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MA Sattar and others Vs. State, 2008, 37 CLC (AD)

.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......; 14 MLR (AD) (2009) 168. ......rmer President HM Ershad and MM Rahmatullah former Chair­man of DIT have caused a loss of Taka 5,48,70,900 to DIT (RAJUK) by corrupt or illegal means or by otherwise abusing their position as public servants had obtained for themselves or the appellants and others pecuniary advantage of the same am..

Category: Anti-Corruption Laws | Date: | Hits: 294

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ...... 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonal......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..

Category: Criminal Law | Date: | Hits: 62

Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

.... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......n: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......982 whereby upon repealing (E.P.) Ordinance No. III of 1968, (E.P) Ordinance No. XI of 1969 and Act II pf 1969 the law relating to benefits of benevolent fund and group insurance of the Government servants and the employees of the Autonomous Bodies was re-enacted with benefits different from pre..

Category: Employment/Service Law | Date: | Hits: 82

Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)

.... disposed of on merit. In view of the discussion made above, the review petition is dismissed.    Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Shamima Akhtar.........................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January 31, 2007. Lawyers Involve...... disposed of on merit. In view of the discussion made above, the review petition is dismissed.    Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ..

Category: Property Law | Date: | Hits: 26

State Vs. Nurul Amin, 2006, 35 CLC (AD)

....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 45 of 2009. (From the judgment and order dated 17-11-2000 passed by the High Court Division in Criminal Appeal No.1495 of 1994. ......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ..

Category: Anti-Corruption Laws | Date: | Hits: 173

Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and oth­ers, 2005, 34 CLC (AD)

.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......J Md. Tafazzul Islam J Chairman, T& T Board, Telejogaon Bhavan, 37/5, Eskaton Garden, Ramna, Dhaka. .........Appellant (In all the appeals) Vs. Md. Rafiqur Gaznavi and oth­ers…………….Respondent (In Civil Appeal No. 85 of 2000)...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..

Category: Property Law | Date: | Hits: 56

Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)

....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh and Others……….....Appellants Vs. Md. Shamsul Huq……&......tional Attorney General appearing on behalf of the petitioners, submits that the High Court Division erred in law in entertaining the writ petition inasmuch as the petitioner being a government servant the only forum available to him is the Administrative Tribunal; that the service condition..

Category: Employment/Service Law | Date: | Hits: 104

Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)

....do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ...... Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Adamjee Jute Mills Ltd. and others…………….Petitioners Vs. M.A. Kashem and an......ed as workers of the industry in the said SROs would draw their salaries under the Rules of Wage Board and the others not being workers would draw their salaries under National Pay Scale as public servant. 5. Mr. Sayyid Shahid Hussain, the learned Advocate appearing for the petitioner sub..

Category: Labour and Industrial Law | Date: | Hits: 77

Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)

....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md.Tafazzul Islam J Secretary, Zilla Parishad, Faridpur.........Appellant Vs. Md. Lutfur Rahman and others ..........Respondents Judgment March 20, 2005. Lawyers Involved: ......  "Rule 5(2): The Chairman shall dispose of the following business of the Local Council namely: (a) the appointment, transfer, punishment or removal of any servant of the Local Council, not being a member of the Local Council, Services whose pay does not..

Category: Civil Law | Date: | Hits: 107

Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)

....arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ......cate-on-Record- For the Petitioners (In both the cases) Not Represented- For the Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 553-554 of 2007. (From the judgment and order dated 21.5.2007 by the High Court Division in Criminal Appeal Nos.3888 and 3889 of 2002.) ......arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ..

Category: Anti-Corruption Laws | Date: | Hits: 117

Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)

.... 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: 13 BLC (AD) (2008) 131. ...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J    Md. Abdul Matin J Morium Begum and others.........Petitioners Vs. Durga Matha and others............Respondents ......sessing suit land dedicated to it; but of the original owners Kali Ranjan died leaving behind only daughter the defendant No. 9 who died in Barisal on 28-4-44 and Beni Madhab, who was a government servant left the country before partition and died in West Bengal 25 years ago and Mohini Mohan die..

