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Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......ne mile of the cold season bed of any river or channels of the Sylhet district. The elder brother of the petitioner applied for a licence to the respondent No.1 in 1988 to establish a Saw Mill as per provisions of Sylhet Forest Transit Rules, 1951. After completion of formal inquiry the respondent N..

Category: Environmental Law | Date: | Hits: 551

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......ember review committee on 5-2-2001 which maintained the earlier orders of rejection and accordingly, informed the decision to the petitioner by letter dated 4-4-2001. Thus, on compliance of different provisions of the Ordinance and on perusal and consideration of all the papers and documents produce..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......ection 7 of the Ordnance, 1983 is quoted below which runs as follows: Section 7. Qualifications and disqualifications of Chairman and members of Union Parishad.-(1) A person shall, subject to the provisions of sub-section (2), be qualified to be elected as, and to be, a Chairman or member if- ..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....n violation of the 'Master Plan'. With regard to the provision of the Government Building Act, 1899, he submitted that the requirement to give notice to the Municipal Authorities is directory and not mandatory and, as such, the fact that no notice was given does not make the construction illegal. ......een sanctioned by the appropriate authority as required by law, is illegal and without lawful authority. He submitted that there is no exemption accorded to the government and it is also bound by the provisions of section 3 of the Building Construction Act, 1952. He pointed out that at the time of e..

Category: Environmental Law | Date: | Hits: 484

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....uld follow the procedure as laid down in section 465 of the Code of Criminal Procedure for trial in case of a person being lunatic before Court of Session continued. The provisions of the section are mandatory and failure of the Court to do so rendered the entire subsequent proceedings illegal and i......d Judge of the trial Court should follow the procedure as laid down in section 465 of the Code of Criminal Procedure for trial in case of a person being lunatic before Court of Session continued. The provisions of the section are mandatory and failure of the Court to do so rendered the entire subseq..

Category: Criminal Law | Date: | Hits: 70

Solaman Vs. State, 2005, 34 CLC (HCD)

....ermined. We do not find any record of examination of the accused under section 342 of the Code of Criminal Procedure and after the conclusion of the prosecution evidence examination of the accused is mandatory and non examination of the accused under section 342 vitiates the trial. No explanation ha......e case of Shiplu and another Vs. State reported in 49 DLR 53 that the trial of a minor should be held by a juvenile Court and that the trial of the accused-petitioner was held in contravention of the provisions of section 6 of the Children Act. In the instant case the Magistrate as well as the trial..

Category: Criminal Law | Date: | Hits: 53

Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)

.... the learned Sessions Judge has failed to apply his judicial mind while refusing the admission of the appeal. He further submitted that in accompanying of copy of the judgment appealed against is not mandatory but the appellate Court may dispense it for the interest of justice and refusing admission......date of publication and that if such person fails 10 comply with such direction, he shall be tried in his absence. Section 12. The application of Criminal Procedure Code, etc. Not contrary to the provisions of this Act the provisions of the Code of Criminal Procedure will apply in the case of fi..

Category: Criminal Law | Date: | Hits: 65

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 58 DLR (2006) 405.......ssion and distribution of electricity without the consent of the petitioner or observing the legal formalities under the Rural Electrification Board Ordinance 1977 and any act in contravention to the provisions of the aforesaid Ordinance is without lawful authority and that the respondent No. 3 Boar..

Category: Others | Date: | Hits: 146

Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)

....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......d, particularly reports of the Charge Officer and Zonal Settlement Officer found some error in the orders of the Settlement Officer in appeals and, as such, he directed to take necessary steps as per provisions of Tenancy Rules. So, it cannot be said that the respondent No. 1 was totally without jur..

Category: Property Law | Date: | Hits: 62

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......sent to Druta Bichar Tribunal No. 1 for trial as absconding convicts Mokammel Hyeath Khan alias Moky and Nurul Islam Sagor alias Tapa Nurul Islam and Dulal and Ayub Ali (acquitted) were at large, the provisions of section 339B of the Cr.P.C. were complied with. At the commencement of trial, charge w..

