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State Vs. Dr. Md. Nurul Islam, 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: ......ent: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … .......................Petitioner Vs. Dr. Md. Nurul Islam…….Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005) Dr. Md. Nurul Islam and others....convict - appellants. Vs. ......awful assembly’ if the common object of the persons composing that assembly is – First.- To overawe by criminal force. Or show of criminal force, the [Government or legislature], or any public servant in the exercise of the lawful power or such public servant; or Second. – To resist the ..Category: Criminal Law | Date: | Hits: 104
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......Ltd., (1940) AC 1014 (at P 1022). Lawyers Involved: Serajul Huq, Rafiqul Huq, ABM Golam Majid, Anisul Huq with Taufika Karim, Advocates in support of the References. Dr. M Zahir, Dr. AKM Ali and Khaled H Chowdhury with Firoz Shah, Advocates, Opposing the References. KS Nabi, Attorney-Gen...... signed by the said Chairman, authorising Mr. MA Rashid Khan, Executive Director to report under the said section 25 and being satisfied that he was so authorised and considering that he was a public servant on 2-4-97 took cognizance under section 24 of the Ordinance against the accused persons of t..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....ss and under the referential provisions of the Contract Act the Port Authority is liable as a bailee. A bare reading of sections 50, 50A and 63 of the Chittagong Port Act appears to be thus: When the master of the ship lands the goods and leaves them in charge of the Port Authority, the legal effect...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Chittagong Port Authority…………………Appellant Vs. Md. Ishaque and others…………………Respondents Judgment February 13, 1983. Result: The appe......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364...Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......ocate-on-Record - For the Appellant. Rafiqur Rahman, Senior Advocate instructed by Sirajur Rahman, Advocate-on-record - For the Respondent. Civil Appeal No.111 of 1982. (From the judgment and order dated 17.6.1980 passed by the High Court Division in F.A. No.431 of 1968.) Judgment ......igh Court Division on this decision was totally irrelevant. In the case of Naziruddin Ahmed reported in 25 DLR (SC) 94 it was held that there was no bar for the Governor to refer the case of a public servant to the Screening Committee for the assessment of public servant's conduct and for recommenda..Category: Employment/Service Law | Date: | Hits: 196
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....= 500 bundles of 8 feet through his agent accused Upendra Mohan on 20-10-2006 under three chalans. But those CI sheets were not distributed amongst the disaster affected people or organization and no master roll was submitted. All those CI were misappropriated and thereby the petitioner in collusi......te party-State to show cause as to why the proceedings of Special Case No.15 of 2007 arising out of Hazaribag Police Station Case No.19 dated 26-3-2007 under section 409/406/420/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, pending in the 1st Court of Special Judg......ime of hearing of the Rule by filing a supplementary affidavit the petitioner raised another ground of quashing the impugned case that the petitioner as member of the Parliament, was not a public servant as defined in section 21 of the Penal Code and as such the alleged act of the petitioner doe..Category: Criminal Law | Date: | Hits: 230
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....t allowed to do so? They have been over the years made to owe allegiance to and serve a class of people having political colour. They served individuals and the parties in power instead of their real masters namely the people. Through selfish, illegal and partisan use, the Police Department has been......) (2011) 343; 30 BLD (HCD) (2010) 400. ......e Bar including some Internationally reputed and recognized jurists and made naked allegations having no foundation. 19. The learned Counsel for the petitioner submits that police being public servant has acted illegally violating the law of the country. Rather the police acted arbitrarily,..Category: Criminal Law | Date: | Hits: 132
....i J. in Shujat Ali Vs. Union of India, AIR 1974, SC 1631 observed:
“The doctrine of classification should not be carried to a point where instead of being a useful servant it becomes a dangerous master.”
In Lachmon Das Vs. State of Punjab (Supra) Subha Rao J observed:
“Over-emphasis o......
