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....ul 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 enacting that statute there was an exemption in the case of buildings owned by the governmen......appa and others, reported in (1991) 4 SCC 54, wherein it was observed that absence of open spaces and public parks in the present day, when urbanization is on the increase, rural exodus is on a large scale and congested areas are coming up rapidly, may give rise to health hazard.
13. Submissions ..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d. 5. The defence case, as it transpires from the trend of cross examination of the prosecution witnesses as well as the evidence of defence witnesses is, that of innocence and the act done at the time of doing it was by reason of unsoundness of mind and incapable of knowing the nature of the act......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....er started negotiations with the exporting country according to the direction contained in the tender documents. The petitioners filed an application to respondent No. 4 on 20-6-2004 for extension of time till 30-11-2004 explaining his engagement with the designated foreign countries for taking supp......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...Category: Business or Commercial Law | Date: | Hits: 186
Solaman Vs. State, 2005, 34 CLC (HCD)
.... 8 Khulna enlarged the petitioner on bail, since then the petitioner was absconding and charge was framed in absentia of the petitioner on 16-11-1999 under section 19(a) of the Arms Act. 6. At the time of trial the prosecution examined 8 witnesses and the defence examined none. After hearing the ......not by a juvenile Court and, as such, the conviction and sentence against the accused-petitioner is liable to be set aside. Furthermore, the accused-petitioner have gone thorough the motion of a full scale trial and that the trial itself was without jurisdiction and will be an act of injustice if he..Category: Criminal Law | Date: | Hits: 53
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....ing the judgment and decree dated 11-5-2003. 5. Being aggrieved by the impugned judgment and decree dated 17-9-2003, the plaintiff petitioners preferred this revisional application which is out of time by 285 days. 6. The plaintiff-petitioners in their application for delay stated that the pla......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....to bring the money and the accused party snatched away Taka 16,000 and his mobile phone from him. Accused Jamal brought a Litace car in front of the gate of the house to kidnap the informant. At that time when the accused persons were in deliberation in the other room, the informant broke the door a......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....e trial the charge was framed under sections 395/397 of the Penal Code against the convict-appellant and others to which the convict-appellant pleaded not guilty and claimed to be tried. 6. At the time of trial the prosecution examined 6 witnesses who were cross examined by the defence thoroughly......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351...Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....ed the incident to the Police Station which was recorded as Unnatural Death Case (Exhibit 3) and the same should be treated as the First Information Report as it was recorded at the earliest point of time, but the instant fist information report lodged on 6-5-2001 was nothing but the statement under......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
....e of rural electrification and greater interest of the people of the said rural area, which is a densely populated area. The inhabitants of the said area have been enjoying the electricity for a long time and have taken effective measures for enhancing their standard of living by promoting their liv...... 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...
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....originally belonged to Anfar Uddin, who died leaving the plaintiff as his widow, and two sisters, defendant Nos. 2 and 3. The defendant No. 1, Anfar Uddin's stepbrother's son, disclosed for the first time on the 1st day of Kartic, 1403 BS that Anfar Uddin executed and registered a Hiba-bil-iwaz deed......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....reof, after consulting relevant records and making such other enquiries as he deems necessary, direct excision of the fraudulent entry and his act in doing so shall not be open to appeal. At the same time, the Revenue-Officer shall make the correct entry after giving the parties concerned a hearing ......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...Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
.... last error the learned Sessions Judge has committed is in accepting the plea of guilty of the appellant in the midst of the trial of the case, totally overlooking that he did not plead guilty at the time of framing charge and also without ascertaining whether or not the appellant understood what he......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....thout jurisdiction. (3) The principal offender responsible for the death of the deceased could not be identified. (4) The learned Judge of the Druta Bichar Tribunal expressed his feeling and sentiment in the judgment which led him to pass the order of conviction and sentence upon the appellant......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. ..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ning the real question of controversy between the parties, but it could not be allowed if, it changed the nature and character of the suit or if the prayer for amendment had become barred by lapse of time and a right had accrued to the other side. One of the fundamental principles governing the amen......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. ..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....d Rule and an order of stay operation of the impugned order dated 23-11-2002 passed by the learned Additional Sessions Judge, 6th Court, Chittagong in Criminal Revision No. 234 of 2002 but in the meantime receiver handed over possession to the 2nd party to comply the order of the learned Additional ......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...Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ge has sentenced him to 1 year's rigorous imprisonment, which is the maximum sentence possible under section 448 of the Code. He further submits that the petitioner was a youth of 17 years age at the time of the occurrence and has already served 6(six) months in custody. He submits that the sentence......ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ..Category: Criminal Law | Date: | Hits: 61
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... trend of cross-examination, is that deceased Ansar Ali was engaged in sexual intercourse with the wife of accused Md. Abdul Mazid and when it was detected, the deceased tried to run away and at that time he fell down on the ground and got himself injured and due to profuse bleeding, he succumbed to...... 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...Category: Criminal Law | Date: | Hits: 93
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....he respondent co-counter statement and evidence were filed, consequently the case was fixed for hearing without the evidence of the respondent. However, from the impugned order it appears that at the time of hearing of the said rectification case the objector respondent filed counter statement and e......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...Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....n of the prosecution witnesses, appears to be of innocence, false implication, and old age of the convict appellant Ismail and his wife Anowara, and also of convict appellant Waliur's minority at the time of occurrence and trial. 5. In the petition of appeal, the appellants have taken the grounds......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....ed by the defendant No. 1 by filing a written statement. The case of the defendant, in short, is that the suit land of first schedule of the plaint originally belonged to Babu Ram and during his life time Babu Ram Singh sold out 30 decimals of land out of plot No. 1675 by a registered deed dated 09-......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ..Category: Property Law | Date: | Hits: 75
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