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State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ...... State………………...................Appellants (In both the appeals) Vs. Md. Abul Hossain…………………………Respondent (In Criminal Appeal No.25 of 2004) Md. Mozammel Haque and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 20......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....ated the writ-petitioner from his service under Regulation 52 (1) of ReguÂlations, 1979 for the interest of the Airlines Limited. The relationship between the Writ petitioner and respondent No.1 was master and servant and, as such, the writ petition was not maintainable. The writ-petitioner earlier......Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Jud......it-petitioner from his service under Regulation 52 (1) of ReguÂlations, 1979 for the interest of the Airlines Limited. The relationship between the Writ petitioner and respondent No.1 was master and servant and, as such, the writ petition was not maintainable. The writ-petitioner earlier filed a co..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......a Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………………â€......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..Category: Administrative Law | Date: | Hits: 240
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... investigation a charge-sheet was filed on 30-8-93 against the petitioners of both the Rules and others. Two of the accused-persons namely Md. Khalilur Rahman and Md. Ishaque Mazumder were Government servants at the time of commission of the said offences. And for the prosecution of the said two Gov..Category: Criminal Law | Date: | Hits: 71
....e 102 petitioners. They claimed as Work Assistants, Account Assistants, Computer Operators, Clerk-cum-typists, Surveyors working in different projects under LGED and some of them are working on daily master roll basis. It is stated that the writ respondents regularized some employees of the LGED who......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………â€......ject in which he is working is completed.
(b) Such officer or employee must have been appointed after following the recognized procedures being followed by the Government in appointing Government servants.
(c) Such officer or employee must have requisite qualification for the post he is seeki..
Category: Employment/Service Law | Date: | Hits: 147
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another...........f the Cantonment Act, 1924, "No suit or proceeding shall be entertained in any Court against any Board or any Officer Commanding a station, or against any member of a Board, or against any officer or servant of the Board, for anything in good faith done, or intended to be done, under Act or any Rule..Category: Property Law | Date: | Hits: 81
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......also Reported in: 62 DLR (HCD) (2010) 1.
......etary Ministry of Establishment Vs. AM Nurunnabi, reported in 2001 BLD (AD) 41 = 53 DLR (AD) 41. In the case referred to above the Appellate Division has held that the period of absence of Government servant on reinstatement in service after wrongful retirement shall be treated as a period spent on ..
Category: Criminal Law | Date: | Hits: 83
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ...... Vs. State………Opposite Party Judgment July 4, 2004. Result: The Rule is made absolute. Cases Referred to- Yusuf Hasan Vs. MA Rezaul Ferdous, 48 DLR (AD) 43; Abdul Matin and others Vs. The State, 42 DLR 286; Abdur Rashid Lahi Vs. Mohammad Yunus Gazi & ors, 40 DLR 42......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..Category: Criminal Law | Date: | Hits: 81
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....Biraj and MV Eagle Strength as a result some damages were caused to the ship of Bangladesh Nevy at Flotilla Jetty. The Bangladesh Nevy filed a case claiming 200 cores taka against MV Banga Biraj, her master the accused No.1 Captain AM Nasim Khan and in that case the deceased was one of the witnesses......me Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Mosharaf Hossain Sukani………………………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......rted in: 57 DLR (2005) 113.
......les relating to pension as it appears in rules 394 and 395 of Bangladesh Service Rules (Part‑1) are applicable and that those two fundamental rules refer to gross pension and that if any government servant receives gratuity by surrendering full or any part of his pension, it is to be considered th..
Category: Employment/Service Law | Date: | Hits: 99
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....ourt, are not maintainable in law. He further submitted that the Padma Oil Co. Ltd, being a Public Ltd. Company the relationship between the plaintiff and his employer Padma Oil Co. Ltd. is that of a master and servant. He further submitted that in view of the decision reported in 7 BLC (AD) 1, the ......004) 505. ......ot maintainable in law. He further submitted that the Padma Oil Co. Ltd, being a Public Ltd. Company the relationship between the plaintiff and his employer Padma Oil Co. Ltd. is that of a master and servant. He further submitted that in view of the decision reported in 7 BLC (AD) 1, the Courts belo..Category: Employment/Service Law | Date: | Hits: 122
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....vice of the contractual employees of BFCC like the petitioners is terminable with prior notice. In other words, the relationship between the Biman authoriÂty and the petitioners is virtually that of master and servant. The rule of master and servant necessarily and essentially applies to them. ...... (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... contractual employees of BFCC like the petitioners is terminable with prior notice. In other words, the relationship between the Biman authoriÂty and the petitioners is virtually that of master and servant. The rule of master and servant necessarily and essentially applies to them. 34. Re..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......vision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March......e by-passing the Cabinet Division added Clause No.10 to the draft policy and converted the same to procedure and thus through illegal means and fraudulent way and by causing breach of trust as public servant converted Chhatak (east) a virgin field into marginal and abanÂdoned fields. On the basis o..Category: Criminal Law | Date: | Hits: 126
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......ates‑For the defendant (In Admiralty Suit No.33 of 1995). Dr. M Zahir with Md. Muniruzzaman Khan Advocates‑For the Plaintiff (In Admiralty Suit No.13 of 1996). M Hafizullah with SK Siddique and Al-Amin Sarker, Advocates‑For the Defendant Nos.1 & 2 (In Admiralty Suit No.13 of 1996). ......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Dr. Ahmed Sharif……………………………………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994.......ed after submission of charge‑sheet but before the trial commences even in case where a prior sanction by the Government is enjoined by law. This case was with regard to prosecution of a Government servant not removable except by the order of the Government. In order to appreciate this decision we..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ....... Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ..Category: Criminal Law | Date: | Hits: 56
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....s of both the appellants. PW- 23 was a technical assistant of BRTA, who is a seizure list witness regarding the car. PW-24 was the Investigation Officer of the case and PWs- 25-26 were the driver and master of the cargo-vessels of the appellants, who were also the seizure list witnesses with regard ......16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219....... Sajjad Ali Chowdhury, Advocates - For Petitioner. No one - For the Opposite Parties. Criminal Revision Case No. 38 of 1986. Judgment AKM Sadeque J.- This Rule obtained under Section 439 and 435 of the Code of Criminal Procedure is directed against the judgment and order purported to ha....... He sought to be represented by his Advocate Abul Kalam Azad in the subÂsequent dates. The learned Magistrate far from grantÂing this privilege to the complainant, which was due to him as a public servant under the proviso to the sec. 247 of the Cr. P.C., had only passed the order "not admitted."..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....rdingly, the Rule is discharged without, howevÂer, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ......Hossain, Advocate - For the Respondent No.3. Writ Petition No. 29(c) of 1988. Judgment Mohammad Abdur Rouf, J.- The petiÂtioner, one of the three contestants (other two are Respondent Nos.3 and 4) in the Union Parishads election to the office of Chairman, obtained this Rule Nisi on 12.7.88......rdingly, the Rule is discharged without, howevÂer, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ..Category: Election Law | Date: | Hits: 161
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......d. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......road. P.W.1 in his evidence has narrated the occurrence saying that he was sleeping in the eastern room of the west‑bhiti hut in the night following 10.8.88 along with his nephew Shahidullah P.W.6, servant Shah Alam, P.W.4 and in the western room, wife of his brother Roushan Akhtar P.W.2 and his n..Category: Criminal Law | Date: | Hits: 76
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