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Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

....ovide US Dollar 42.20 million to implement Jamuna‑Meghna River Erosion Mitigation Project (JMREMP); that total estimated costs involvement for the project is 61 million US dollars, out of which the Government will bear roughly one third of the total costs; the project included river protection wor......corporated certain terms and conditions in it which are statutory then the said contract to that extent is statutory; (d) where a statute may expressly or impliedly confer power on a statutory body to enter into contracts in order to enable it to discharge its functions and the contract so en..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....nfringes of the fundamental rights of the Petitioners as guaranteed therein……..(22) Cases Referred to- Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Ruhul Mannan Helali Vs. Government of Bangladesh and others, 8 BLC 34; Kazi Md. Amirul Islam Vs. Secretary, Ministry of Law,...... This Case is also Reported in: 57 DLR (2005) 248.                         ..

Category: Family Law | Date: 9 Dec, 2003 | Hits: 4

Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)

....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......demned prisoner Ershad Ali Sikder danced on Khaled's chest. Khaled was taken to Khulna Sadar Hospital where he succumbed to his injuries.  3. PW 21 Dr. Golam Mortuza held autopsy of the body of Khaled and found the following injuries:  (i) One lacerated wound on the ..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....school authority to report Compliance of the order dated 5‑10‑1993, a, there was no compliance of the order of the Board, the recognition of the school was then withdrawn on 28‑7‑1994 and all Government benefits were stopped with effect from all these, 1‑8‑1994, that in spite of the plai......r interference with the impugned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: ..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ...... of incident, was captived to lewdness of Md. Awal Fakir who is husband of her elder sister Tara Begum. Rehana Begum was deflowered. She sustained injuries on secret parts and some other parts of her body. She was taken to hospital and there she tasted the icy touch of death. Revolting and beastly i..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

....smissed. Ed. ...... 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. ..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)

.... This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ..

Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....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. ......l of the proceeding in accordance with law. Remand is also a method of disposal by a Court. By way of issuance of certiorari the Court is to see whether the authority concerned, or administrative, body has acted without bias observing the rule of natural justice as to fair hearing and whether th..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)

....harma vs Ariban Pishak Sharma and others AIR 1979 SC 1047; of 2000). Shivdeo Singh vs State of Punjab AIR 1963 SC 1909; State of Kerala vs PK Syed Akbar Sahib AIR 1988 SC 702; Azra Zaman Chowdhury vs Government of Bangladesh and others 34 DLR 247; Omar Faruk (Md) and others vs Government of Banglade...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..

Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

.... ......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Jashimuddin Vs. State, 2004, 33 CLC (AD)

....cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ......hallenged them, then they tried to flee away but one of them was caught and after interrogation he told that his name was Jashimuddin of Shaik Para, PS Ramganj. District Noakhali and on searching his body they recovered one bomb and four bullets from his pocket. He also stated that they have committ..

Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79

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. ......irjatan Daman Tribunal Comilla in Nari‑o‑Shishu Case No. 213 of 2002 is hereby quashed. Learned Tribunal is directed to proceed in accordance with law in the light of the observations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgm..

Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

.... First Appeal No.9 of 2000. Judgment AK Badrul Huq J.- This civil proceeding by way of First Appeal before this Court depicts a lamentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment ......aside those through medium of this First appeal before this Court. 22. Contentions pressed into service from the side of Plaintiff-appellant are catalogued hereunder: i. Government as Acquiring body did acquire the suit property along with other properties for Requiring body Dhaka Improvement ..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

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. ..

Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....rpur Mazar Co‑operative Market Society Limited, is the owner of three‑storied super market building at 1, Darus Salam, Mirpur, Dhaka on a land about three bighas leased out by the Government to the Society by the registered deed of lease dated April 24, 1981 ‑, that the la......nd is allotted to defendant No. 6 that will be prejudicial to the market and that would also deprive the people from holding meeting frequently and thereupon prayed for not to allot the land to anybody. So, it is seen that plaintiff has no interest of his own in the land in suit except that in c..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

....e suit property and for delivery of vacant possession of the suit property in their favour contending, inter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a regist....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..

Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171

Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others

.... (Special Original Jurisdiction) Present: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents ...... with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law." In th..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)

....e writ petition.  There is no order as to costs.   Ed. ......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ..

Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128

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. ......at the victim was placed for medical examination long after 30 days of the occurrence and, as such, it is reasonable that the medical officer who examined her could not notice any mark of rape on her body. He lastly submits that the prosecution is found to have proved its case by examining independe..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....een controverted by any tangible evidence it cannot be said they are not citizens of Bangladesh………………..(26) Cases Referred to- Speed Bird Navigation Vs. Bangladesh 27 DLR 170; Government of Bangladesh Vs. Abdul Hoque 1982 BLD (AD) 143; Government of Bangladesh Vs. ATJ Industr......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279