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Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......mmad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Rural Development Board………………….........Appellant Vs. Mohammad Shahjahan and others………………………........Respondent......at the service of the writ petitioners and other employees of IRDP have not been absorbed in BRDB; rather the writ petitioner and those other employees have been serving under BRDB as government servant are not correct and not acceptable. 13. We find that the writ petitioner ceased to be a..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J Bangladesh Jute Mills Corporation....................Appellant Vs. Md. Mahbubur Rahman and another..................Respondents Judgment December 13, 2011. Result: Th...... a representation to its Chairman but the same went unheeded. The action of BJMC was arbitrary and capricious and discriminatory. The petitioner being a permanent officer of BJMC and being a public servant within the meaning of the Public Servants (Retirement) Act, 1974 was entitled to uniform gra..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another……………………………&......lip;………. (c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do, or. (d) if he, by corrupt or illegal means or..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ........Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......ase proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an off......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....g Admiralty Suit No.21 of 2000, Admiralty Suit No.22 of 2000 Admiralty Suit No.5 of 2004 and Admiralty suit No.16 of 2001 who along with some local smugglers and with the help of these plaintiff, the master and crew members of the vessel MV ACCORD and the local agent of the same in Bangladesh, misap......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
...., where she informed her classmate Shewly Akhter Mishu about the occurrence and also informed her mother after return to home. Her mother communicated the informant, who took up the matter to the Headmaster of the School. The Headmaster assured him to settle the matter amicably. The Headmaster did n...... - For the respondent. Criminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Quddus J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Damon Ain, 2000 is directed against judgment and order dated 21.8.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribunal, Lakshmipur in Nari-o-...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....rt clearly shows that the defendant No.1 vessel M.T. SCEPTRE received a less quantity of cargo than mentioned in the Bill of Lading, which was issued prior to loading of the cargo and accordingly the master of the vessel, upon satisfaction that the shipper has failed to load the bills of lading ment......lso Reported in: ......“The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants. This rule cannot be contracted out of where the Rules are incorporated into the bill of..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......ional Jurisdiction) Present: AKM Fazlur Rahman J SM Zakir Hossain J Kaisar-uz-zaman……………………Petitioner Vs. State and others………………….Opposite Party Judgment ......btained. He further submits that section 6(5) of the Criminal Law Amendment Act (hereinafter referred as the Act) provides that prior sanction of the Government is required to prosecute a public servant for any offence under the schedule of this Act. If the petition of complaint or the police r..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...................ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......t High Court Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J Farzana Akter (Kakoli).......................Appellant Vs. Md. Kabir Hossain and others...........Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam M......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....jpur lodged an FIR on 22.4.2006 at 16.30 hours with the Chirirbandar Police Station contending, inter alia, that she is serving as Office Assistant of that school and the accused appellant is the Headmaster of that school. She has been serving since 3 years last. The accused appellant used to offer ......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Shahidul Islam J Md. Majedur Rahman………………………………...........Appellant Vs. The State and another ..................................Respondents Judgment June 6, 2011. Cases Refe......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......al Hossain Ahmed J Md. Emdadul Haque Azad J Sk. Nurul Islam..........................Appellant Vs. The State...................................Respondent Judgment May 4 and 19, 2011. Result: The appeal is allowed. Cases Referred to- Abdul Awal......ulatpur Upazila Parishad, Kushtia in connivance with the other accused persons misappropriated the public money amounting to Tk. 4976/- of the aforesaid Upazila Parishad. He, being a public servant, having misappropriated the said amount of public money of the Doulatpur Upazila Parish..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: ........Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: The Rule is made absolute. The service of a government servant comes to an end when his resignation is accepted by the authority concerned subject to any..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......lip;…………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Mofazzal Hossain Mollah and others Vs. The State, 45 DLR (AD) 175; Abdul......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....it. No doubt the old Rules framed under the Constitution of Pakistan, 1956 are being followed, but some thoughts may now be given as to whether the procedural Rules, of which the Judges are their own masters, can be relaxed and enlarged so that the deprived, backward, illiterate, ignorant and terror......p;………Appellant (In Civil Appeal No.594 of 2001)
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others…………………..Respondents (In both the appeals......about is no better informed than the one who is asking.”
Thereupon the man said, “Then tell me about its signs.”
The Holy Prophet replied, “The signs are that a maid servant should beget her mistress, and that you should see barefooted, naked poor men and shepherds ..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocates - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Nazneen (Rosy), Assistant Attorney General - For the Opposite Party No.1 (State). Md.......er or by himself or in the account of the petitioner? (7) Why it should not be weigh with the ACC that Mr. Md. Habibur Rahman has accepted bribe against the bills by abusing own positions as a public servant and himself obtained the pecuniary advantage? May be by using the name of the petitioner? (8..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....eipt dated 19-10-2008 at the port of Masan in Republic of Korea. 4. The plaintiff also supplied necessaries items to the defendant No.1 vessel on 14-10-2008 and also on other dates at the owners/master disbursement. The plaintiff also completed electrical works to the defendant No.1 vessel thro......ted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S.-Bandar, Chittagong, Represented by their local agent defendant No.5 M/S. Mariners Transport System Co......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J ATM Qamruzzaman Khan................Appellant Vs. State and another.........................Respondents Judgment March 29, 2011. ......t case no one went to the appellate authority against the decision..........................(32) Abuse of official position Criminal misconduct can not be assigned to any action of a public servant when he performs his function in accordance with the prescribed set of rules and procedure w..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....MA Hannan, the learned Advocate on behalf of respondent Nos.4 and 5 contends that the petitioner is not entitled to receive the benefit of section 4A of the Act No. V of 2010, for, there existed master and servant relations between the respondent No.4 and the petitioner. Moreso, respondent No. ......) Present: Farah Mahbub J Farid Ahmed J Anwarul Alam (Md.)………………………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is......12-2009. Section 4A of the Ordinance No. 7 of 2009 runs as under:— "Retirement of a Freedom Fighter.—(1) Notwithstanding anything contained to the contrary in section 4,a public servant, who is a freedom fighter, shall retire from service on the completion of the fifty nine yea..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
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