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Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....999 (Annexure-A) vide Memo dated 30th June, 1997 (Annexure B) and the licence was cancelled by the impugned order dated 14-2-2000 (Annexure D). In all these matters the impugned orders were issued in identical terms and the respective petitioners obtained these Rules in identical terms. Since all th......red to be ultra vires of Article 40 of the Constitution and or such other or further order or orders passed as to this Court may seem fit and proper. 2. These Rules Nisi have arisen out of similar questions of facts and law and, as such, these Rules are heard together and are being disposed of by......ra vires of Article 40 of the Constitution and or such other or further order or orders passed as to this Court may seem fit and proper. 2. These Rules Nisi have arisen out of similar questions of facts and law and, as such, these Rules are heard together and are being disposed of by this single ..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. ......rders in rejecting the prayer for tax holiday against the petitioner companies. 10. Heard the learned Advocate and perused the petition along with the annexures and the decisions as well. The main questions raised in these two writ petitions are, whether an undertaking established with new machin......y to the expansion of unit of an existing undertaking which has not applied for accelerated depreciation under para Nos. 7 or 7 A of the Third Schedule. In the aforesaid case it was held that "on the facts, that the assessee petitioner was entitled to get benefit by section 15C of the Income Tax Act..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. ......rcumstances and/or ingredients to prove a transaction 'Benami' but they cannot be taken to be the dominant circumstances. Of course, no hard and fast rule can be prescribed for guidance to decide the question of 'Benami'. Every case of 'Benami' has to be decided having regard to its peculiar facts a......tiffs from being decreed. 22. The issue facing me is, whether or not the appellate judgment and decree affirming those of the trial Court decreeing the suit in its entirety are well founded on the facts and circumstances of the case and the evidence, oral and documentary, on record and in law. ..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. ...... also reveals that the date of birth of Mir Kashem, son of Sirajul Monir, Roll No. 208781 is 2-2-1984. The petitioner alleges that this Mr. Kashem is respondent No.6 in the present Writ petition. The question is, whether we can rely on Annexure-A and hold that the date of birth of respondent No.6 is......ad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem lit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a resident of Village-Ka..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.......ositive requirement that the government serve notice of any intended construction upon the Municipal Authority. Thus, the construction is strictly without lawful authority, but there could not be any question of demolition of the buildings as provided under section 3B (5)(d) of the Building Construc...... in violation of the original plan and the Building Construction Act, 1952 and the gradual disfiguring of the Jatio Sangshad Bhaban area by allowing illegal and unlawful construction works.
2. The facts of the case are as follows:
In June 1959 the Central Government of Pakistan decided to est..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....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. ...... death and ante mortem and homicidal in nature. It is indisputable that the slain Emdad Ahmed Afzal was lynched and facts leading to the murder have not been challenged by the defence. 33. Now the question calls for our consideration whether the act of the accused was by the reason of his unsound...... upon the cadaver and found as many as three bullet injuries which were the cause of death and ante mortem and homicidal in nature. It is indisputable that the slain Emdad Ahmed Afzal was lynched and facts leading to the murder have not been challenged by the defence. 33. Now the question calls f..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.......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....... and Refrigerated Storage Equipment under Expansion and Modernisation Project of Rural Development Academy Farm, Bogra should not be declared to have been made without any lawful authority. 2. The facts necessary for the disposal of the Rule are: Respondent No. 4 floated tender vides notification..Category: Business or Commercial Law | Date: | Hits: 186
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......ed occurrence took place on 19-5-1999 and as such; it appears that the accused petitioner was a student of Class-VII at the time of commission of the offence and below 16 years of age. From the above facts and circumstances we find that the accused-petitioner ought to have been tried by a juvenile C..Category: Criminal Law | Date: | Hits: 53
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.......n the period of limitation. 18. What constitutes sufficient cause cannot be laid down by hard and fast rules. It must be determined by a reference to the circumstances of each particular case. The question whether a cause is a 'sufficient cause' is a question of fact in each case. The sufficient ......the fate of appeal and filing of revision has been of such a character that it would be proper to condone the period of delay that has occurred beyond the period of limitation. 23. Considering the facts, circumstances and materials on record, it appears to us that illness of Sk. Mohammad Reazul H..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. ......or determination is whether the learned Sessions Judge committed illegality or irregularity in passing the impugned judgment and order dated 1-11-2004 in the light of the above discussion. 17. The question whether an appeal is barred by limitation or not or whether he had been prevented by just a......a Dighayee of Ain Sinkhole Bignakari Aparadh Daman (Druta Bicher) Ain, 2002 in his absence. 6. Prosecution has examined 4 (four) witnesses in his absence and the learned Magistrate considering the facts and circumstances of the case and evidence on record convicted the accused petitioner by his j..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.......ion of the accused in the commission of the offence, no conviction can be passed on the basis of surmises or any other hypothesis. Hence, the appellant is entitled to acquittal. 20. Next comes the question what will happen to the other accused persons who were tried in absentia and convicted and ......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)
....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.......nal bleeding and septicemia which was ante mortem and the nature of death could be ascertained by the circumstantial evidence. So we do not find any definite opinion as to the cause of death. Now the question calls for our considerations, how far the prosecution could prove the complicity of the app......-2000 at 2-00 PM she died of excessive bleeding. He reported the incident to the police station, wherein UD Case No. 11 of 2000 dated 9-7-200 (Exhibit 3) was recorded. He (PW 2) did not disclose such facts either in Exhibit 3 or in the statement to investigation officer (PW 13). PW 3 testified that ..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.......Annexure- E) by the Cantonment Executive Officer, Savar Cantonment, Dhaka.
