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Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......low at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......n of investigation he submitted memorandum of evidence but could not submit the chargesheet as necessary sanction order from the Government was not received for prosecution of the accused as a public servant. 19. P.W.9 Tazul Islam Bhuiyan, another part investigation officer of the case, submitted..Category: Criminal Law | Date: | Hits: 88
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....t be questioned before any Court or any other authority, but section 6 has been made applicable subject to the provisions of section 7. In other words, he submits, the provisions of section 7 are the master provisions and section 6 is subordinate to section 7. Section 7 provides for an appeal agains......orted in: 50 DLR (HCD) (1998) 623. ......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..Category: Civil Law | Date: | Hits: 171
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
.... the plaintiff was not a teacher,but employee of the School and as such, the Rules were not applicable to him. He further submitted that since the plaintiff was an employee of the private school, the master and servant rule was applicable to him. He further submitted that under master and servant ru......gment Md. Azizul Haque J.- On an application under Section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the Opposite party Nos. 1-9 to show cause as to why the judgment and decree dated 24-2-1997 passed by the Subordinate (now Joint District Judge), First Court, Rang......iff was not a teacher,but employee of the School and as such, the Rules were not applicable to him. He further submitted that since the plaintiff was an employee of the private school, the master and servant rule was applicable to him. He further submitted that under master and servant rule, the ser..Category: Civil Law | Date: | Hits: 144
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ...... Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, (1892) 155 Mas......e of his association with a student organisation he had not been finally appointed to the post for which he was selected and for no fault of his own he was deprived of being appointed as a government servant. On 8-12-96 the petitioner also made a similar representation to the Home Minister, Annexure..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ...... High Court Division (Dhaka) (Criminal Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdndul Haque Azad J State........................Appellant Vs. Nazma Sarker @ Beauty and 3 others & another absconding convict Ahidul…………..Condemned-prisoners ......rother and also found several injuries on the person of the deceased and when the informant asked about the incident to Nazma Sarker @ Beauty, wife of the deceased Hanif Sarker and Rokeya Begum, maid servant of that house they informed that some unknown persons killed the victim Hanif Sarker. Upon l..Category: Criminal Law | Date: | Hits: 99
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....y school in the year 1985 under the name "Shaluadia Non-Government Primary School". For smooth management of the School, a Managing Committee was formed. That committee appointed the plaintiff as Headmaster of the school and appointed four other teachers. The school started functioning on and from 1......e date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ..Category: Civil Law | Date: | Hits: 107
....ontested the same by filing written objection contending, inter alia, that, the case against them is not maintainable. The petitioners are employees like the respondent No.2 and they were not the pay master as per provision of Wages Act, 1936, the claim of the respondent No.2 does not come within th......isdiction)
Present:
Qazi Shafiuddin J
Md. Abdul Aziz J
Editor, Bangladesh Observer, Dhaka & another…………………Petitioners
Vs.
Member, Labour Appellate Tribunal and others……………………Respondents
Judgment
June 14, 1998.
Result:
The Ru......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
..
Category: Labour and Industrial Law | Date: | Hits: 215
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ...... Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hye J AKM Fayekuzzaman………………………………………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. ......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..Category: Criminal Law | Date: | Hits: 99
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... Sheema Begum…………………………………………Appellant Vs. The State…………………………………………...Respondent (In Criminal Appeal No.343 of 2001) Saiful and Others…………………………………………Appellants Vs. The State………......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ..Category: Criminal Law | Date: | Hits: 94
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ...... the River Research Institute, 37, North Road, Dhanmondi, Dhaka 1205…………………………………Petitioner Vs. The River Research Institute represented by the Director General Harukandi, Faridpur District-Faridpur and others……………………………………Respondents ......he power to impose a penalty of compulsory retirement. Even if it were shown that the circular was passed by the consent of the President then also that order would not have affected the Government servant's right to protect him under the Constitution with reference to his position at the time o..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....ted in his cross examination that he cannot say whether the accused kidnapped his daughter or not. The houses of habibor, Sukra, Kalim and Golam are around the houses of the victim and that Nasim master, Korban Member, Saber, Wahid Mondal, Jabber Sheikh, Kalim and others are matabbers of their v......t Vs. The State……………………………………Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
....any port in England or Wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or branch of contract on the part of the owner, master, or crew of the ship, unless it is shown to the satisfaction of the Court that at the time of......sp; ...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....wered in status against the principles of natural justice. With regard to the institution of disciplinary proceedings and stoppage of 3 increments the learned Subordinate Judge held that the law of master and servant does not apply to the plaintiff. The Local Council Servants (Efficiency and Dis......ases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bangladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H....... cadre. It is neither a Government service nor a local council service. In the absence of statutory provision, an employee of work-charge establishment has no security of service at all. Master and servant relationship exists between the employer and the employee in respect of such employees. ..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......d Farid uddin, the cashier of his branch, on the accusation that he as the cashier of the branch on 23.01.2003 received Taka 8, 70,000/-from Juried Ahmed, the account holder of Saving Account No.3385 and issued receipt putting his signature and giving seal of the bank therein. On 17.11.2003, when ...... obtained. He further submits that section 6(5) of the Criminal Law Amend meat Act (hereinafter referred as the Act) provides that prior sanction of the Government is required to prosecute a public servant for any offence under the schedule of this Act. If the petition of complaint or the police r..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ....................................Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirm...... Suraiya deposed that the occurrence took place one and half years back. The wife of her landlord's son committed suicide by hanging. She saw her in hanging condition. Hearing hue and cry of the maid servant she al with others came out and saw the door of the place of occurrence room closed from ins..Category: Criminal Law | Date: | Hits: 97
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
.... a raft for the purpose of conveying merchandise, &c., by water, protected from the water and the weather'. Although this may not be the definition of Johnson, it is the definition of a great master of language; and I think that it applies to the present case.” In the said case his lor......on (Dhaka) (Admiralty Jurisdiction) Present: AFM Abdur Rahman J Penta Marine Services Limited....................................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. Result: The application ......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J lqbal Hossain Talukder (Md.)...............................Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule ...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......…………………………….(57) The Penal Code, 1860 (XLV of 1860); section 409 To constitute an offence under section 409 three ingredients are required. The accused must be a public servant and in such capacity, he will be entrusted or will have dominion over the property and he wi..Category: Criminal Law | Date: | Hits: 109
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......reme Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Kazi Ebadul Hoque J Nurul Huda Miah (Md)……………Petitioner Vs. Dhaka Water Supply and Sewerage Authority and others……………Respondents Judgment May 25, 1992. Result: ......Water Supply and Sewerage Authority Employees (Efficiency and Discipline) Rules, 1965 is applicable in the case of the petitioner. Rule 8(1) of the said Rules is as follows: "Where an officer or a servant is proceeded against under clause (a) or clause (b) or clause (c) of Rule 3 and the competen..Category: Employment/Service Law | Date: | Hits: 231
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......ers and stating that, same had always been their stand. A copy of the letter dated 31-7-96 has been annexed as Annexure to the petition. It is submitted that the petitioner became a ‘surplus public servant’ after the abolition of his post by the Government for the purpose of administrative rearr..Category: Employment/Service Law | Date: | Hits: 186
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