Category: Criminal Law | Date: | Hits: 236

Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)

....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......ed any error of law resulting in an error in the decision occasioning failure of justice in not allowing the application for amendment dated 20-8-2003. 15. For the convenience of understanding the provisions of Order VI, rule 17 of the Code of Civil Procedure reads as hereunder: "Rule 17. The..

Category: Procedural Law | Date: | Hits: 99

Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)

....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......it statement. In the said case Mr. Justice Chowdhury ATM Masud held a different view that the Magistrate not empowered to pass an order of attachment under the 2nd proviso without compliance with the provisions of subsection (3) of section 145 of the Code of Criminal Procedure i.e. before serving co..

Category: Criminal Law | Date: | Hits: 55

Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)

.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......ded the confessional statement of accused Mazid under section 164 of the Code of Criminal Procedure. It is deposed that at the time of recording confessional statement, she had followed all the legal provisions and formalities necessary to be complied with. She deposed that the accused put his LTI o..

Category: Criminal Law | Date: | Hits: 93

Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)

....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......arned Advocate appearing for the petitioner, submits that in the interest of the petitioner mills the petitioner has rightly dismissed the respondent No. 2 from the service in compliance with all the provisions of law and that it is apparent from the impugned judgment and order that the Labour Court..

Category: Employment/Service Law | Date: | Hits: 67

Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)

....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......usiness house and are marketing their products under the trade mark with the word and device 'Crocodile' and they were given the registration of the said trade under class 25 after complying with the provisions law. The applicant could not claim to be the proprietor of the trade mark 'Crocodile' and..

Category: Intellectual Property Law | Date: | Hits: 189

Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)

....y an indirect reference in cross examination of PW 2. The result is the admitted joint trial of the then "child" Waliur Rahman with other adult accused persons. 24. The provision of section 6 is a mandatory provision and it must be followed in any criminal, trial unless specifically provided othe......r tried for, any offence together with an adult. (2) If a child is accused of an offence for which under section 239 of the Code or any other law for the time being in force such child but for the provisions of sub-section (1) could have been tried together with an adult, the Court taking cognisa..

Category: Criminal Law | Date: | Hits: 43

Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)

....at the trial Court ought to have considered from the records of Other Suit No. 105 of 1983 whether the summons were served upon the defendants of that suit properly and legally in accordance with the mandatory provisions of Order V, rules 15, 19 and 20 of the CPC and, in addition, the trial Court ou......al Court ought to have considered from the records of Other Suit No. 105 of 1983 whether the summons were served upon the defendants of that suit properly and legally in accordance with the mandatory provisions of Order V, rules 15, 19 and 20 of the CPC and, in addition, the trial Court ought to hav..

Category: Property Law | Date: | Hits: 83

Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......neral Secretary of the Trade Union is entitled to get protection from order of transfer from one place to another and that he can only be transferred from one place to another with his consent as per provisions of section 47B of the Industrial Relations Ordinance, 1969. The said provisions provide t..

Category: Employment/Service Law | Date: | Hits: 75

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......s the legality and propriety of the opposite-party No.2 to prefer an appeal under section 417 A(2) of the Code of Criminal Procedure where the impugned order of sentence has been enhanced because the provisions of law as laid down in section 417A(2) does not empower any witness or any other person t..

Category: Criminal Law | Date: | Hits: 60

Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)

....ent. Thus, the party cannot suffer due to the wrong advice of his Advocate of the trial Court. He further submits that the filing of document at the time of submission of the written statement is not mandatory but directory. There is a provision in Order VIII, rule 1 (5) of the Code of Civil Procedu......dure and is directed against an order No. 113 dated 6-2-2003 passed by the learned Joint District Judge, First Court, Dhaka in Title Suit No. 153 of 1992 rejecting an application for noncompliance of provisions of Order VIII, rule 1(5) of the Code of Civil Procedure. 2. The facts relevant for dis..

Category: Property Law | Date: | Hits: 131