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A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
....respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......ts name and trade mark got the plaintiff No. 2 Company incorporated in 1997with the proforma defendant No. 4. In order to protect its trade name, the plaintiff No. 1 on 15‑4‑2001 filed trade mark application Nos.70034, 70035, 70036 and 70047 under clause 21 with the Registrar of Trade Marks. The..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 417(3) 'Special limitation' as provided in sub‑section (3) of section 417 of Cr. P. C. has no manner of application in respect of an appeal arising from the judgment of acquittal passed in a case initiat..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ff, the learned Attorney‑General appearing for the respondent Government, has, however, while adopting the submissions of the learned Counsel for the appellants, submitted that in order to maintain application for mandamus the writ petitioner had to establish his legal right which the writ petitio..Category: Others | Date: 10 Dec, 2003 | Hits: 261
....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......court of fact having legally reversed the finding of the trial court and the High Court Division in their revisional jurisdiction having committed, no illegality in summarily rejecting the revisional application there is nothing to interfere. ………………………(11)
Cases Referred to-
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Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......rmance of contract and while the said suit was pending, the property was enlisted in the 'Ka' list of the abandoned properties. The respondent No. 1, on coming to know about such enlistment, filed application before the First Court of Settlement challenging the enlistment of his property in the ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....;1998 passed by a Division Bench of the High Court Division in Writ Petition No. 670 of 1994 making the Rule absolute and sending back the Complaint Case No. 122 of 1992 to the respondent No. 1 for fresh trial with direction to decide the case in the light of the observations made in the impugne......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....ision taken in the matter of cancellation of allotment in the circumstances of the case cannot be considered malafide or lacking in fairness and transparency and as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority……â€......9, that in 1990 they submitted a plan to the RAJUK for its approval to construct a 4‑storied building and the same was duly approved by the RAJUK, that they could not start construction since their application for loan was not processed by the House Building Finance Corporation, that as per terms ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......ined against the order dated September 19, 2000 (order No. 16 dated 19‑92000) of the Court of Senior Assistant Judge, Charfesson, Bhola, in Title Execution Case No. 1 of 1999 rejecting the application seeking stay of further proceedings of the said Execution Case. The Execution case was f..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ...... become infructuous if the injunction is not issued restraining the defendant as prayed for and there will be multiplicity of litigations. 3. Upon filing of the suit the petitioner filed an application under Order XXXIX, rule 1 of the Code of Civil Procedure on 14‑6‑2000 and t..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......the Petitioner. Md. Mansur Habib with Luthfunnessa Lucky, Advocates‑ For the Opposite-Parties. Criminal Miscellaneous Case No.7500 of 2003. Judgment Sheikh Rezowan Ali J.- On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ...... ‑ For the Petitioner. Alamgir Kabir, Assistant Attorney General ‑ For the Opposite Party‑State. Criminal Miscellaneous Case No. 3384 of 2003. Judgment Sheikh Rezowan Ali J. - On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
.... Rules were made absolute setting aside the order dated 103‑1993 passed by the Additional Sessions Judge, Cox's Bazar and sent the case back on remand to the learned Sessions Judge, Cox's Bazar for fresh hearing of the revisional case No. 72 of 1987 and decision in accordance with law. After the s...... Criminal Procedure shall stand dropped and the second party respondents shall be entitled to get back possession of the suit property with income from the receiver and the Court concerned. 2. An application under section 144 of the Code of Criminal Procedure was filed by the first party‑appel..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ...... to produce any witness within the specified period of time the criminal proceeding was stopped under section 339(C) (4) of the Code of Criminal Procedure and the petitioner was released. He filed an application for reinstatement in the service with all benefits. The petitioner was allowed to join i..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....Being aggrieved by and dissatisfied with the judgment and decree dated 8‑3‑1998, the appellant preferred First Miscellaneous Appeal No. 61 of 1998 before the High Court Division with a fresh Bank guarantee for the awarded amount. That the High Court Division dismissed the said First ......inst order No. 12 dated 23‑11‑1999 passed by the Court of Subordinate Judge and Commercial Court No. 2, Dhaka in Title Execution Case No. 21 of 1998 allowing amendment of the execution application by way of inserting Taka 38,25,141.53 towards interests and costs. 2. This ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......y the defendant Nos. 1‑5 that layout plan of the area was modified and the land leased out to the defendant No. 6 has been classified as institutional plot, that the defendant No. 6 filed an application to the authority for the allotment of the land for the purpose of constructing a hospit..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......d fixed the date of auction on 2‑3‑2000 for sale of the attached properties. However, by order dated 19‑2‑2000 passed in Miscellaneous Case No.14 of 2000, which was started on the basis of an application filed under Order XXI rule 58 filed by one Rowshan Ara, who claimed ownership on the mor..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....jectable tenant by executing a deed of agreement dated 22‑3‑90 for a period of 2 years at a monthly rental of Taka 35,000 payable accordingly to English Calendar Month. The lease was renewed by a fresh lease deed executed on 10‑3‑1992 and rent was fixed at Taka 40,000 for the first 3 years c......nother reported in AIR 1965 SC 1923 in support of his contention that the principle embodied in section 111 (g) is equally applicable to tenancies. We do not find that this decision has any manner of application in this case. He has referred to the case of Chandra Nath Mukherjee Vs. Chulai Pashi and..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ......so did not state vividly about the occurrence. Be the case as it may, the prosecution has failed to come with any circumstantial evidence to prove the story of alleged rape. It is a rule of universal application that to convict a person for an offence of rape the testimony of the prosecutrix must be..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....tention of making that country his permanent home. In other words, the domicile of origin is not lost by mere temporary abandonment. Domicile of origin acquired subsists until it is replaced by a fresh domicile of choice." 23. The law of abandoned property contains in its definition the ......al No. 31 and the judgment and order dated 26‑11‑1992 in Case No. 3 of 1992 by the First Court of Settlement refusing to exclude the house from the said 'Ka' list on the purported ground that the application before the First Court of Settlement was barred by limitation. 2. The writ‑petit..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....e High Court Division and the High Court Division allowed the appeal holding that there was no materials on record to show that Abdul Aziz was an Indian National and sent the appeal on remand to take fresh evidence whether Abdul Aziz was an Indian National or not by the judgment and order dated 16-&......y of the execution proceeding and the decree holder put the decree into execution being Title Execution No.36 of 1969 and during the proceeding of the said execution case the judgment-debtor filed an application under section 47 of the Code of Civil Procedure, putting objection that one of the decre..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
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