mortem examination on the dead body of Zahura Khatun found the following injuries on her person: "(1) One incis..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... Beng LR 459; CP Mathen Vs. District Magistrate, Trivandrum AIR 1939 (PC) 213; Moslemuddin Sikder PLD 1957 Dacca 110 PLD 1957 SC 1; Abdul Hannan PLD 1959 Dacca 279 Abdul Baki Baluch 20 DLR SC 249; Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1; Government o......s orders of release were frustrated by serving a fresh order of detention on the detenu in jail, our High Court Division resorted to habeas corpus ad subjiciendum at recipiendum (that you have the body for submitting and receiving) and the corpus of the detenu was directed to be brought before t..Category: Constitutional Law | Date: | Hits: 365
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....No. 977 of 1988) Judgment: ATM Afzal J: There was a delay of 2 months 13 days in filing Title Appeal no. 127 of 1988 in the Court of the District Judge, Dhaka by the Defendant respondents (the Government and its officers) against a decree dated 22.3.88 declaring the plaintiff‑petitioners' t......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ..Category: Limitation Law | Date: | Hits: 185
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