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Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......urt Division (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- ......tween 24.4.92 and 3.5.92. Section 409 of the Penal Code reads as follows: "409. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, comm..

Category: Criminal Law | Date: | Hits: 125

State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)

....t the subject matter of the case. They did not know and visit the place of occurrence, except once. The basis of implicating them (respondents) in the present case was that the workers, who worked on master roll to implement the projects, were not available at their given addresses. But it came out ......ourt Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State………………………………………….Appellant Vs. Md. Shah Nowroj and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 97

State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)

....t the subject matter of the case. They did not know and visit the place of occurrence, except once. The basis of implicating them (respondents) in the present case was that the workers, who worked on master roll to implement the projects, were not available at their given addresses. But it came out ......Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State……………………………………………………..Appellant Vs. Sheikh Mujibur Rahman and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)

....t the subject matter of the case. They did not know and visit the place of occurrence, except once. The basis of implicating them (respondents) in the present case was that the workers, who worked on master roll to implement the projects, were not available at their given addresses. But it came out ......on (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State…………………………………………………….Appellant Vs. Sk. Arif Newaz and others………………………..Respondents Judgment May 25, 2011. Lawyers Involved:......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ..

Category: Criminal Law | Date: | Hits: 86

Abdul Jalil Vs. Bangladesh Steel & Engineer­ing Corporation, 1989, 18 CLC (HCD)

....ase of Md. Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45 held that the employee of a corporation not being an employee of the Government, relationship between them will be one of master and servant and further relying on the decision reported in 19 DLR 307 held that the plaintif......l Jalil............................................Petitioner Vs. Bangladesh Steel & Engineer­ing Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- ......Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45 held that the employee of a corporation not being an employee of the Government, relationship between them will be one of master and servant and further relying on the decision reported in 19 DLR 307 held that the plaintiff being an ..

Category: Employment/Service Law | Date: | Hits: 108

Chittagong Textile Mills Ltd. Vs. The Chairman, Labour Court, Chittagong and another, 1990, 19 CLC (HCD)

....f dismissal was unfair and illegal and the relationship between the petitioner and the respondent No. 2 was not happy and that it would not be proper to thrust the respondent No. 2 upon the unwilling master by ordering his reinstatement and that ends of justice would be met if the dismissal order wa......ecial Original Jurisdiction) Present: Nurul Hoque Bhuiyan J Mainur Reza Chowdhury J Chittagong Textile Mills Ltd................Petitioner Vs. The Chairman, Labour Court, Chittagong and another........Respondents. Judgment June 19, 1990. Lawyers Involved: Md. Khalilur ......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 471. ..

Category: Labour and Industrial Law | Date: | Hits: 133

Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)

....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ...... Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Munshi Mozammel Hossain...................... Petitioner Vs. The Post Master, (Ist Class), Faridpur Head Post Office, District‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahma......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ..

Category: Administrative Law | Date: | Hits: 182

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......1 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......etitive examinations and/or going through the recruitment procedure conducted by the PSC and upon appointment by order of the President (Annexures-“D”-“D-17”). 11. Under FR 9(13), a public servant has a lien or title to hold substantively the permanent post to which he has been appointed...

Category: Constitutional Law | Date: | Hits: 145

Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)

.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......…………………………..Respondent Judgment March 26 & 27, 2011. Lawyers Involved: No one-For the appellants. Md. Selim, Deputy Attorney-General with Md. Ensanuddin Sheikh and Md. Nurul Islam Matubber, Assistant Attorney-Generals-For the State. Criminal Appeal No.2136 ......oga who recorded the G.D.E. and seized alamats, P.W.9 Shafiqul Islam is alleged to be a common relation of both the parties who denied the suggestion of being a tutored witness, P.W.10 Khoka Mia is a servant of informant’s cousin who, at first, saw the dead body of Hablu lying in the alleged “So..

