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Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)
....red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ......Md. Jahangir Kabir………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education, Primary and Mass Education Division, Bangladesh Secretariat, Dhaka and another.............Respondents ......red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ..Category: Administrative Law | Date: | Hits: 243
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......m J Md. Tafazzul Islam J Md. Joynul Abedin J Abdur Rashid and others……………….......Petitioners Vs. Md. K......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ..Category: Property Law | Date: | Hits: 23
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ....... XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque K......, 2004. Result: The appeal is dismissed. The Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and ..Category: Criminal Law | Date: | Hits: 63
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ...... time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is a grater than his principal; that the servant is above his master, that the representatives; of the people are superior to the people themselves; that men acti......ivision Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222......der which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is a grater than his principal; that the servant is above his master, that the representatives; of the people are superior to the people them..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......r Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar C...... Dhaka and outside Dhaka: a. Mutiny; b. Murder and attempt to murder; c. Voluntarily causing hurt and grievous hurt by dangerous weapons or means; d. Using criminal force to deter public servant from discharge of his duty; e. Wrongful confinement of the officers’ family members and..Category: Constitutional Law | Date: | Hits: 289
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......on-Record— For the Appellant. Md. Khurshid Alam Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Criminal Appeal No. 25 of 2006. (From the judgment and order dated 25-10-2003 passed by the High Court Division in Criminal Appeal No.1383 of 2000 with......tioner Anowar Hossain Pinto accompanied by other accused persons came to the house of the deceased Abdul Halim, Chairman in an aggressive mood and misbehaved with Lipi. Then Khorshed Alam, a domestic servant of Abdul Halim Chairman, persuaded them to stop and assured them that the Chairman would set..Category: Criminal Law | Date: | Hits: 53
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......n J Md. Tafazzul Islam J Md. Hassan Ameen J Secretary, Bangladesh Jute Mills Corporation, Adamjee Court, Motijheel, Dhaka..…Petitioner Vs. Md. Abdur Rashid Miah and another...............Respondents Judgment May 13, 2007. Lawyers Involved:......ransferred to Bangladesh Jute Mills Corporation (BJMC) on April 24, 2002 as General Manager (Administration), that the petitioner was servicing under the BJMC and thus he has been treated as public servant and after the closer of the Adamjee Jute Mills Corporation (AJML) the policy decision Golde..Category: Employment/Service Law | Date: | Hits: 61
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......to Appeal No. 256 of 2006. (From the judgment and order dated the 6th April, 2006 passed by the High Court Division in Criminal Miscellaneous Cas......ose out of kidnapping the victim, but the victim stated in her statements recorded under Section 22 of the said Ain that she was in a house wherein she was tortured for her activities as maid-servant and thus the said sections will not lie against the petitioner in the instant case and as s..Category: Criminal Law | Date: | Hits: 52
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......preme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Ranjit Kumar Bal and another…………………………….......ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ..Category: Property Law | Date: | Hits: 74
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ...... Md. Tafazzul Islam J Md. Joynul Abedin J M/S Yellow Pages (Pvt.) Ltd.............................................Petitioner Vs M/S Business Data Information Ltd. and another…...........Respondents Judgment December 4, 2008. Lawyers I......quot;Bangladesh Yellow Pages" bearing Trade Marks Registry No. 50431 in class-26 and the suit has been decreed in part on contest without costs restraining the petitioner company and its men, servant and agents by an order of permanent injunction from infringing the opposite party No. 2 Tra..Category: Intellectual Property Law | Date: | Hits: 329
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....case of the plaintiff respondent that she got admission into the B. Ed Course in July 1998 and she made a prayer for a leave for the period from 14.12.98 to 30.4.99 and obtained leave from the Headmaster of the School subject to approval of Managing Committee and at its meeting the Managing Comm...... 485. ......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....acquired portion being part the Gulshan Lake and if the writ appellant is allowed to make construction on the said unacquired land the nature of the Gulshan Lake will be changed affecting the master plan of the area and thus the RAJUK has not committed any illegality in withdrawing the......ate-on-Record-For the Appellant. Dr. M. Zahir, Senior Advocate, instructed by Firoz Shah, Advocate-on-Record-For the Respondent. Civil Appeal No.138 of 2004. (From the judgment and order dated 23.01.2000 passed by the Appellate Division in Writ Petition No.1177 of 1999.) ......t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... 31.12.1996. On 5.5.1996 the writ petitioner applied to the Commissioner of Customs for permission in order to import grey fabrics as raw materials for production of garments without any master letter of credit and/or back-to-back letter of credit. By his letter dated 17.6.1996, the Co...... Md. Joynul Abedin J Md. Abdul Matin J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka and others…… ......... Petitioners Vs. Md. Feroz Alam……&h...... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ..Category: Business or Commercial Law | Date: | Hits: 163
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ......(Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Latifur Rahman J Md. Ershad Ali @ Hajee Ershad Ali...............Appellant Vs. Hajee Ashid Ali and others….....Respondents Judgment May 2, 1994. Cases Referred to: ......ven if they have a right of way of one kind that does not include a right of way of another kind. Easement right cannot lead to an excessive user and it must not impose an additional burden on the servant owner. He relies upon the cases of Jamna Prashad vs. Gopinath, 19 I.C. 984; Lala Balbir Sin..Category: Procedural Law | Date: | Hits: 64
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
.... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is concerned. Ed. This Case is also Reported in: II ADC (2005) 801. ...... (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Shahjahan.........................Appellant. Vs. Azizur Rahman and others.....Respondents. Judgment March 1, 2004. Lawyers Involved: M......hence the further promulgation of the case will amount to an abuse of the process of the Court. 3. We have already noticed that the Managing Director of Private Company is not a public servant and as such the offence committed by him were not tribal by the Special Judge under the Cri..Category: Criminal Law | Date: | Hits: 38
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... M. M. Shahidur Rahman...........................Appellant (In Civil Appeal No. 14 of 1992) Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992) Secretary, Min...... "All that the rule provides is that from the date it comes into force the age of retirement would be 55 years. It would, therefore, apply from that date to all Government servants, even though they may have been recruited before May 25, 1961 in the same way as the rule..Category: Employment/Service Law | Date: | Hits: 106
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......inur Rahman J Md. Abdul Aziz J Jamil Ahmed Khan……………………………..Petitioner Vs Md. Delwar Hossain and another……………......Respondents Judgment April 21......n (13-15) and wife. Petitioner is in jail since 27.12.2008. In the early morning of 16 March, 2009 his son (at about 2.00 a.m.) died in a car accident near Valuka. Four other friends including the servant (Amir Hossain) of Mr. Rafique-ul Huq were involved in the Accident. The other victim Mr. Ma..Category: Criminal Law | Date: | Hits: 50
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......t ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Agricultural Development Corporation and others……..Appellant Vs. Abdur Razzaque………&hell...... the Public Servants (Dismissal on Conviction) Ordinance, 1985, (Ordinance No. V of 1985). 5. A Division Bench of the High Court Division took the view that under section 3(3) of the Public servants (Dismissal on Conviction) Ordinance, 1985, Ordinance No. V of 1985, the respondent was a p..Category: Employment/Service Law | Date: | Hits: 97
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......eme Court Appellate Division (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammd Abdur Rouf J Bimalendu Bikash Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 3...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...Category: Administrative Law | Date: | Hits: 105
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