3. Being aggrieved by the conduct of the respondents for not removing the unauthorized pole from the petitioner's land in question, the petitioner was compelled to file the writ petition before this Court and obtained the ......t making payment to the owner/occupier for all necessary damages caused to the property. For the aforesaid reasons we are of the view that the PBS Policy Instruction No. 3004 is not applicable in the facts and circumstances of the present case. It appears that the respondents in violation of the pro..
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.......at the registration proceedings were regular and honestly carried out. In this regard, that Court further noted pertinently that from the plaint it is evident that though the plaintiff has raised questions about the fact of execution of the deed she has not raised any specific objection as to th......r or of fraud and collusion resulting in the execution and the registration of the deed. 8. It is at this juncture that the lower appellate Court is found to embark upon a detailed analysis of the facts and evidence before it and of the relevant law attracted to this case. The starting point for ..Category: Property Law | Date: | Hits: 82
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.......cate appearing for the respondent No. 4 and perused the writ petition, affidavits-in-opposition filed by the respondent Nos. 1 and 4, the impugned orders and the Annexures filed therewith. 10. The question to be decided in this case is, whether the Director of Land Records and Surveys was legally......xure A to the writ petition. Admittedly, the petitioner filed the appeals as above under Rule 31 before the Appellate Officer (Settlement Officer) who having heard both the parties and considered the facts, circumstances and materials placed before him allowed the appeals on 21 -12-1999 by creating ..Category: Property Law | Date: | Hits: 62
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.......lained of does not amount to an offence, the so-called plea of guilty is no more than an admission on the part of the accused that he had committed that act which is alleged to be an offence. But the question whether the act complained of does or does not constitute an offence according to law is ob......al case, by how he pleads or fails to plead in the proceeding. The plea of guilty must distinctly admit each and every fact necessary to constitute the offence. An accused person pleads guilty to the facts, which purport to disclose an offence under that section. 11. In the case of Emperor Vs. Ka..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....th Mr. Md. Yunus Ali Akhond appeared on behalf of appellant SM Masum Billa in Criminal Appeal No. 2279 of 2003 and Mr. MA Jalil on behalf of appellant Masum in Criminal Appeal No. 2087 of 2003. Their identical submissions are as follows: (1) Except the confessional statements of the co-accused th......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. ......peated their innocence. They, however, declined to examine any witness. Some of the accused filed written statements which were incorporated in the forms of section 342 of the Cr.P.C. 13. Considering facts, circumstances and evidence on record, the learned Judge of Druta Bichar Tribunal convicted an..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. ......itioner. Omar Farook, Advocate—For Opposite Party No. 1. Civil Revision No. 2315 of 2004. Judgment Syed Md. Ziaul Karim J. - This Rule, at the instance of plaintiff-petitioner, calls in question the legality and propriety of the order dated 24-4-2004 passed by the learned District Judg......he learned Joint District Judge, Second Court, Cox's Bazar in Other Suit No. 39 of 1999/186 of 1994 rejecting the application filed under Order VI, rule 17 of the Code of Civil Procedure. 2. Short facts leading to this Rule are that on 27-8-1994 the petitioner as plaintiff instituted Partition Su..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.......f he considers that it is a case of emergency immediately after drawing up proceeding under section 145 of the Code of Criminal Procedure. Such majority view was upheld by the Appellate Division. The question arises before us now that whether this Court in exercise of power of jurisdiction of 561A o...... hand over possession to 2nd party and accordingly, the receiver handed over possession to the 2nd party and order of the learned Sessions Judge has been acted upon. The petitioner by suppressing the facts of handing over possession to the 2nd party obtained Rule in Criminal Miscellaneous Case No. 1..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. ......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. ......ring appeal against the judgment and order dated 2-10- 1993 passed by the learned Additional Chief Metropolitan Magistrate Court, Dhaka in GR Case No. 3046 of 1992, should not be set aside. 2. The facts relevant for the disposal of the Rule, in brief, are that on 8-6-1992 at about 5-30 PM the pet..Category: Criminal Law | Date: | Hits: 61
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