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....without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......ction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Golam Mostafa Miah (Md.) ……………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents
Judgment
November 4, 1988.
Result:
The Rule is ......ted in 1 MLR (AD) 1996, 161, in which case it was held that:
“It can hardly be disputed that a favourable recommendation by a Review committee for reinstatement of a removed/dismissed Government servant does not confer a legal right and is not binding with the Government. The Government in exer..
Category: Employment/Service Law | Date: | Hits: 73
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....essly barred by section 6, the provision 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......me Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Agrani Bank………………………Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition ......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......tar Ali Vs. State, 3 BLC (AD) 53; Bhuboni Safer Vs. the King ILR, 76 India Appeals 147; Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Babar Ali Mollah Vs. State, 44 DLR (AD) 10; State Vs. Mukhtar Ali and another, 10 DLR 155; Emran Ali alias Md. Emran and others Vs. State, 37 DLR. Lawyers Involve...... Mustafiqur Rahman, one of the eye‑witnesses, in examination‑in‑chief made the identical statements like PWs 1, 2 and 3 and proved the prosecution case. He stated that while he along with their servant Salam was sleeping in the corridor of the house 4/5 dacoits by pulling his hair woke up him ..Category: Criminal Law | Date: | Hits: 71
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......StateMohammad Sarwar Vs. State, 21 DLR (SC) 182; Bangladesh Vs. Abdur Rahman, 1982 BCR 367; Abdul Jabbar Vs. The State, 37 DLR 278; Emperor Vs. Anwar Ali, 1948 AIR (Lahore) 27; Rao Shiv Bahadur Singh and another Vs. State of Vindh‑P, 1954 AIR (SC) 322. Lawyers Involved: Serajul Huq with Zulm......any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act for showing or forbearing to show, favour or disfavour to any person by a public servant in the exercise of his public functions. It has also been held that conscious acceptance of ..Category: Criminal Law | Date: | Hits: 90
....so the case of the petitioner that one Mr. Md. Atiar Rahman, Professor of MM College, Jessore was behind the matter.
3. The respondent No.3, Nur Mohammad, Centre Secretary, Babuganj Centre and Headmaster, Dabuganj Pilot High School where the examination was held, filed an affidavit‑in‑opposit......upreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Md. Badruzzaman J
Kazi Shafiul Nasher…………………Petitioner
Vs.
Secondary and Higher Secondary Education Board, Jessore and others………………Respondents
Judgment
......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619...
Category: Civil Law | Date: | Hits: 159
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......nt: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Kazi Kamrul and others …………………….......Petitioners Vs. The State ……………………......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ..Category: Criminal Law | Date: | Hits: 64
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......Wahhab Miah J Bashaboo Girls High School, Madhay Bashaboo, Police Station- Sabujbagh, Dhaka represented by its Head Master-Cum-Secretary……………………..Petitioner Vs. Sharafunnessa and others …………....................................Respondents Order May 9, 2011. ......le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..Category: Property Law | Date: | Hits: 70
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
....Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another by the Appellate Division as reported in the Bangladesh Supreme Court Digest at page 96 that the law of master and servant will not apply to employee of a nationalised company which has lost its Corporate......cial Original Jurisdiction) Present: Qazi Shafluddin J Mainur Reza Chowdhury J Abdur Razzaque……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others…………………Respondents Judgment December 18, 1991. Result: The Rule ...... "(1) Notwithstanding anything contained in any other law for the time being in force or in any rule, regulation, bye‑law, instrument or contract or in any terms and conditions of service, a public servant shall, on his conviction of a criminal offence specified in the Schedule, stand dismissed fr..Category: Employment/Service Law | Date: | Hits: 67
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......emo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The......rity to take decision within one hundred and twenty working days from the date of communicating the charges under these Rules or within one hundred and fifty working days from the date the Government servant is placed under suspension, whichever is earlier, the accused shall stand discharged of the ..Category: Employment/Service Law | Date: | Hits: 177
