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Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... This Case is also Reported in: 48 DLR (1996) 61. ......ven if he is a trespasser who gets the right under the criminal law to defend his property against attack even by the true owner. Similarly' an occupation of the property by a person as an agent of a servant at the instance of the owner will not amount to actual physical possession." 25. Now, in ..Category: Criminal Law | Date: | Hits: 86
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......ddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to-......ended that the claim of the petitioner to be appointed as Joint Secretary on the ground of seniority alone is not sustainable as seniority alone cannot be the sole criterion for promotion of a public servant. As such, according to the contesting respondent, there is no substance in this writ petitio..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....damage to the plaintiff’s Tanker T-1049. The ebb tides was in favour of the plaintiff’s Tanker and the plaintiff’s Tanker was fully loaded but the defendant’s vessel MT ESSENCE was empty. The master of the plaintiff’s Tanker took all precautionary measures to avoid collision but the master......f the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....y Suit can be filed by the owner or consignee or assignee of any bill of lading of any goods carried by ship for damage done to the goods or any part thereby by negligence or misconduct of the owner, master or crews, Under Section 6 the owner or consignee or assignee of any bill of lading can file a.............…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocea......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......pazilla-Monirampur, District Jessore…………………..Petitioner Vs. 1. The Government of the People’s Republic of Bangladesh represented by its Secretary, Ministry of Education (Primary and Mass Education), Bangladesh Secretariat, Ramna, Dhaka. 2. The Director General, Directorate o......lf of the writ petitioner has taken this court through the provision of Section 3(2)(B) of the Primary School (Taking Over) Act, 1974 (Act No. VIII of 1974) and argued that the petitioner is a public servant and as such his employment is controlled by the Bangladesh Service Rules (BSR) Part I whereu..Category: Employment/Service Law | Date: | Hits: 70
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......ndent. Government Appeal No. 04 of 1984. Judgment Md. Abdul Aziz J.- This is an appeal under section 417(1) of the Code of Criminal Procedure on behalf of the State arising out of judgment and order dated 16-2-84 passed by the learned Sessions Judge, Dhaka in Session Case No.497 of 1983 a...... and they returned back from there at about 8 PM along with their second daughter and that they were busy after the return and at about 11-00 PM Mr. Arshad informed him that the condition of the maid servant Golapi was very much precarious and then Mrs. Arshad sent the cook Kamal to Golapi’s siste..Category: Criminal Law | Date: | Hits: 60
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
.... temporary projects and they were the employees of the loan borrowers of the Bank. The respondents were never employees of the petitioner. They were appointed for different borrowers and there was no master and servant relationship between the presents petitioner and the respondent No.2 in the Writ ......rt Dhaka & another………………Respondents Judgment July 25, 1999. Cases Referred To- Management Board, AR Howlader Jute Mills Ltd. Madaripur Vs. Chairman of the 1st Labour Court and others, 28 DLR 368; Deputy Managing Director, National Bank of Pakistan, Dacca and another Vs. K......projects and they were the employees of the loan borrowers of the Bank. The respondents were never employees of the petitioner. They were appointed for different borrowers and there was no master and servant relationship between the presents petitioner and the respondent No.2 in the Writ Petitions. ..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......y Judgment June 29, 2000. Cases Referred To- Abdur Rahman Vs. State, 29 DLR (SC) 256; Abul Hossain Sana Vs. State, 14 DLR (SC) 96; Pir Badsha Vs. State, 15 DLR (SC) 55; Abdus Salam Master and another Vs. State, 36 DLR (AD) 58; Abdus Salam @ Salam and another Vs. State, 36 DLR (AD) 58. ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......ppeal No. 525 of 1991. Judgment Amirul Kabir Chowdhury J.- This appeal at the instance of the accused-appellant preferred under section 30 of the Special Powers Act, 1974 arises out of judgment and order dated 27-4-1991 passed in Special Tribunal Case No.59/1990 by the learned Additional Sessi......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...Category: Criminal Law | Date: | Hits: 48
