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Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
.... not call for interference. According to the decisions reported in 13 DLR 458, 13 DLR (AD) 228, 19 DLR 307, 21 DLR 581 and 30 DLR 262, the service of a servant cannot be enforced against an unwilling master as the service of the plaintiff petitioner is governed by the rules of Master and Servant. ......004) 474. ...... his contention he cited that case of SE Kabir Vs. Spencer & Co, (Pak) Ltd and others reported in 21 DLR 581 wherein it has been held that in the absence of any statutory provision protecting the servant, which have the impact of keeping the servant in service to grant to the servant a decree ag..Category: Employment/Service Law | Date: | Hits: 96
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....€‘3‑83 transferred the undertakings of Uttara Bank to the newly constituted Uttara Bank Ltd. and after such transfer, the terms and conditions of the plaintiff would be governed by the principle of master and servant. No suit would therefore, lie against termination in a Civil Court. 27. Paragr...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Uttara Bank Ltd...............................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is......ansferred the undertakings of Uttara Bank to the newly constituted Uttara Bank Ltd. and after such transfer, the terms and conditions of the plaintiff would be governed by the principle of master and servant. No suit would therefore, lie against termination in a Civil Court. 27. Paragraph 6 of th..Category: Employment/Service Law | Date: | Hits: 174
Madina Vegetable and Oil RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 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 breach 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 ...... no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From the judgment and order dated 2.2.2009 passed by the High Court Division in Criminal Appeal No.588 of 1989.) Ju......onsequence. The appellant had no talking terms with his mother and on the date of occurrence, the informant was away from home, when he got information that his mother was murdered by Gopal Karmaker, servant of Pulin Mahajan. After returning home on query from his wife he came to know that Gopal Kar..Category: Criminal Law | Date: | Hits: 81
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......sion (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Wadiuzzaman ………………………Petitioner (In all Writ Petitions) Vs. Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29......evant Rule for the instant case is provided in Rule 5 of Chapter IV relating to staff which reads thus: "(1) The Authority shall determine- (a) the number, designation and grade of officers and servants whom they consider necessary to employ for the purpose of the Ordinance; (b) the scale o..Category: Employment/Service Law | Date: | Hits: 116
Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)
.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......n J Shamsul Haque (Md.)........................................Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief, Bangladesh Secretariat, Dhaka and others…………………………………………......e petitioner is clean and satisfactory. But the transfer orders from one place to another have been made for collateral purpose and mala fide. 3. Mr. Amjad Hossain submits first, that a Government servant according to Rule 4 of the Government Servant (Appointment and Promotion) Rules, the petitio..Category: Administrative Law | Date: | Hits: 205
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
.... upon hearing the learned counsel of the parÂties, we find merit in this petition. Leave is, therefore, granted to consider the additional grounds as under: "I. Whether the writ petitioners being master roll workers working on contracÂtual basis can maintain the writ petition challenging the ad......ssain J Surendra Kumar Sinha J Bangladesh Technical Education Board represented by the Chairman Agargaon, Shere Banglanagar, Dhaka.........................Petitioner Vs. Md. Anamul Haque and others…….......Respondents Order October 6, 2010. Result: The order of status-q...... of the Paper book is disÂpensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ..Category: Employment/Service Law | Date: | Hits: 133
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......553 of 2003 with 7936 of 2002. Judgment Md. Hamidul Haque J.- These Rule were issued calling upon the respondents to show cause as to why the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No.LII of 1974) introduced by Ordinance No.XLIX of 1982 a...... but we are of the view that the principle laid down in that case is not applicable in the present case before us. The principle laid down was in the background of compulsory retirement of Government servant. The Court observed that there was no guideline and, as such, there was no scope of pick and..Category: Civil Law | Date: | Hits: 79
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......n (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Abdul Mannan Bhuiyan (Md.)........................Petitioner Vs. University of Rajshahi and others...............Respondents Judgment April 26, 2004. Lawyers Involved: Md. Taju......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ..Category: Others | Date: | Hits: 157
