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Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)

.... Bidhimala framed thereun­der keeping in view of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......d. Shamsul Huda J  Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment  October 8, 2012.  Result: Th......is needless to mention that the Act, 1958 was enacted for more speedy trial and more effective punishments of certain offences and the petitioner and the other accused being bank officials are public servants and the offence allegedly committed by them being under section 409 of the Penal Code was e..

Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

....m Vs. Bangladesh is very much important for proper adjudication, wherein it was held that the relationship between the Government and its servant is not like an ordinary contract or service between a master and servant. The legal relationship is something entirely different, something in the nature ......n (Criminal Appellate Jurisdiction) Present: Soumendra Sarker J Jnanendra Nath Barai ..................Plaintiff- Petitioner Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others.......................Defendant-Opposite Parties Judg......t reported in 33 DLR (AD) 201 in the case of Doctor Nurul Islam Vs. Bangladesh is very much important for proper adjudication, wherein it was held that the relationship between the Government and its servant is not like an ordinary contract or service between a master and servant. The legal relation..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)

....authority shall maintain strictly the prevailing quota system for employment in the public employment being followed by the Government. (xi) The LGED shall consider the cases of those working on master roll basis for absorption in the revenue budget by phases if they have requi­site qualifi......Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, repre­sented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others.............Petitioners Vs. Md. Abul Kalam Azad and others...........................subject to availabil­ity of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ..

Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6

Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)

....rity shall maintain strictly the prevailing quota system for employ­ment in the public employment being followed by the Government. (xi) The LGED shall consider the cases of those working on master roll basis for absorption in the revenue budget by phases if they have requisite qualifi­......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Education and others..................................................Petitioners Vs. Md. Abul Kalam...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ..

Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5

Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)

....e culpability of the appellant in the inci­dent and accordingly, convicted him under those two counts. If the High Court Division was convinced from the materials on record that the appellant had master minded the killing and that he was the main conspirator, his conviction would have been under......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ......pellant Yasin Rahman @ Titu had some relationship with Samanja the daughter of AK Shamsuddin Khan @ Jambu Khan. The material part of the evidence of this witness is that she started to work as a maid servant in the house of AK Khan where she worked for five years and then after his son Shamsuddin Kh..

Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Government of the People's Republic of Bangladesh and others Vs. Md. Harun-or-Rashid and others, 2012, 41 CLC (AD)

....g authority shall maintain strictly the prevailing quota system for employment in the public employment being followed by the Government. (xi) The LGED shall consider the cases of those working on master roll basis for absorption in the revenue budget by phases if they have requi­site qualificat......tana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Finance Division, Bangladesh Secretariat and others........Appellants Vs. Md. Harun-or-Rashid and others.....................................ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ..

Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad......of "statutory public authority" within the meaning of Article 152 of the Constitution and the petitioner having admitted in his affidavit that his profession is service, he is a pub­lic servant and therefore, he cannot continue as Managing Director of the Bank even after crossing the a..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)

....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74.     ......    ......ng anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some other day: Provided that, where the complainant is a public servant and his personal attendance is not required, the Magistrate may dispense with his attendance..

Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7

Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....ssued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the attempt to change the historical and approved master plan of Dhaka New Market Complex Structure, should not be declared as illegal, with­out l......ation…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: An......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......      ......(1) 2 (two) officers of the Ministry of Establishment issued the 3 (three) nomina­tion letters, but they could not show any document about the status of the 13 FIR named accused as surplus public servants; (2) on the other hand, the two parent Departments of those employees being বাং..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ...... & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Result: The Rule is disposed of. Words and phrases Surplus public servant and চাকুরীচ্যুত কর্মচার......…………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Result: The Rule is disposed of. Words and phrases Surplus public servant and চাকুরীচ্যুত কর্মচারী The term "surplus public ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....tract being contract No.GP-0024 (A) on 16.04.1992 with M/s. Global Trade, an agent of M/s. NV PPLETERS VISBEDRUF INDUS­TRIE ZONE BLAUWE TOREN KOL VESTRAAT 4-800 BRUGGE BELGIUM for exportation of 420 master cartons frozen shrimps and obtained invoice No.FEL/92/01 dated 23.04.1992 for 420 master cart......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) Judgment February 26, 2012. ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......ion Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Syed Mahmud Hossain J Md. Abul Kashem.............................Appellant Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment February 14, 2012. Result: The appeal is dismissed. C......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)

....at the victim-informant was a maid-servant at the house of appellant No.2. Both the appellants are police personnel. It is very unusual that a maid-servant would dare to file a false case against her master, who belongs to police. A statement made by one Kamruzzaman has also been annexed with the ap......s Case is also Reported in: ......ific allegations of commission of offence under section 10(1) of the Ain against both the appellants. The final report annexed with the application for stay shows that the victim-informant was a maid-servant at the house of appellant No.2. Both the appellants are police personnel. It is very unusual..

Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ......ud Hossain J Md. Shamsul Huda J      Md. Imman Ali J                Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 ......mmut­ing the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98.         ..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......p;  Md. Abdul Wahhab Miah J  Nazmun Ara Sultana J Syed Mahmud Hossain J   Md. Shamsul Huda J   Md. Imman Ali J  Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h......uot; principle. 13. In State of Bombay Vs. Hospital Mazdoor Savha, AIR 1960 SC 610, the question involved was that two employees of a chain of hospitals were removed and in their place two state servants were appointed. The retrenched employ­ees filed a writ of mandamus directing to rein&sh..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......bsp; Nazmun Ara Sultana J     Md Shamsul Huda J     Syed Mahmud Hossain J Md. lmman Ali J     Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others...............lat and 2nd Floor. North side 1 (one) flat as per measure­ments. The Developer will construct a small room, present kitchen size (250 sft.) on the top floor (roof) for the use of the Land Owner (for servants) and a cover for keeping a car after the demolishing of the existing garage and servant qua..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ......pecial Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18, 2012.  ......pter XXVI of the Code of Criminal Procedure, 1898. 17. Section 193 of the Penal Code deals with punishment for false evidence, section 228 deals with intentional insult or interruption of public servant sitting in judicial proceeding, and section 196 of the Penal Code deals with using evidence ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8

Moulana Motiur Rahman Nizami and another Vs. Anti-Corruption Commission and another, 2011, 40 CLC (HCD)

.... Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 1. ......Anwarul Hoque J Md. Mozibur Rahman Miah J Moulana Motiur Rahman Nizami………………….Accused-petitioner Vs. Anti-Corruption Commission and another……………………………&......the accused persons which is required to be unearthed either by circumstantial or oral evidence to be adduced by the prosecution during the course of trial. Moreover, abusing their position as public servant the accused-petitioners contributed much for obtaining pecuniary benefit for some other pers..

Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96