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......a Shwe Baw (1929) 7 Rang 777, 121 I.C. 718, Gagu Bibi V. Mesal Shaikh (1936) 63 cal 415, 164 I.C. 957, Shahzada Begum V. Abdul Hamid (1950) Lah 773, Khorshed Alam @ Shah Alam V. Amir Sultan Ali Hyder and another, 38 DLR (AD) 133, Debendra Mohan Rai V. Sona Kunwar, (1904) 36 Allahbad 295, Abdool Raza...... in, the acknowledgment.” 24. There are exceptions to the presumption of cohabitation. It is said, co-habitation means something more than mere residence in the same house. Residing as a menial servant in the house of a Muslim and bearing a child to him does not raise presumption of marriage, ..Category: Family Law | Date: | Hits: 318
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... This Case is also Reported in: 55 DLR (2003) 307. ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....ll the papers produced before the Court by defendant No.1 in Title Suit No.51 of 2004 and astonished to find that bainanama and other deeds relating to allotment of the said property were prepared so masterly that it is difficult to find as to which one is true, real and original and which one is fo......ppellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejha...... to the committee personally and gave his statement. No one from the side of the plaintiffs or their representative was present. Commission after hearing decided that since applicant was a government servant as such RAJUK will collect his service record and place the same before the commission and t..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......is also Reported in: 45 DLR (HCD) (1993) 541.......ames vide rent receipts Ext. 4 series. P.W.1 is corroborated in respect of plaintiffs' exclusive possession of the suit plot by a neighbouring resident P.W.2 Azharul Islam who is a retired Government servant. P.W.6 Md. Tayeb Ali also corroborated the P.W.1. P.W.3 Mansur Ali who had a piece of land t..Category: Property Law | Date: | Hits: 55
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocate - For the petitioner. S. K. Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - Opposite Party No.1 (State). Md. Khurshid A......r by himself or in the account of the petitioner? (7) Why it should not be weigh with the ACC that Mr. Md. Habibur Rahman has accepted bribe against the bills by abusing own positions as a public servant and himself obtained the pecuniary advantage? May be by using the name of the petitioner? ..Category: Criminal Law | Date: | Hits: 111
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......site Party Judgment September 23, 1992. Cases Referred to- Saber Ahmed Vs. Manzur Mia ad others, 35 DLR 213; State Vs. Md. Safikul Islam, 40 DLR 310; 17 DLR (SC) 26; Sheikh Mujibur Rahman and another Vs. State, 15 DLR 549; Nazir Hossain Shah Vs. State, 17 DLR (SC) 26; Nazir Hossain Shah ......as taken from Uttara Bank as loan and the balance sum of Tk. 650,00000.00 was paid by him and the same amount was found in his possession and the possession of his dependent in his capacity as public servant and on his failure to account for such amount found to be disproportionate to his known so..Category: Criminal Law | Date: | Hits: 286
....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......ivil)
Present:
MM Ruhul Amin CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
BK Das J
Md. Muzammel Hossain J
The Managing Director, Dhaka Power Distribution Company Limited and another……………………...................Petitioners
Vs.
Borhanuddin Bhuiyan and......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178...
Category: Employment/Service Law | Date: | Hits: 62
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August 27, 1991.
Ca......ion."
The learned Chief Justice in his judgment also referred to the case of Lekhraj Satramdas Vs. M. M. Shah 1966 (SC) 334 wherein it has been held that duty or obligation falling upon a public servant out of a contract entered into by him as such public servant cannot be enforced by the machi..
Category: Property Law | Date: | Hits: 92
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Iraman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sunil Chandra Chowdhury.................................Appellant Vs. Elders Limited and another............rties and considering the facts and circumstances, found this appellant guilty of contempt of Court and sentenced him as aforesaid making observations to the effect that this appellant being a public servant acted deliberately with the intention to nullify Trade Mark Application No.1 of 2001, that w..Category: Intellectual Property Law | Date: | Hits: 270
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....he room found some persons counting money on a table who were asked about gold. Then on searching the 'Puja Ghar' 2 gold bars were recovered from the belt of a sofa. Thereafter, Suchitra, wife of Headmaster Narayan Banik, opened an almirah from where they seized Bangladeshi money more than 13 lac an...... This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ...... Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State…………………………………………………………………………Appellant Vs. Sree Ram Krisna Nath (Ram Babu) and another……... Respondents Judgment October 12, 2011. Case Referred to- Abdus Sala......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 83
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