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Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ......bsp; Ayub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangl......s no vested right, (Mallikpur Fishermen Co-operative Society Ltd. Vs. The Secretary, Ministry of Land (15 BLD AD 241), purported claim to audi alteram partem is like arguing that before a civil servant proceeds to retire having attained super annuation, he is entitled to be given an oppor..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
....peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
......ate Division
(Civil)
Present:
Nazmun Ara Sultana J
Md. Imman Ali J
Md. Anwarul Haque J
Hasan Foez Siddique J
Bangladesh Agricultural Development Corporation and others.......Appellants (In all the cases)
Vs.
Md. Abdur Rashld and others..................ayment of retirement benefits, the rural relationship of the BADC and respondents came to an end.
16. In the case of AIR India Vs. Nergesh Mirza, Supreme Court of India held that Government servant is not entitled to demand as of right, permission to withdraw the letter of voluntary r..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......ported in: 67 DLR (HCD) (2015) 191
......d."
25. In Shujat All Vs. Union of India. AIR 1974, SC 1631, it has observed that:
"The doctrine of classification should not be carried to a point where instead of being a useful servant it becomes a dangerous servant".
26. In the present case, section 32Ka of Ame..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....t the same would have not been the one the Court has made and, in such a situation, "the Court for dispensation of justice is quite competent to recourse to a procedure, of which the same is the master, to advance the cause of justice as well as on the ground of equity and good conscience."......ri Sangha Vs. AIR Ltd., AIR 1988 SC 1325; Seraj Uddin Ahmed Vs. AKM Saiful Alam, 56 DLR (AD) 41; M. Amir Khan Vs.Collector Estate Duty, 14 DLR (SC) 276; Northwest Frontier Province Vs. Suraj Narain Anand, PLD 1949 PC 1; Poonam Vs. Sumit Tanwar, (2010) 4 SCC 460; Pakistan Vs. Akhlaque Hossain, 17 DLR...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......- Hasanuddin Sarker Vs. State, 34 DLR 287; Kazi Ahammad Bazlul Karim Vs. State, 11 BLC 60; Abdul Bari Vs. State, 3 BLC 474; Habibur Rahman Mollah Vs. State, 61 DLR. Lawyers Involved: Khandhar Mahbub Hossain with Md. Shah Alam, Advocates—For the Appellant. Md. Abdul Hai, DAG......ng a matter within the mischief of section 5(1)(d) of Act II of 1947, Mens rea must be established, that is, the accused obtained by corrupt for illegal means and in abuse of his position as a public servant, some pecuniary advantage. Mens rea or dishonest intention is a necessary ingredie..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
....ain paid Taka 80,000 by pay order. It is also asserted that said Abdul Jalil, the husband of the so called auction purchaser, is a close door neighbour of the petitioner and is identified as the master of all misdeeds.
9. The respondents contested the Rule by filing affidavit-i......tion)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
October 8th, 2013.
