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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. ......l border the Government feels it very much necessary to make uniform rules in the country in respect of establishment and running of saw-mills for the greater interest of the nation. With that end in view the Government framed Saw-mills (Licence) Rules, 1998 under section 41 of the Forest Act 1927 a..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. ......er to attend to a hearing on 5-2-2001 which the petitioner duly abided by. Thereafter, when the petitioner found delay in getting the reply from the National Board of Revenue on its application for review, wrote another letter dated 7-5-2001 to the respondent No. 1 to grant tax exemption to the peti..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......uit No. 49 of 1957 and order dated 28-3-1961 passed in Case No. 4222/60-61 for correction of the record of rights, he submits, the plaintiffs are not entitled to any decree. 16. He submits that in view of the fact that the record of rights under the State Acquisition and Tenancy Act was wrongly p..Category: Property Law | Date: | Hits: 79
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. ......ntly held that after declaration of the election schedule, all disputes are election disputes and such disputes should be resolved by the Election Tribunal. The Indian Supreme Court took even a rigid view against interference in any intermediate stage of election by any Court. In this connection rel..Category: Election Law | Date: | Hits: 87
.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441....... within the definition of interested person as enunciated in the case of Dr. Mohiuddin Farooque, cited above. He submitted that an indeterminate number of citizens would be affected from the point of view of the effect of the construction on the environment. The general public who mill around that a..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
.... trial Court to the effect that the accused had some unknown motive to cause such act which the prosecution has failed to find out. With this regards he submits that such observation is absolutely an erroneous one of the learned Judge by which he evidently fell in error in coming to his ultimate dec...... merit in the submissions advanced by the learned Assistant Attorney-General for the respondent. 45. Having considered the facts and circumstances of the case and foregoing narrative we are of the view that the offence as alleged by the prosecution will come within the purview of general exceptio..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....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.......provided for arbitration of disputes arising out of the contract, the dispute brought in the Writ jurisdiction was not maintainable for non-exhaustion of the remedy provided in the contract. 9. In view of the aforesaid pronouncement of the Appellate Division, we do not like to enter into the meri..Category: Business or Commercial Law | Date: | Hits: 186
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....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....... Thereafter, she communicated the matter to the brother of the deceased Sk. Md. Tariqul Alam and decided to file a revisional application against the impugned judgment and decree and with that end in view, they managed to obtain the certified copy of impugned judgment and decree and thus there has b..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....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. ...... and not from the date of judgment and in the instant case it appears from the judicial record that the petitioner learnt about the judgment on 24-10-2004 and the appeal was filed on 1-11-2004 and in view of the fact of knowledge, the appeal was filed within time but the learned Sessions Judge has f..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....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.......onfessing accused has totally failed as against the other accused, namely, accused Bahadurul Islam @ Vhanu, accused Bashikka, Md. Soleman, Shushil Ghose and Md Hossain for want of proof we are of the view that in such a situation we can take suo motu cognisance of the matter under section 439 of the..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....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.......d disclosure of material facts renders his testimony doubtful. In such a case the Court should reasonably infer that the story of recognition of the assailants was a subsequent embellishment. Similar view was taken in the case of Nawabul Alam and others Vs. State reported in 1995 BLD (AD) 55. Having..Category: Criminal Law | Date: | Hits: 55
.... 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.......sioner, as the case may be, in accordance with any law for the time being in force."
13. From a clear reading of sections 19 and 20 of the Rural Electrification Board Ordinance, 1977 we are of the view that these 2 sections should be read together. In other words, section 19 should not be read di..
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....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.......f the alleged gift to the defendant No. 1, nor was there any evidence adduced in support of consideration having ever been made in exchange for the gift. Additionally, a most damning evidence, in the view of the trial Court, comes from the PW 3, incidentally the son of the defendant No. 1, to the ef..Category: Property Law | Date: | Hits: 82
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....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.......els any doubt that the accused did not understand the full implication of the offence mentioned in the charge. 10. A plea of guilty is not a confession such as is dealt with in the Evidence Act in view of the fact that there are no pleadings in a criminal Court and an accused person cannot be jud..Category: Criminal Law | Date: | Hits: 51
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. ......C. Therefore, we do not find any loophole in the examination of appellant Mokbul Hossain alias Mukul under section 342 of the Cr.P.C. Had there been any such delect, that would not have been fatal in view of me pronouncement of the Appellate Division in the case of Mizanur Rahman and others Vs. Stat..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ports the Rule and submits that the learned District Judge misconceived the moot point in order to dispose of an application filed Under Order VI, rule 17 of the Code of Civil Procedure, thereby took erroneous view, causing miscarriage of justice. He adds that the proposed amendment will not change ......Rule and submits that the learned District Judge misconceived the moot point in order to dispose of an application filed Under Order VI, rule 17 of the Code of Civil Procedure, thereby took erroneous view, causing miscarriage of justice. He adds that the proposed amendment will not change the nature..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....e learned Additional Sessions Judge illegally interrupted and diverted the ordinary course of Code of Criminal Procedure which cannot be supported by this Court. The learned Additional Sessions Judge erroneously stayed all further proceeding of the said criminal proceeding which cannot be appreciate......emergency of the situation demands that It is not necessary that notice must be served on the parties to appear and submit 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 ..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....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. ...... that the petitioner and others arrived at the restaurant of the victim armed with deadly weapons and attacked him and, therefore, I do not find any error or illegality in the conviction. However, in view of the fact that the petitioner was aged only 17 at the time of occurrence and there is no spec..Category: Criminal Law | Date: | Hits: 61
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........ He denied the suggestions of the defence side that accused Mazid was subjected to physical torture and that he was compelled to make confessional statement under such coercion and threat. 37. In view of the aforesaid evidence discussed above, it is clearly evident that though there is no eye-wi..Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....ecially laid down the procedure to be followed in dismissing a worker or Labourer for misconduct. The learned Labour Court failed to appreciate the law involved in this case and thereby arrived at an erroneous decision allowing the Complaint Case No. 29 of 1996 in favour of the respondent No. 2 and,......int Case No. 29 of 1996 was contested by the Managing Director of the respondent No. 1 by filing a written objection admitting the dismissal in question, of the respondent No. 2 it is to be deemed in view of the decision as above reported in 1987 BLD (AD) 182 that the said dismissal order has been p..Category: Employment/Service Law | Date: | Hits: 67
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