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State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ion (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 20 of 2008). Rokeya Begum &......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: 98
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......okanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahbub-ul-Alam, Assistant Attorney-General and Md. Bashir Ullah, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocat......gainst the petitioner without applying his judicial mind and there is no allegation either in the first information report or in the charge sheet that the petitioner by abusing her position as public servant for herself or for other persons in obtaining valuable things or pecuniary advantage. In sho..Category: Criminal Law | Date: | Hits: 137
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....ieved subsequently created cloud and correctly found appellants guilty for the charge as alleged. He submits that evidence of P.Ws.2‑6, on fact of causing dagger blow on the chest of deceased Julfu master (manner of occurrence) got due corroboration and support from the evidence of PM of doctor P.......………………..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, 1988 BLD (AD) 101=40 DLR (AD) 147. Lawyers Involved: Mojibur Rahman with......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ..Category: Criminal Law | Date: | Hits: 97
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
.... "on the other question the rejection of Mr. Seervai’s arguments that a High Court Judge cannot be transferred without his consent, should not be read as a negation of his argument that there is no master and servant relationship between the Government and High Court Judges." Thus, there is a fund......ule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III ......etween citizen and citizen, but also between citizens and State and exercise the powers to strike down actions of the State as without lawful authority, they do not fall in the category of agents and servants of the State to whom writs may issue under Article 199." 29. In the case of Union of Ind..Category: Constitutional Law | Date: | Hits: 353
....pressly barred by section 6. The proviso to section 7(1) barring an appeal against an interlocutory order has been provided for only as a measure of abundant caution. In other words, section 6 is the master ouster provision, section 7 is an exception to that ouster. The exception cannot render the o......e Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Mahmudul Amin Choudhury J
Gour Gopal Saha J
Kazi Gowaherul Islam (KJ Islam)……………Petitioner
Vs.
Standard Co-operative Credit Society Ltd and another………………Opposite Party
Judgment
M...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
..
Category: Civil Law | Date: | Hits: 135
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......smitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......ot be entertained in view of the case decision reported in 60 DLR (AD) 1. 6. We have gone through the first information report which clearly shows that the accused-petitioner, being a Government servant serving in the Post Office, Gaibandha, allegedly misappropriated an amount of Taka 11,20,400..Category: Criminal Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ...... Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Baje......ore this court and obtained the present Rule. 6. Mr. Sarder Abul Hossain, the learned Advocate appearing on behalf of the petitioner, submits that it is evident that the plaintiff was a government servant. As there was a bar to purchase more land in his own name the plaintiff purchased the suit l..Category: Property Law | Date: | Hits: 103
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......
The Rule is discharged.
Cases Referred to-
Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709 (Privy Council); Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors, 42 DLR (AD) 137.
Lawyers Involved:
AF Hassan Ariff with Khaleda Zaman, Siper Mustofa,......the liquidator of a society shall be referred to the Registrar if the parties thereto are among the following namely:
(a) the society, its managing committee, any past or present officer, agent or servant or the liquidator of the society, or
(b) a member, past member or person claiming through..
Category: Procedural Law | Date: | Hits: 124
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Moinul Islam Chowdhury J AKM Mazharul Haq Chowdhury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The R......t February, 1976. It has been further stated that the petitioner was serving in the Respondent No.3 Company (Biman Bangladesh Airlines Limited) when it was a Corporation and its employees were public servants within the meaning of the Act and, as such, the petitioner's contention that section 9(2)..Category: Employment/Service Law | Date: | Hits: 157
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statement was false and also found that the accused had property worth Taka 1,03,35,948 disproportionate to his known so...... and the schedule to the Act. On consideration of the preamble and the statement of objects and reasons, that Bench held that the expression ‘certain persons’ as used in the preamble means public servants along with other persons connected with the public servants. With reference to the provisio..Category: Criminal Law | Date: | Hits: 109
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... This Case is also Reported in: 63 DLR (HCD) (2011) 242....... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. .......)……………………Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul ......and delivered possession to her. Before this gift, defendant No.1 Dr. Naimur Rahman made a lot of improvement in the land of schedule ‘A’ spending Taka 45,000.00 for construction of a kitchen and servant’s block, Taka 6,000.00 for replacing the wooden gate with an iron gate and Taka 20,000.00 ..Category: Property Law | Date: | Hits: 109
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
.... standpoint of legal sense as well as common sense in holding that the declaration, if granted, would not, although ineffective to bring about the plaintiffs to office except on the good sense of the master, and is a futility but a valuable gain for the plaintiff.” The learned Advocate submitte......hmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus Samad and others, 49 DLR 38; Fazlul Karim Vs. Agrani Bank, represented by t...... Cabinet Secretariat of the Government of the People’s Republic of Bangladesh being numbered as R-V1/S-3/77-15 dated Dacca, the 5th February, 1977 “Subject. Removable from service of a Government servant on the ground of conduct which has led to his conviction in a criminal offence,” which con..Category: Employment/Service Law | Date: | Hits: 182
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......dents alleging that on 23.10.87 at about 2-30/3 P.M. the accused-respondents along with other unknown persons assaulted him. The respondent No.1 inflicted bleeding injuries, on his head by a Dao blow and the respondent No.2 hit him with iron patta causing swelling injuries on his body. The responden......anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some Other day: Provided that, where the complainant is a public servant and his personal attendance is not required, the Magistrate may dispense with his attendance..Category: Procedural Law | Date: | Hits: 85
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......san J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule ......0. Mr. Huq then submits that seniority is a vested right but concedes that by itself it can never confer an absolute right to promotion regardless of other consideration. He submits that a government servant eligible for promotion has a right only to ask for consideration for promotion along with ot..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ...... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J Mostafa Kamal………………Petitioner Vs. Chief Election Commissioner and others…………………Respondents Judgment August 19, 1997. Result: The Rule is......aid Union, filed an objection before the Returning Officer against respondent No.7 alleging, inter alia, that he was not qualified for contesting the said election as Chairman for he was a Government servant at that time. The respondent No.5 on scrutiny rejected the nomination paper the respondent N..Category: Election Law | Date: | Hits: 154
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....g lawful authority over that person with respect to the subject‑matter of the accusation, the same is not a defamation. Illustration to the said exception shows that complaint made by anyone to the master of a Servant in good faith regarding his conduct is not defamation. In the instant case altho......s Case is also Reported in: 50 DLR (HCD) (1998) 456. ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ...... 426. ......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ..Category: Employment/Service Law | Date: | Hits: 158
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2257 of 1994. Judgment Syed JR Mudassir Husain J.- This Appeal is directed against the judgment and order of conviction dated 19‑10‑94 passed by the learned Additional Sessions Judge, and Spec......mount of Taka 6,000.00 was duly transferred in the said account, so there was no wrongful gain to the appellant. 8. It has been further submitted that admittedly the accused appellant was a public servant but the concerned authority did not accord any sanction to prosecute him as required under s..Category: Criminal Law | Date: | Hits: 99
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....ing for the last nearly 20 years or more, have any legitimate expectation to be made permanent or not. 3. It appears that a huge number of employees were in Public Works Department, firstly, under master roll and then were brought under the Work-charged Establishment mostly during the period from......BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..Category: Employment/Service Law | Date: | Hits: 208
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