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....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......hellip;………………………..Petitioner
Vs.
Secretary, Establishment Division, Government of the People's Republic of Bangladesh and others........................................Respondents
Judgment
July 27, 1977.
...... the order although some calculation was made on the basis of square foot taking certain figure as the costs of construction per sq. foot and then on arbitrary determination of cost of porch, garage, servant quarters etc. it arrived at a figure Rs. 1,75,000 00. This figure was arrived at without tak..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......ed in: 30 DLR (HCD) (1978) 79. ......th reference to Sub-Rule (2) of Rule 10 of the Government Servant's (Efficiency & Discipline) Rules, 1960 that government has been given the power to hold further enquiry against a government servant, and as such the case of the petitioners was rightly referred to the Second Screening Board...Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....In the instant case, an innocent man was made the victim of illegal detention, insults, and harassment due to the high handedness and arbitrary actions of responsible public servants who behaved like masters and not servants of the public. The confidence of the people in the administration is bound ......-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh Decorators situated in Barisal and carried on the business of supply of tables, chairs, utensils etc. on hire. On 30-1-76 a letter ......ldquo;Section 174, Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as public servant, to issue the same, intentionally omits to attend at th..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ......149. ......inder of parties? 5. Do the plaintiff have any cause of action? 6. Was the sinking of M.L. Jalamoni caused by negligence of breach of statutory duty committed by the defendant or any of his servants or agents or by any person in charge of M.L. Madina? 7. Is the vessel M.L. Madina subj..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
.... runs thus- “But this rule, expressio unius, may not always provide the answer to the problem of construction.”It is said Lopez, L. J. "often a valuable servant, but a dangerous master to follow in the construction of statutes or documents. The exclusion is often the result of ......ion) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite Parties Judgment ......s been cited. The passage runs thus- “But this rule, expressio unius, may not always provide the answer to the problem of construction.”It is said Lopez, L. J. "often a valuable servant, but a dangerous master to follow in the construction of statutes or documents. The exclusio..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Re...... Servants (Retirement) Ordinance, 1973, and it enables the Government to withhold retirement benefits in case where any judicial or departmental proceedings have been initiated against the Government servant Petitioner further submitted that the impugned order purported to be in exercise of the opti..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......tirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of the sup......977. Result: The rule is discharged. Bangladesh Public Servant's (Retirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and condition..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
.... sanctioned post of Professor of Medicine of the IPGMR, the Government by appointing the petitioner as Professor of Medicine in March, 1967 created that post and consequently the relationship of master and servant between the Government and the petitioner was established by such appointment and......sh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Cha......ioned post of Professor of Medicine of the IPGMR, the Government by appointing the petitioner as Professor of Medicine in March, 1967 created that post and consequently the relationship of master and servant between the Government and the petitioner was established by such appointment and the petiti..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ...... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......agistrate proceeded under Chapter XVIII of the Code of Criminal Procedure. At that stage the jurisdiction of the Court of the Magistrate was challenged on the ground that the appellant being a public servant within the meaning of section 98 of the Waqfs Ordinance, 1962 (East Pakistan Ordinance No.1 ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....o an abrupt finding that the plaintiff has been dealt more leniently. 10. The learned Advocate for the respondent submits that the service is a matter of contract and the relationship is that of master and servant. As such the respondent was within its powers in dismissing the plaintiff. No dou......rder passed by Sales Personnel Department, Bata Shoe Company dated 7.7.59 terminating the service of the plaintiff, a shop employee of the Bata Shoe Company was in violation of the provision of the Standing Rules and Orders of Shop Employees of the said Company and further for a mandatory injunction...... finding that the plaintiff has been dealt more leniently. 10. The learned Advocate for the respondent submits that the service is a matter of contract and the relationship is that of master and servant. As such the respondent was within its powers in dismissing the plaintiff. No doubt the rela..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ......B. 256; Brogden Vs. Metropolitan Railway Company, 1877 (2) Appeal Cases 666; Muhd. Sagir Bhatti & Sons Vs. Federation of Pakistan, (1968) 10 DLR (SC) 169. Lawyers Involved: M. H. Khandker, Senior Advocate, with B.B. Roy Chowdhury and B.K. Das, Advocates, instructed by S.M. Huq, Ad......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ..............Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superintendent, Watch and Ward, P.E. Railway………………..Opposite party Judgment...... the rules laid down in the Pakistan Railway Establishment Code, Volume 11, Rule 2044 which deals with the question of pay after reinstatement is in these terms: When the suspension of a railway servant is held to have been unjustified or not wholly justifiable, or When a railway servant w..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ......sent: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Bangladesh Uni......le 43 of the Union Parishad and Pourashava (Election) Rules, 1973. 2. The Thana Education Officer (and Returning Officer P. S. Shariakandi may kindly, be informed accordingly. Your obedient servant, Sd. Md. Badiur Rahman, Assistant Secretary. No. 23/Elec.(s)/74 Dated Bogra, ..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
....e is free from defect likely to cause injury to health. Lord Atkin with whom Lord Thankerton and Lord Macmillan agreed without specifically referring to the neighbor principle and from whom Lord Buck-master Lord Tomlin dissented explained the principle in the following words:
“It is remar......;
...... Docks Co. (1865) 3 H & C 596 at 601) in the following words:
There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. .................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page a......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......nt Vs. The State……………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For the Appellants. ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ...... DLR (HCD) (1978) 237. ......ttention of the learned Assistant-Sessions Judge was drawn to the fact that the case could not proceed for the reason that Abdul Jalil Molla who was chairman of the Union Council and as such a public servant was involved in this case and it was further pointed out that the learned Magistrate who had..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....espondent. Similar view was taken in the case of Karnaphuli paper Mills Ltd in which the Supreme Court held as follows: — "But in the case of private employment, the ordinary rule of master and servant must be sustained, namely, that without cause assigned the master may dispen......ase is also Reported in: ......Similar view was taken in the case of Karnaphuli paper Mills Ltd in which the Supreme Court held as follows: — "But in the case of private employment, the ordinary rule of master and servant must be sustained, namely, that without cause assigned the master may dispense with the..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ......made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charged under the allegations of misconduct, gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules,......ate must be accepted. In the case of Bachhittar Singh Vs. State of Punjab and another in AIR 1963 (S.C.), 395 the Indian Supreme Court held: “Departmental enquiry held against a Government servant cannot be divided into (a) the enquiry (which involves a decision of the question whether th..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ......y of Information, Dacca……………………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust a...... annexed as Annexure "A" to this affidavit-in-opposition. This respondent thereafter purchased the said holding by a kabala dated 11-12-64 from his wife Mrs. Afioz Jahan. He is a Government servant and took house building loan of Tk. 5,808/- from the Government keeping holding in question ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
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