Result......costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ition to be satisfied before the determination can have any effect on such legal rights or liabilities. That subsequent condition may be a later determination by another tribunal (see R Postmaster General. Ex p. Carmichael [1928] I KB 291), Rv Boycott. Ex p. Keasley ([1939J2 All ER 626. [1......n (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: The Rule is ......ny case under section 30 of the ordinance of 1978. "Every member of the board and...and every person appointed for carrying out the purpose of this ordinance, shall be deemed to be a public servant within the meaning of section 2 1 of the Penal Code..." 33. Moreover, Mr. Hus..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....eds and Statutes, 5th Ed. at page 184, furnished an example stating, "A ship was to be relieved from liability for not delivering cargo at a certain port or ports if it was in the opinion of the master unsafe to do so 'in consequence of war, disturbance or any other cause'. The que......Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal......11 years old when her mother, step-father and half sister Aleya (accused in the case) sent her to work as a house maid. The evidence and records disclose that at various times she worked as maid servant in the house of Proshanto, Chand Ali, Montu and lastly accused Mostafizur Rahman. At that ti..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......ppeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. ......nd means and the appellant misappropriated the monthly salaries of those two alleged gardeners causing wrongful gain to himself and wrongful loss to the Government by abusing his position as a public servant. 19. Mr. Harunur Rashid also contends that there is no evidence on record that the two ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ....... National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramna, District-Dhaka, represented by its Chairman. 2. The Commissioner of Customs, Customs House, Chittagong, P.S. Bander, Chittagong. 3. The Commissioner of Tax, Taxes Zone-1, Chittagong. 4. The Assistant Comm......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......t: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: ...... "Prosecution of Judges and public servants— [(1) When any person who is a Judge within the meaning of section 19 of the [Penal Code], or when any Magistrate or when any public servant who is not removable from his office save by or with the sanction of the [Governme..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......hellip;………….Respondent Judgment March 5, 2013. Result: The appeal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence......lmatia, 2nd Floor with his family members consisting of his wife, deceased Nilufar Amatun Mowla, son, P.W.1, Salauddin Noman, his daughter, deceased Mahjabin Chowdhury alias Suma and a maid servant Romana Begum alias Nomi. On the day of occurrence on 2-10-1994 P.W.1 was asked to return hom..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......p;………..Opposite party Judgment February 14, 2013. Cases Referred to- Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) (1997) 44; Alauddin and others Vs. The State 4 BLD (HCD) 75. Result: ......tute any offence under sections 409 and 418 of the Penal Code and section 5 (2) of the Act II of 1947. He further submits that to commit offence under section 409 criminal breach of trust by a public servant, the prosecution has to prove not only entrustment of or dominion over the property but also..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ...... Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Sadek Hossain (Md.)……………............................Petitioner Vs. State and another...........................................Opposite-Parties Judgment December ...... are clear prima-facie allegations to attract at least some of the offences under the penal code and section 5(2) of the Prevention of Corruption Act, 1947. The accused-petitioner, being a government servant, cannot misuse his official position to provide advantage to another person illegally violat..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......Syed Mahmud Hossain J Muhammad Imman Ali J Esrarul Huq Chowdhury…………………...................Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November 28, 2012. Result: The app...... Court are paramount. The Supreme Court of India in the case of Bar Council of Maharashtra Vs. M.V. Dabholkar etc., AIR 1976 SC 242 observed that an Advocate being an officer of the Court as a public servant plays a key role in the developmental and dispute-processing activities and above all "..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Jamila Khatun Vs. State, 2012, 41 CLC (AD)
....m. In view of the above, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 223. ......d: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Criminal Petition for Leave to Appeal No. 88 of 2010. (From the judgment and order dated the 11th day of October, 2009 passed by the High Court Division in Criminal Miscell......ormant and his other relatives, Farhan told that his mother was killed by Jony uncle with the knife. On such disclosure, the informant suspected that his sister might have been killed by the male servant of the house, Jony, (aged about 18 years), son of Nazir of village-Gachher Diar, Police St..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 9
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ...... Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner. Md. Shohrowardi, Deputy Attorney General- For Respondents. Jail Petition No.15 of 2010. (From the judgment and order dated 30thOctober, 2007 passed by the High Court Division in Death Reference No.74 of 2004...... and neighbour Ahid Miah with other local people who told the informant. On 16.05.2003 at about 12.45 p.m. when the mother of the informant Rokeya Begum went beside their dwelling house to call their servant Jabbar Ali, the accused abused Rokeya Begum in filthy language and at one stage, on the road..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....o prove his alleged bainapatra and part payment of consideration money. The learned Judge disbelieved P.Ws.2 and 3 on the finding that they being employees of the plaintiff could not but oblige their master. The learned Judge also took adverse presumption against the plaintiff for non-examination of...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti...... Sub-Committee and gave his statement, but none appeared on behalf of the plaintiffs and defendant No.1. After hearing the Commission decided that since defendant No.3 was a government servant, RAJUK would collect particulars as to his job from the concerned Department and then the St..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....t Authority Ordinance, 1976 does not recognize the notion of a ship owner's lien for freight under the provision of Section 22 of the Ordinance. Section 22 is quoted below; "(1) If the master or owner of any vessel, at or before the time of landing from such vessel of any goods at any......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
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