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
...... held:
“Since neither the impugned provisions of the Act nor the rules provide any principle or guideline for the exercise of discretion by the Government when it proposes to retire a Government servant from amongst a group of Government servants similarly situated and holding similar jobs, the..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......tion) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judgment October 23, 1997. Result: The petition...... placed before us to show that promotion of the respondents 3 and 4 was not on the basis of recommendation and not required in the interest of service as required under Rule 195 of the Regulations. A servant of the Republic can not claim promotion as of right. He may challenge supersession by his ju..Category: Employment/Service Law | Date: | Hits: 244
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......sion (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shabauddin Ahmed J Syed Md. Mohsen Ali J A.S.S. Mohammad Ali…………………Appellant Vs. The State and another……………………Respondent Judgment May 4, 1983. Result: The appeal ......l Revision No.444 of 1980 refusing to quash the proceeding pending in the Court of Senior Special Judge, Bogra. 2. Leave was granted to consider the question whether the accused being a public servant prior sanction for his prosecution was mandatory under section 6(5) of the Criminal Law Am..Category: Criminal Law | Date: | Hits: 81
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....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 provisions, section 7 is an exception to that ouster. The exception cannot render the ......………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (AD) 174. Lawyers Involved: ......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......dhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made ab......at by the passages, “a person performing the function in connection with the affairs of the Republic or a local Authority”, the framers of our Constitution meant to confine the list within public servant or the servants of local authorities. If that was their intent, they would have so limited t..Category: Property Law | Date: | Hits: 159
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......riminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: T......e Noor Taposh, learned Advocate appearing for the accused petitioner submits that the ingredient of section 161 of the Penal Code is as follows: 161. Whoever, being, or expecting to be, a public servant, accepts or obtain, or agree to accept, or attempts to obtain from any person, for himself o..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....reece‑there the whole body of citizens formed the assembly which was vested the supreme authority. Freedom and rule of law were the two aspects of the City State. The Athenians called "no man their master." Then comes the question of general will or will or the people as propagated by Jean Jacques...... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..............................eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......se is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
.... the appellant that if the firm of the respondents No.1 to 3 is released they would face difficulties in running the industrial unit of M/s. Md. Masood Reza Group of Industries. Further, the entire master was being examined by the Government and they have no mala fide intention to frustrate or def......d.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......istan Vs. Md. Niayamat-ullah Faruki, (1969) 21 DLR, SC 238. This decision, relied upon in a recent case reported in (1975) 28 DLR 350 by the High Court, concerns the vesting of rights in a Government servant. Such rights which vested in him under order of the appropriate Ministry of the Government w..
Category: Others | Date: | Hits: 154
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....r of injunction and directed Sonali Bank to pay off defendant No.6 Bank under the aforesaid letter of credits without any further delay. 5. It appears that although the plaintiff alleged about the master letter of credit being a condition precedent for payment under the letter of credits dated 28...... Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J M/s. Smart Apparels (Pvt.) Ltd……………..…………………….Petitioner Vs. Hanvit Bank Kuni Bong Branch and others………………….Respondents Judgment November 2, 2003. Result: The petit......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....Act, 1913 and is also the owner of two Fishing Trawlers at Chittagong engaged in the business of catching shrimps in the deep sea, processes them in the trawlers and pack them in the inner carton and master carton for keeping them in the deep freeze for export and thereby he has been exporting shrim......also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………......R 1958 S.C. 36 and Moti Ram, AIR 1964 S.C. 600, amongst others two tests have been laid down to determine whether termination of service amounted to punishment. First test is to ascertain whether the servant but for such termination had the right to hold the post. The other test is whether he has be..Category: Employment/Service Law | Date: | Hits: 155
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......……………………………………………………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April......of no legal effect. 2. The case of the petitioner is, that he is a former Cabinet Minister and also a former General Secretary of Dhaka University Central Students' Union. His wife is a Government servant under the BCS Cadre and was Lecturer in English in the Eden Girls' College on deputation. Sh..Category: Constitutional Law | Date: | Hits: 238
Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)
....nasmuch as there will be no other way to satisfy the decree that may be passed in course of hearing of the suit. It appears from materials placed in support of his contention that he was appointed as master of the vessel on 28.3.94. The owners of the vessel informed the shipping master on 30.3.94 th...... High Court Division (Admiralty Jurisdiction) Present: Mainur Reza Chowdhury J Captain Md. Mobarak Hossain, Master, ATM Dolores..................Plaintiff Petitioner Vs. MT Dolores and others…………………………………………………….Defendants Opposite Parties ......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ..Category: Civil Law | Date: | Hits: 99
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