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......ssain, 16 DLR (WP) 48; 7 DLR (FC) 1; Ali Vs. Crown, 4 DLR (SC) 551; Fazal Elahi Vs. Crown, 5 DLR (WP) 13; Khan Vs. Crown, 7 DLR (FC) 1; Mobarak Hossain Vs. State, 33 DLR 274; Barkat Ali alias Gharibu and others Vs. Crown, 1969 (SCMR) 448; Muhammad Ismail and others Vs. State and another, 1970 PLD (K......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Air Marshal Jamaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of BanglaÂdesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is ma......hurch of England also with the start of democratic process, by and by, such powers and functions are being exercised by the Ministers of the Sovereign but elected by the people. The Ministers are the servants of the Crown so also the civil servants and the members of the armed forces. Since the Bill..Category: Employment/Service Law | Date: | Hits: 148
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... against the respondents, reflecting enormous industry and vast erudition, his attitude to substantial and real justice by a Court ignoring the technical flaws and irregularities, and the mode of his masterly and authoritative submissions-are a lesson to all, particularly to the young member of the ......cial Original Jurisdiction) Present: Mozammel Hoque J Md. Abdul Matin J Abu Bakkar Siddique..................................................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule i...... the persons in the service of the Republic through the Public Service commission. Further provisions are there for re-organisations of services of the persons of the Republic. Some of the Government servants are appointed through Public Service Commission and some are appointed directly by differen..Category: Constitutional Law | Date: | Hits: 200
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....d the right of the petitioners and the public in general to use the said area as car park for the RAJUK is not authorised to change the characteristic of the said area inasmuch as it is a part of the master plan of Gulshan Model Town. It has further been stated that in the master plan of 1995-2015 t......s Case is also Reported in: 64 DLR (HCD) (2012) 203. ......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......t High Court Division (Special Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Afia Khatun .............Petitioner Vs. Secretary, Ministry of Works and another ...........Respondents. Judgment February 4, 1992. Result: The Rule is disch......was subsequently transferred to Ministry of Relief & Rehabilitation on 16.3.83 as Deputy Director and since then she has been holding the same post. The husband of the petitioner is also a public servant. He is also member of Bangladesh Civil Service (Judicial). 3. The Petitioner while being ..Category: Property Law | Date: | Hits: 75
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
.... damage to the goods which were imported by the defendant No.9, Since there was damage done to the goods carried by the defendant No.1 and since there was breach of contract on the part of the owner, master or crews of the vessel, the present suit is maintainable. Mr. Rafiq‑Ul‑Huq, on the other ......DLR (HCD) (1992) 171.......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......im @ Ibrahim Vs. State, 41 DLR 524; Arshadullah Vs. the State, 21 DLR 684;Bhuboni Sahu Vs. The King, 2 DLR 39; Kochi @ Jishan & ors. Vs. The State, 8 BLD, 412. Lawyers Involved: Zakir Ahmed and Md. Ashfaqul Islam, Advocates ‑ For the Appellants. Shah Azizur Rahman Assistant Attorney G......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....g serious bleeding injuries and after Serajul Islam and Liton assaulted him with gaiter kacha and again Sahidul Islam attempted to give another blow when he took shelter in the nearby house of Kashem master and breaking upon the door of Serajul Islam, Shahidul Islam and Liton entered into their hous......-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506...Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....aset, a servant of P.W.1, corroborated P.W.1 about his calling of the informant in the night of occurrence at the threat of dacoits. He further said that when the dacoits entered into the room of his master, he somehow managed to flee away therefrom leaving his wearing apparels and untied his hands ....... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......n case, in brief, is that on the night following 16-3-1988 informant Md. Abdul Malek Bhuiyan was sleeping with his wife and other members of his family in his west Bhiti hut and at about 12-30 AM his servant A. Baset called out to open the door, but this daughter Selina forbade him to do so whereupo..Category: Criminal Law | Date: | Hits: 70
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......l Procedure, Deputy Commissioner, Dhaka has been called upon to show cause as to why the order dated 5-6-1990 passed in Anti-Corruption Tribunal Case No.1 of 1990 of the Court of Senior Special Judge and Senior Special Tribunal (Anti-Corruption), Dhaka refusing to discharge the accused-petitioner fr......on 241A of the Code of Criminal Procedure with the prayer of discharging him from the proceeding contending, inter alia, that provision of law as in the Act is applicable only in respect of ‘public servant’ and that the provisions of the said Act have no manner of application in respect of ‘or..Category: Criminal Law | Date: | Hits: 62
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... Attorney-General — For the Respondent. Criminal Appeal No.1820 of 1996. Judgment Kazi Ebadul Hoque J.- This appeal by the convict-appellant Abul Bashar Shaikh is directed against judgment and order dated 5-11-96 passed by the Special Tribunal, Shariatpur in Special Tribunal Case No.8/96 ...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...Category: Criminal Law | Date: | Hits: 73