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......the appellant. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 3412 of 2008. Judgment AKM Asaduzzaman J. - This appeal was preferred against the judgment and order dated 26.07.2007 passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Ses...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ......eme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Government of Bangladesh and others.......................Petitioners Vs. Sontosh Kumar Shaha and others ....................the petitioner require consideration, as such, leave is granted on the following questions: I. Whether the petition under Article 102 is maintainable when the grievÂance of the writ-petitioner, a servant of Republic, is in respect of his terms and conditions of his service. II. Whether the pr..Category: Employment/Service Law | Date: | Hits: 73
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......……… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque and another Vs. State,......6-12-98 at about 3-00 AM she and her husband deceased Abdul Khaleque Bhuiyan along with their 7 months child Abdullah Al-Bahadur were asleep on a cot in the southern room of their house and their maidservant Jharna slept on another cot in that room. At that time on hearing some sound Abdul Khaleque ..Category: Criminal Law | Date: | Hits: 91
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....hat he had been requested to come over telephone. He has also stated that the security light was controlled by one switch located in the generator room. After 10/12 days of the occurrence he told his master (PW 2) and others about the telephone talk between Badal and Hasan in the night of occurrence......diction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- ......girl named Shajneen in her bedroom. The prosecution alleges that the rape and murder took place as a result of the concerted and planned efforts of the condemned-prisoners, all of them being domestic servants and employees of the household of the victim's father. 4. The prosecution case is briefl..Category: Criminal Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....e issuing bank, PBL which transmitted the letter of credit via their correspondent, the Chemical Bank, Seoul, South Korea to third defendant KEB. The letter of credit was established on the back of a master letter of credit No. 6005696745K2 opened by Dr. Rehfeld Handelsgaselschaft MBII, Hamburg thro......vil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 13, 2004. Cases Referred To- ......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
Category: Environmental Law | Date: | Hits: 484
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351....... Judgment Md. Ashfaqul Islam J. - Accused appellant Abdus Sattar @ A. Saltar @ Sottar along with other accused namely, Pijush Kanti Barua, Md. Hossain, Md. Soleman, Baharul Islam @ Bahar, Bashikka and Sunil Ghose were found guilty under sections 395/397 of the Penal Code and each of them were con......s cross-examination that he did not identify anyone in the Test Identification Parade. In cross-examination he did not mention the name of the convict-appellant. 13. PW 2 Loknath Barua, who is the servant working in the informant's house, in his deposition only narrated that the occurrence which ..Category: Criminal Law | Date: | Hits: 59
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......t & another……………..Respondents. Judgment August 14, 2005. Cases Referred to- Mobarakganj Sugar Mills Ltd. Vs. ABM Kazi Naznd Islam, 1987 BLD (AD) 182; Messrs Malik & Haq and another Vs. Md. Shamsul Islam Chowdhury and two others, 13 DLR (SC) 228. Lawyers Involved: ......s place in the case of Messrs Malik & Haq and another Vs. Md. Shamsul Islam Chowdhury and two others reported in 13 DLR (SC) 228 wherein it has been held that: "The relationship of Master and servant can be terminated by the Master even when he files the written statement or appears in Court..Category: Employment/Service Law | Date: | Hits: 67
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......¦â€¦â€¦â€¦â€¦â€¦â€¦.Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Petitioner. AKM Mainuddin with Nurul ......ed in accordance with condition No. 5 or condition No. 9 of the auction notice as observed by the learned Additional District Judge in his judgment in the appeal and that the defendant being a public servant acted bona fide by calling a fresh auction as contemplated in condition No. 6 with a view to..Category: Business or Commercial Law | Date: | Hits: 209
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......High Court Division (Criminal Revisional Jurisdiction) Present: SK Sinha J Shamim Hasnain J Ziaul Hoque Chowdhury (Md.)…………………………………Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment A......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... most powerful underwater earthquake tsunami as a result of which the containers laden with the cargo dropped into the sea at Colombo and the cargo in the containers was washed away by sea water. The master of the vessel MV Jaami lodged marine note of protest on 26-12-2004 at Colombo. The plaintiff ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Plaintiff Vs. MV X-Press Manaslu, MV X-Press Resolve & others………Defendants. Judgment February 6, 2006. Result: The vessels MV X-Press Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A ...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314