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Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
.... Roy, one of the landlords, gifted the suit land along with other lands to Moheshkhali High School; the Managing Committee of the above school dismissed Mostaque Ahmed Chowdhury, the Assistant Headmaster of the above School, who then out of grudge inducted the plaintiff No.1 in the school premis...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Mohammad Rashid and others............................Petitioners Vs. The Head Master and Secretary Mo......n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ..Category: Property Law | Date: | Hits: 27
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ...... M.M.Ruhul Amin J Md. Tafazzul Islam J Bangladesh, Gas Fields Co. Ltd………............... Appellant (In both the appeals) Vs. Md. Fariduddin Ahmed and ors ..........Respondents (In Civil Appeal No. 196 of 2000) Md. Osman Gani and ors&hell......re the respondent No. 1 in Civil Appeal No. 196 of 2000 and the respondent No.1 in Civil Appeal No. 197 of 2000 being employed in the post of plant attendant and cook respectively, are "public servants" within the meaning of Public Servants Retirement Act 1974 (Act XII of 1974) and not ..Category: Employment/Service Law | Date: | Hits: 90
S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
....but the same was rejected. The respondent No.2 contested the said suit by filing a written statement stating that the relationship between he respondent No. 1 and the petitioner being that of master and servant the suit is not maintainable in its present form by charge sheet dated 6.6.1993 ...... M.M. Ruhul Amin J Md. Tafazzul Islam J S.M. Nurul Islam……………………Petitioner Vs. Padma Oil Company Limited and others…………….....Respondents Judgment Novembe......me was rejected. The respondent No.2 contested the said suit by filing a written statement stating that the relationship between he respondent No. 1 and the petitioner being that of master and servant the suit is not maintainable in its present form by charge sheet dated 6.6.1993 the peti&sh..Category: Employment/Service Law | Date: | Hits: 61
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....m out side were therefore not government servants. Their services were, therefore, governed and regulated as per the terms and conditions of their letters of appointment and also by the law of master and servant. 11. In course of appointments of the respondents in various posts in Ph......esented-For Respondent Nos. 2, 5-7, 9-11, 13, 15-16, 19, 21-24, 26-28, 31 & 33-35 (In Civil Appeal No. 39 of 2005). Civil Appeal No. 38-39 of 2005. (From the judgment and order dated 29.08.2004 passed by the High Court Division in Writ Petition Nos. 8254 of 2002 an......oject. Other posts were filled in by recruitment of personnel from outside on purely temporary and contract basis. The personnel appointed in these posts from out side were therefore not government servants. Their services were, therefore, governed and regulated as per the terms and conditions o..Category: Constitutional Law | Date: | Hits: 146
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ted by Md. Ahsanullah Patwary, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 230 of 2006 (From the judgment and order dated 16.11.2005 passed by the High Court Division in Criminal Revision No. 652 of 1993.)......t be quashed. 4. The case arose out of F.I.R. lodged by one Assistant Inspector of D.A.B., Bogra alleging, inter alia, that one Abul Hossain Ex. Assistant Director Jute, Bogra Zone, a public servant received Tk.1, 00,000/-being loan money paid by farmers from Md. Khalequl Islam, Ex-J.E.O. ..Category: Criminal Law | Date: | Hits: 96
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ...... Reported in: IV ADC (2007) 735. ......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......era, Begum alias, Hazera Khatun & another........Respondents Judgement June 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. N. H. Khandaker, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civ...... Faruque Hossain. The further case of the plaintiff is that she was a widow before her marriage with Alhaj Faruque Hossain and both of them has no children. The defendant No.1 was appointed as maid servant by the plaintiffs husband to look after the household affairs of said Alhaj Faruque Hossain..Category: Family Law | Date: | Hits: 150
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ...... Ameena Ahmed......................................Petitioner (In all the cases) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.S. Ramna, District-Dhaka and ors................Respondents (In all......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hasaan Ameen J Bangladesh represented by the Secretary, Ministry of Home Affairs and others .......................Petitioners Vs. Md. Waziullah............................the case that the respondent has got no right to challenge the order dated 07.10.2003 as Section 9(2) of the Public Servants (Retirement) Act 1974 give the Government the option to retire a public servant any time after he has completed 25 years of service without assigning any reaso..Category: Administrative Law | Date: | Hits: 120
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
....s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ......bsp; Not represented- Respondent Nos. 2-26. Civil Petition for Leave to Appeal No.108 of 2006. (From the judgment and order dated 13.08.2005 passed by the High Court Division in Civil Revision No. 3366 of 1996.) ......s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ..Category: Property Law | Date: | Hits: 29
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ...... Present A. M. Sayem CJ Mohammad Abdullah Jabir J Ahasanuddin Chowdhury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 1975. Cases Referred to: ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
....he Managing Committee of Sankarkati Khaddiza Girls High School had challenged the order dated 12-6-2006 passed by the respondent No. 6 directing him to allow the respondent No. 8 to function as Headmaster declaring the suspension order passed against the respondent No. 8 as illegal contending, i......(Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Abdul Jabbar (Md)..........................Petitioner Vs. Government of the People's Republic of Bangladesh and others.. ........Respondents Judgment April 6, 2008. Lawyers Involved: Sarwar Ahmed......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......vision (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Chittagong Dock Sramik Parichalana Board and others .....................Appellants Vs. Shamsul Haque and others... ............ sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: ...... or relatives did not depose in the suit. Plaintiff tried to establish his right, title and possession in the land in suit through the evidence of p.w.1 the constituted attorney and p.w.2 the servant of the plaintiff but their evidence being contradictory was not accepted by the trial ..Category: Property Law | Date: | Hits: 42
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......aiz Siddiqui, Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Appeal No. 61 of 2002. (From the judgment and order dated 25.05.1998 passed by the High Court Division in Civil Revision No. 1233 of 1996.) ......iled by the pre-emption case. 3. The present petitioner contested the case by filing written objection and his case is that the pre-emptor is not a cultivator as he is a government servant and notice of transfer was duly served upon the co-sharers including the pre-emptor. The f..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......ed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August 9, 2006. Cases Referr......t is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary laws of the country." 11. In our view, the conviction and sentence of a public servant which operates as a disqualification against him refers to conviction and sentence by ordi&..Category: Administrative Law | Date: | Hits: 132
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
.... accused even to the father (PW1) or the brother (PW (19) of the victim! And he will keep his silence even after lodging of the FIR by PW 1 implicating the three accused persons, the enemies of his master and his father's master PW17, an influential man in the locality. And he would still be under......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for......h the deceased, Zafar. They denied that Abdul Bari was a helpless old man requiring any help and protection from the deceased Zafar, as Abdul Bari had two sons, three sons-in-law, a faithful domestic servant Nura (PW 3) and Nuru's father Salam (PW 10) who was Abdul Bari's previous domestic servant; ..Category: Criminal Law | Date: | Hits: 74
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ......) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dock Workers Management Board, Post Training Centre, Police Station- Bandar, District-Chittagong and another……………….Petitioners ......edical officer and as such it being contrary to principle of equity and justice required to be interfered. 5. The rule was contested by the present petitioners who contended that a servant of the Republic cannot claim promotion and up gradation and scale of pay as a matter o..Category: Employment/Service Law | Date: | Hits: 88
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......reme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J The State …………….............Petitioner Vs. Ali Ahmed and other..........Respondents Judgment February 23, 2005. Result: The petition is dismi......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
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