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

.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:...... Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Director General, BWDB and others…………..Petitioners Vs. BJ Geo Textile Ltd. and another……………….Respondents Judgment Decembe......e customer would pay less if lots 1 and 4 are allotted to the writ‑petitioner No.1 then a total of Taka 27,78,52,298 instead of Taka 28,94,45,778 would be spent, that in order to save money for the State and the Authority, the purchaser should stick to clause 14.4 of Instruction of Bidders and dis..

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

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. ......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. ......ision (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J  Ershad Ali Sikder (Md) ...........Petitioner Vs. State ……. Respondent  Judgment December 9, 2003. ...... (Criminal) Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J  Ershad Ali Sikder (Md) ...........Petitioner Vs. State ……. Respondent  Judgment December 9, 2003. ..

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

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. ......l proceeding by way of Death Reference and, also, Criminal appeal and Jail appeal puts on display a paradigm how father and mother betrayed the cause of their own daughter, the victim of crime Rehana Begum, on burying the factuality into deep debris before a Court of law in a dehumanising and revolt...... High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Abu Tariq J State ................................................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7,......Ed This Case is also Reported in: 56 DLR (2004) 647. ..

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

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

.... 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. ......struction or otherwise between the date of issuance of the show cause notice and the date of cancellation of the lease, that the High Court Division failed to appreciate properly the decision of Moni Begum vs. RAJUK, 46 DLR (AD) 154 and wrongly held that in writ jurisdiction review application is no......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Serajuddin Ahmed and others............ Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3,......and another 21 DLR (SC) 456; Khadomul Islam Chowdhury vs Bangladesh and others 33 DLR (AD) 111; Ariban Tuleshwar Sharma 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..

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

Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)

....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......ate Division (Civil)  Present: Md. Ruhul Amin J SJR Mudassir Husain J MM Ruhul Amin J  Abul Bashar and others...................Petitioners Vs. Prafulla Kumar Das and others…….Respondents  Judgment No......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ..

Category: Property Law | Date: 2 Nov, 2003 | Hits: 96

Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......Court High Court Division (Criminal Revisional Jurisdiction) Present: Sheikh Rezowan Ali J AFM Ali Asgar J Shah Gauhar Jamil Palash......................Petitioner Vs. Shah Md. Mansur .................................Opposite Parties Judgment Novemb......nsur .................................Opposite Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

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. ......; 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. ......esent: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents  Judgment October 29, 2...... record has been wrongly prepared and finally published raises claim on the property on the basis of such wrong record…………………..(7)  The State Acquisition and Tenancy Act, 1950 ( XXIIX of 1951), section 144A Presumption as to cor..

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

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......din. He heard about the occurrence and he is a seizure list witness. hi his presence two pieces of wearing apparel of the victim were seized. He is chachato brother of the informant. PW 3 is Monowara Begum who is wife of the informant and mother of the victim. She stated that after Magrib prayer Par......(Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J  Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents   Judgement   October 28, 20...... Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J  Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents   Judgement   October 28, 2003. ..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

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.   ......cted and sentenced.  6. We do not find any infirmity with the impugned judgment for our interference.  The petition is accordingly, dismissed.  Ed.   ......ision (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J  Jashimuddin...............Petitioner Vs. State...................Respondent   Judgment October 26, 2003.&n...... (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J  Jashimuddin...............Petitioner Vs. State...................Respondent   Judgment October 26, 2003.  ..

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. ......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. ......2004) 431. ......31. ..

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

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

....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... High Court Division (Civil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2......1 Plaintiff Bank exercised ownership and acts of possession on leased out suit property. Plaintiff Bank constructed staff and officers quarters. Suit property was wrongly and fraudulently recorded in State Acquisition Khatian in S.A. Plot Nos.8705 and 8707 in the name of one Golam Hossain Rezwani. ..

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

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ......(Criminal)    Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J  Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.  Judgment August 23, 2003. ......bsp;   Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J  Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.  Judgment August 23, 2003. ..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

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

....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ...... Appellate Division (Civil) Present:  Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J  Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents......se, granting largesse, selling or leasing out its property, giving jobs, entering into contract, to obtain best available price for the public properties, ensuring fairness in the activities of the State and to ensure transparency in the exercise of the State power, are now established principles..

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

Amir Ali (Md.) Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another, 2003, 32 CLC (HCD)

....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law. Ed. This Case is also Reported in: 57 DLR (2005) 245.   ...... down in Order XXI, rule 90 CPC in setting aside the auction sale. Cases Referred to- Antibiotic Stores and others Vs. Subordinate Judge, Artha Rin Adalat and others, 55 DLR (AD) 13; Hazera Begum Vs. Artha Rin Adalat, 54 DLR 78; Sultana Jute Mills Limited Vs. Agrani Bank, 46 DLR (AD) 174; ......cial Original Jurisdiction) Present: Md. Tofazzul Islam J AFM Abdur Rahman J Amir Ali (Md.).........……………………Petitioner Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another……&h......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law. Ed. This Case is also Reported in: 57 DLR (2005) 245.   ..

Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21

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

..... 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. ......of default on the part of the tenant will be not only the date of filing of the suit but will continue till decree is passed.' 9. He has also referred to the case of Nowab Meah Vs. Nur Nahar Begum reported in 1984 BLD (AD) 74, the case of Profulla Kumar Chakraborty Vs. Anil Proshad Choudhur......vil Appellate Jurisdiction) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………&....... 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

....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......ision (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………Res......er of their superior. 4. Nothing can be more precious to a human being than his liberty. But alas! Everywhere we find men in chains though they were born free learned Hand, a judge of the United States of America said, "Liberty is so much latitude as the powerful choose to accord to the we..

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

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

....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. ......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. ......: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J  Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……………………&h......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. ...... 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. ......2004) 637. ......37. ..

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

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

....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: ......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: ......ted in: ......perty' necessarily implies a meaning that if the residence of the owner of a property staying outside Bangladesh is, in the opinion of the Government, for a purpose prejudicial to the interest of the State but in the absence of any formation of any opinion as to any prejudicial activities indulged b..

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

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ......……………………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………&helli......337; MACFOY Vs. UNITED AFRICA CO. LTD, (1962) A.C., 152 at 160; Ridge Vs. Baldwin, (1964) AC 40; Anisminic Limited Vs. Foreign Compensation Tribunal, (1969) 2 AC 147; Hoffmn-La Roche Vs. Secretary of State, (1975) AC 295; Ong Ah Chuan Vs. Public Prosecutor, (1981) AC 648; Wood Vs. Wood, (1874) LR 9 ..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13