Category: Property Law | Date: | Hits: 26

Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 222. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Premesh Chandra Das…………….....Petitioner Vs. Government of Ban......nd thereby affecting the valuable right accrued to the petitioner. 3. As it appears the High Court Division summarily dismissed the writ petition holding that the petitioner is a Government servant and his grievance as raised in the writ petition is relating to his terms and conditions of..

Category: Employment/Service Law | Date: | Hits: 73

Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)

.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......                Mohammad Fazlul Karim J. - Government of Bangladesh represented by the Secretary, Ministry of Establishment and others are the appellants in this appeal by leave against the impugned judgment and order dated...... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ..

Category: Employment/Service Law | Date: | Hits: 62

Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)

....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ...... Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal No. 106 of 2004 (From the judgment and order dated 23.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 873 ......shad Ali Process Server gave a false report that the process was duly served and thereby accused No.1 committed an offence under section 467/471 of the Penal Code and accused Nos.2 and 3 being public servant committed an offence under section 467/109 of the Penal Code and section 5(2) of the Prevent..

Category: Anti-Corruption Laws | Date: | Hits: 88

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ...... JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Abdur Rahman……………………………………………..Appellant Vs. Government of Bangladesh and another…………………Respondents Judgment July 11, 2005. Result: The appea......affirming the decision of the Administrative Tribunal declaring that being a work-charged employee in a project the appellant is not entitled to get pension benefit without being a regular Government servant. 2. The appellant as the petitioner filed the A.T. Case before the Administrative Tribun..

Category: Administrative Law | Date: | Hits: 136

Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....nationalized and was converted into a private bank incorporated under the Companies Act 1913 and as such from, that date the relationship between the defendant bank and the plaintiff became that of master and servant and therefore the petitioner is not entitled to get a decree for declaration wi......zul Islam J Md. Jahir Uddin………………………………………Petitioner Vs. Rupali Bank Ltd. and others……………….Respondents Judgment August...... and was converted into a private bank incorporated under the Companies Act 1913 and as such from, that date the relationship between the defendant bank and the plaintiff became that of master and servant and therefore the petitioner is not entitled to get a decree for declaration without any co..

Category: Employment/Service Law | Date: | Hits: 84

Abdul Huque and others Vs. State, 2007, 36 CLC (AD)

....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ...... of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceeding before any court or tribunal and, consequently, it cannot be quashed. So, the instant criminal miscellaneous cases are quite prem......minal Law Amendment Act,1958 has introduced schedule to the Act specifying the offences triable under the above Act and the offences under sections 409 and 420 of the Penal Code committed by a public servant have been included in paragraph (b) of the above schedule and further any other person abett..

Category: Anti-Corruption Laws | Date: | Hits: 152

Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)

.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 519. ....... Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No. 757 of 2005. (From the judgment and order dated 09.05.2005 passed by the High Court Division in F. A. No. 114 of 2000.) Judg...... of the first floor of the building in question claiming her title thereto. The further allegation is that the plaintiff constructed a garage over left out land of the schedule property as well as servant quarter on the top of the first floor. After aforesaid divorce defendant No. 1 acquired no ..

Category: Property Law | Date: | Hits: 20

BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)

.... record. 26. Admittedly, the respondents are employees of BADC, a statutory corporation and the respon­dents being employees of State instrumentality are not governed by the general principle of master and servant and the management cannot have unres­tricted and unqualified power of terminatin......so Reported in: 60 DLR (AD) (2008) 152. ...... 26. Admittedly, the respondents are employees of BADC, a statutory corporation and the respon­dents being employees of State instrumentality are not governed by the general principle of master and servant and the management cannot have unres­tricted and unqualified power of terminating the servi..

Category: Employment/Service Law | Date: | Hits: 105

Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)

....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......t: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to:......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ..

Category: Property Law | Date: | Hits: 33