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....n Shujat Ali vs. Union of India, AIR 1974, and SC 1631 observed:
"The doctrine of classification should not be carried to a point where instead of being a useful servant it becomes a dangerous master."
In Lachmon Das vs. State of Punjab (supra) Subha Rao J, observed:
"Over-emphasis on ......ualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendr......is quite applicable to the present case. In that case two laws, one made by the State Legislature and the other made by the Central Legislature, both providing for Dearness AlÂlowances to government servants but at different rates, the higher rate for the Central government employees and the lower ..
Category: Election Law | Date: | Hits: 212
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....y settled principle of law. So no interference is warranted………………….(4) The relationship between the plaintiff and the defendant being that of master and servant and when allegation of misappropriation and financial irregularity is made and ...... Judgment March 18, 1984. Mere technical irregularity of minor nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceeding is not vitiated by any irregularity or violation of any settled principle of la......principle of law. So no interference is warranted………………….(4) The relationship between the plaintiff and the defendant being that of master and servant and when allegation of misappropriation and financial irregularity is made and proved, the..Category: Employment/Service Law | Date: | Hits: 92
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ...... Judgment October 19, 1983. Criminal Trial PM Examination Report In discharging his professional duties, a doctor must strictly observe the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which do not spare the kind of ......o falsely prosecute the husband and father-in-law of the deceased under section 302 of the Penal Code. He, therefore, committed forgery, falsification of record and criminal misconduct as a public servant punishable under the aforesaid offences. 4. Defence was that the petitioner did no..Category: Criminal Law | Date: | Hits: 58
Md. Muzaffar Hossain Vs. King Fishers IndusÂtries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers IndusÂtries Ltd. and ors..............Respondents Judgment June 2, 1983. Supreme Court of Bangladesh A......udges: "There was not a tinge of remorse or repentance in the affidavit for what had happened. On the contrary, he came up with defiant justification for his role in the matter. If a public servant is allowed to conduct himself in such manner then it is bound to undermine the confidence o..Category: Anti-Corruption Laws | Date: | Hits: 113
BD Inland Water Transport CorÂpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....vessel, C-1060, by M.V. LIGHT which dashed against the vessel when it was lying at safe anchor at Silo-Jetty, Chittagong at 10-30 hours on February 11, 1975. The carelessness and negligence of the master and crew of the defendant's vessel caused the accident. 5. Admiralty Suit No. 4 of ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Corporation……………..............................on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Bangladesh AgriculÂtural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricultural Development Corporation................................Appellant Vs. Md. Mannaf Hossain Khan and ors................................................. Respondents Judgment May ...... Chairman, and the Director, any person associated with the Corporation or any officer, advisor or any person acting under the authority of the Corporation, or the Chairman or of any officer or servant of the Corporation in respect of an act purporting to be done under this Ordinance, ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... Division (Criminal) Present: FKMA Munim CJ Badrul Haider ChowÂdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam MasÂter alias Salam and another…………...........Appellants Vs. The State..............................Resp......find anything to interfere with the order of the High Court Division refusing to quash the proceedÂings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in f......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated 17th April, 1985 passed by the High Court Division, Rangpur, which, in Death Referen......d that exhibit 6 is admissible in evidence to prove itself as a relevant fact under section 35 of the Evidence Act as the same was recorded by the Officer-in-Charge of the Police Station, a public servant in discharge of his official duties. When this GD was lodged there was no allegation agains..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....ontrolling power over the nationalised company did not destroy the corporate character of the company and hence the relationship between the employee and the company continued as before, as that of a master and servant". From this it necessarily follows that employees of a nationalised enterprise ar..........................Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily include......power over the nationalised company did not destroy the corporate character of the company and hence the relationship between the employee and the company continued as before, as that of a master and servant". From this it necessarily follows that employees of a nationalised enterprise are not emplo..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been overlooked or misappreciated winch could have a profound bearing on the order of acquittal and things like that. Misappreciation of evidence is not ordinarily a ground for interference with a......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... The state & anr…...................Respondents Judgment April 10, 1988. Criminal Appeal No. 4 of 1987 The Code of Criminal Procedure, 1898 (V of 1898), sections 193 (1) (c), 476, 561A and 195(1) (c) If the language of the statute is capable of two or more constructions or if the li......low: (Relevant Portions only): “195. (1) No Court shall take cognizance- (a) of any offence punishable under sections 172 to 188 of the Penal Code, except on in writing of the public servant conÂcerned of some other public servant to whom he is subordinate; (b) of any offenc..Category: Criminal Law | Date: | Hits: 63
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ...... Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) Judgment August 18, 1987. Result: Appeals No. 10 and 11 of 1987 are dismissed with observations. Appeal No. 12 of 1987 is alÂlowed. The Constitut......120 days from the date of submission of charge sheet or 150 days from the date of suspension of the accused. AnÂother ground taken by the Corporation, rather halfÂheartedly, was that the Government servants (DisciÂpline and Appeal) Rules, whether the new ones or the old ones, are not applicable t..Category: Employment/Service Law | Date: | Hits: 112
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......40 DLR (AD) (1988) 69 ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... referred to an observation of this Court in the case of Mosharraf Hossain Chowdhury v. General Manger, Titas Gas Transmission & Distribution Co. Ltd. 1981 BLD (AD) 61, to the effect that "the law of master and servant will not apply to the employees of a nationalised company which has lost its corp......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Senior Manager, M/s. Dosta Textile Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respond......o an observation of this Court in the case of Mosharraf Hossain Chowdhury v. General Manger, Titas Gas Transmission & Distribution Co. Ltd. 1981 BLD (AD) 61, to the effect that "the law of master and servant will not apply to the employees of a nationalised company which has lost its corporate chara..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....ne or the other among the accused. It is impossible to believe that Sohrab and others could be released by anybody without their being taken at least to Musa Sarkar who was said to be nearby and have masterÂminded the operation. The story of release of P.W. 4 Mobarak seems to be too good to believe......d. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....ed clothes in a river and proceeded to the house of his cousin at Roshan but was apprehended by P.W. 24 and others who produced him to the head-man. During trial the evidence, particularly of the Headmaster of Jhajha High School, disclosed that the victim was Joy Prakash Dobe, a stuÂdent of C......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App......ice before his arrest admitting that the deceased had come to his house on 21 March and left in the following morning ; (v) the steel trunk which contained the dead body had been purchased by a servant of the accused on 33 March: (vi) testimony of a Jetka driver that in his Jetka the accused h..Category: Criminal Law | Date: | Hits: 124
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......ivision (Civil) Present: F.K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants ......uppressed the fact of transfer of the land. Rather P.W. 2, Firoza one of the two daughters of Hedayet stated that her uncle Rahat Baksh "used to maintain us”. Rahat was a government servant and understood the implication of the transfer to the entire suit land to a stranger under ..Category: Property Law | Date: | Hits: 50
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Tebaria has been referred to prove that Salimabad hat used to be held in mouza Tebaria. Exts. 3 and 4 series show lease of cattle market in Salimabad mouza for the year 1384 his. in favour of the Headmaster of Salimabad Girls High School, Ext. 5 series which are a few drug and cloth dealer's liceÂn......DLR (AD) (1986) 201. ......appear from the language employed in the Act, it is claimed that the discretion is unfettered." 55. Dr. Hossain submitted that this Court did not accept the Government claim to retire a Government servant before he reaches the age of superannuation in exercising discretion under section 9 (2) of ..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......unim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ……………â...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
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