Category: Criminal Law | Date: | Hits: 69

Amina Khatun & others Vs. M/s. Quickways Agency, 1990, 19 CLC (HCD)

....sual worker. But in this case there being no evidence on record that Manu Mia was a casual worker the Commissioner rightly found that Manu Mia was not a casual worker and there was no relationship of master and servant between the employer and Manu Miah. The Commissioner also found that the claim wa......tun & others ...............................Appellant Vs. M/s. Quickways Agency ...............................Respondent. Judgment August 6, 1990. Case Referred to- Aftab Flur and Allied Industries Ltd. Vs. Mst. Nasim Akhtar, 16 DLR (WP) 199. Lawyers Involved: Sk. Zulfi......rkman" means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is‑ (i) a railway servant as defined in section 3 of the Railways Act, 1890 (IX of 1890), not permanently employed in ..

Category: Labour and Industrial Law | Date: | Hits: 98

Sadharan Bima Corporation Vs. Bangladesh Shipping Cor­poration and others, 1990, 19 CLC (HCD)

....ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ...... Court High Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation........................Plaintiff Vs. Bangladesh Shipping Cor­poration and others.............Defendants. Judgment June 12, 1990. Cases Referred to- Al‑Say......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)

....l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......cate ‑ For the Opposite Party. Civil Revision No. 832 of 1990. Judgment Mainur Reza Chowdhury J. - This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should no......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...

Category: Family Law | Date: | Hits: 230

AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)

....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ...... J AHM Kamaluddin another……………….Petitioners Vs. The State....................................Opposite Party. Judgment August 21, 1989. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Criminal Revision......olation of the provisions of the rules of the Bank and in collusion with Sk. Maniruzzaman dishonestly misappropriated the said amount and by corrupt and illegal means abusing their position as public servant obtained pecuniary advantage either for themselves or for the borrower and that they also co..

Category: Criminal Law | Date: | Hits: 63

Abdur Rashid Vs. State, 1990, 19 CLC (HCD)

....fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279....... Abdul Hasib J Abdur Rashid.......................Petitioner Vs. The State ...........................Opposite Party. Judgment May 20, 1990. Cases Referred to- Syed Ahmed and another Vs. The State and another, 1984 BLD 133; 37 DLR 336; Md. Zillul Rahim Vs. Nazmul Karim S......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...

Category: Criminal Law | Date: | Hits: 66

Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)

.... offence is satisfied that the casualty or the loss, injury or damage is attributable to the fault of any inland ship or any other vessel or to any default, incompetence, misconduct or offence or the master or any other officer or crew of the ship, it may, without prejudice to the provisions of sub...... as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 164

Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)

....‑ (a) such building or part thereof has been constructed or re‑constructed, or such tank or part thereof has been excavated or re‑excavated at a place or in a manner which is contrary to the master plan or development plan, if any, of the area in which the building or the tank is situate, o......tion) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bh...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...

Category: Property Law | Date: | Hits: 77

Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)

....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ehadul Hoque J Sigma Huda ............................Petitioner Vs. Ishfaque Samad and others..........Opposite Parties Judgment January 17, 1993. Cases Referred To- Balkr......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..

Category: Family Law | Date: | Hits: 191

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ......sain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Abdul Hannan Khan (Md.)................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents. Judgment March 19, 1990. Cases Referred to- SP Sam......nion that the allegations, if established, would call for major penalty, the authority shall frame a charge, specifying therein the penalty proposed to be imposed and communicate it to the Government servant together with a statement of allegations on which it is based and of any other circumstances..

Category: Employment/Service Law | Date: | Hits: 79

Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)

.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Mohammad Fazlul Karim J Hasina Mawla……………………Petitioner Vs. Bangladesh Parjatan Corporation and another…………........Respondents Judgment November 18, 1992. Cases Referred To-......5 years service. Such provision has been provided by Public Servants (Retirement) Act, 1974 and section 9(2) thereof provided as follows: "Government may, at any time, retire from service a public servant who has completed twenty five years of service without assigning any reason." 6. Mr. Syed..

Category: Employment/Service Law | Date: | Hits: 88

Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)

....the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......rt High Court Division (Civil Revisional Jurisdiction) Present Bimalendu Bikash Roy Chowdhury J Chowdhury Miah……………………….Petitioner.. Vs. Dhanindra Kumar Shil and others…………………....Opposite Parties Judgment December 10, 1992. Cases Refe......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ..

Category: Procedural Law | Date: | Hits: 91