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Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....d there is no reason to believe that the date of birth of the victim girl has been misrepresented as early as that for the purpose of this case. Similarly, the school certificate is given by the head master, a disinterested person, and there is no reason why should it not be relied upon for fixing t......llip;………………………………………Opposite Party [In Criminal Revision No.1336 of 1992] Profulla Chandra Chakrobarty…………………………&he...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......urisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. Result: The Rule is mad......in Chapter-IV, clause (8) and the said Rules and submitted that an Advocate should not as a general rule carry on any other profession or business or be an active partner in or a salaried official or servant in connection with any such profession or business. 8. It appears from the impugned jud..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......nal Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petitioners
Vs.
Bangladesh, represented by the Secret......use as enshrined in Article 27 of the Constitution. It has further been contended that impugned notification being Notification No.(Regn‑1)3P‑28/85/60 dated 10.8.85 being applicable to government servants who were. in employment on 1.6.85 and retired on or after 1.6.85 cannot be made applicable ..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....and measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha under Police Station Mirpur being plot No. 5 Road No. 6 Block E section 2 by lease deed dated 17.5.79. A master plan was prepared and sanctioned by the competent authority for construction of houses of the......lip;……………………………………Petitioner
Vs.
Bangladesh, represented by the Secretary Ministry of Works and others……………………..Respondent
Judgment......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ...... is also Reported in: 46 DLR (HCD) (1994) 149. ......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ....... Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada Datta Vs. Ministry of...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi jud......th the other party or an act of misconduct AIR 1975 (Madhya Pradesh) 152. The parties would be bound by the decision of one named person who is not an arbitrator but the said person even being a servant or an employee under one of the parties, is required to act honestly and also judicially wit..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw......ction in rank because the temporary post held by him is not his substantive rank." 11. In the case reported in PLD 1958 (SC) India 217 the Indian Supreme Court held- " [If] the servant has no right to the post, as where he is appointed to a post, permanent or temporary either ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment November 19, 1990. ......ignment in question having been stolen in a running train between Gouripur Railway Station and Mymensingh Railway Station the loss cannot be attributed to any negligence and misconduct of the Railway servant and its agent dealing with the said parcel and as such the Railway is not liable to pay for ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....dents. 4. The respondents are found to be regular employees of the Corporation, a statutory body, and their services are regulated by statutory rules. As such they are not governed by the law of master and servant. For their dismissal, removal, termination, discharge or for any other punishment......p; others..................Respondents (In Civil Appeal No. 33 of 1990) Mosharraf Hossain Khan & others.........................Respondents (In Civil Appeal No. 34 of 1990) Momtaz Begum and others .................................Respondents (In Civil Appeal No. 35 of 1990) Sorhab...... 4. The respondents are found to be regular employees of the Corporation, a statutory body, and their services are regulated by statutory rules. As such they are not governed by the law of master and servant. For their dismissal, removal, termination, discharge or for any other punishment the Corpor..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......cial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head of......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......visional Jurisdiction)
Present:
Naimuddin Ahmed J
AKM Hedayetul Islam...................Petitioner
Vs.
Executive Vice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule ......sident of Bangladesh Agricultural Research Council, was not competent to draw up any proceeding or to impose any penalty on him including removal from service. According to him, he being a Government servant the Government alone was, under the Government Servants (Discipline and Appeal) Rules, 1976 ..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......not mentioned in the first FIR on the basis of which on completion of investigation the police submitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs. The State referred. No prima facie can be based on suspicion. 28 DLR (AD) ......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......nsfer of Property Act, 1882, for vacating a suit premise shall be for six months. Section 18 of Premises Rent Control Act, 1991 puts emphasis on the bona fide requirement of the premises by the landlord. The premises in question must be required for a particular purpose. ......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ondents Judgment August 16, 1989. Result: This appeal is dismissed. Cases Referred to- Firoza Begum Vs. Hormuz Ali & another, 40 DLR 161; Abdul Halim Mollah alias Monohar Mollah and another Vs. The Member, Appellate Tribunal, Dhaka and others, 34 DLR (AD) 309; Abbas Bahara and ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....ate document which can be created at any time for some ulterior purpose. Even in the application there is no averment as to when and by whom such horoscope was prepared............. (10) The Headmaster of Chapair (West) Primary School gave a certificate regarding the age of the detenu, which ha......Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was aged in between 16 and 17 years. Since the Tribunal found her age in between 16 to 17 years at the relevant time, she w......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......990) 79. ......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ...... Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) 104. Lawyers Involved: M. Fazlul Ka......redients of the offence punishable under section 409 of the Penal Code as well as under section 5(2) of Prevention of Corruption Act have been well proved against the appellant as he being a public servant within the meaning of section 21 of the Penal Code committed criminal breach of trust in res..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......ppellant. Kaiserddin Ahmed, Deputy Attorney General—For the Respondent (State). Criminal Appeal No.119 of 1981. Judgment Daliluddin Ahmed J.- This appeal arises out of a judgment and order, dated 3-4-81, passed by Mr. Md. Emdadul Haque, Additional Special Judge Rajshahi Divisi......esaid Fair Price shop at Lalpur is situated under Natore Sub-Division of Rajshahi District, During the above mentioned period the accused-appellant being in charge of the Fair Price shop was a public servant. He received various goods worth Tk. 1,91,961.88 paisa. He deposited Tk. 95,986,82 paisa as ..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ...... Vs. The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refi......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
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