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Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
.... part in England or Wales, in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship unless it is shown to the satisfaction of the Court that at the time of ......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ...... (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager, Bangladesh Tea Industry Management Committee and another .......................Appellant Vs. F.H. Chowdhury and another&helli......ed that ingrained in the personal status of a citizen under our laws was the right to choose for himself whom he would serve, and that this right of choice constituted the main difference between a servant and a serf. If Parliament has so enacted, however, the result must be accepted". We r..Category: Employment/Service Law | Date: | Hits: 92
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ...... Hossain J Shamsul Alam..........................................................................Petitioner. Vs. Superintendent of Police, Bangladesh Railway and other…………………….Respondents Judgmen......in a way other than that the promotee was acting in an officiating capacity. It is now well settled that reversion from an officiating capacity to the substantive post does not reduce a government servant in his rank. Mere length of officiating period without any other fact or circumstances does..Category: Employment/Service Law | Date: | Hits: 83
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
.... the appellants of those appeals were employees of the Biman which had a definite public service in view and therefore has a public character, such employees cannot be treated on the basis of law of master and servant. Thereafter the Bangladesh Biman Corporation Employees Service Regulation, 1979 ...... Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others... …………………..Respondents Judgment......ants of those appeals were employees of the Biman which had a definite public service in view and therefore has a public character, such employees cannot be treated on the basis of law of master and servant. Thereafter the Bangladesh Biman Corporation Employees Service Regulation, 1979 were framed..Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......istan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department of the Government of erstwhile Province of East Pakistan; and was placed in charge of East Pakistan Government Press at Tejgaon, Dacca. His case having be......der the Public Conduct (Scrutiny) Ordinance, 1959 since after the 28th February, 1959, inasmuch as inefficiency had ceased to be available as a ground for scrutinising the conduct of Government servants under the said Ordinance. 14. To be brief, the learned Additional Attorney-General who a..Category: Administrative Law | Date: | Hits: 106
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... punishment, which was what the Management had done. This view did not find favour with the Supreme Court which held as follows:— "But in the case of private employment, the ordinary rule of master and servant must be sustained, namely, that without cause assigned the master may dispense w......int Mills Ltd..................................Appellant Vs. Khulna Newsprint Employees Union.................Respondent Judgment December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Under clause 12(1......, which was what the Management had done. This view did not find favour with the Supreme Court which held as follows:— "But in the case of private employment, the ordinary rule of master and servant must be sustained, namely, that without cause assigned the master may dispense with the se..Category: Labour and Industrial Law | Date: | Hits: 107
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....ployment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law of master and servant was applicable to them. Therefore , the respondents were not entitled to any oppo...... December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law o...... the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law of master and servant was applicable to them. Therefore , the respondents were not entitled to any opportunity to ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......at the advance of Rs 1300/- to Mr. Ghani was made with a criminal intent or with a view to making any wrongful gain or wrongful loss. Therefore the appellant is entitled to benefit of doubt…….(21 and 22) Lawyer Involved: Tufail Ali A. Rahman, Senior Advocate, Supreme Court, instructed by ...... the two successive cashiers Hamid Hussain and Abdul Aziz as prosecution witnesses. 3. The substance of the accusation against the appellant at the trial was that he, in his capacity as a public servant, had domain and control over the Government cash kept in the cash box under his charge and c..Category: Anti-Corruption Laws | Date: | Hits: 142
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....". He also claimed that the suit was not legally maintainable in the form in such it had been filed. 6. The driver also in his written statement subsequentially repeated the story set up by his master. 7. The Insurance Company, which was only joined as a proforma defendant, took up the ple......2. Begum Fatima Khatun.......Respondents. Sri Monmotha Nath Kuri ............................Appellant (In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. ......had suffered no kind of loss whatsoever by the death of their daughter, who was not an earning member of the family. He even denied that she had died as a result of any rash or negligent act of his servant, the defendant No. 2 herein. According to him the conviction of the defendant No. 2 was pr..Category: Others | Date: | Hits: 124
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....ellant intended to compete for the Engineering Supervisors examination of the same department, which was to be held a few days hence, between the 18th to 20th of October, 1943, he requested the Postmaster General, by an application dated the 5th of October, 1943 (Ext. 'E'), for permission to join ......J Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore............... Appellant. vs. Pakistan, through the Secretary, Ministry of Communications, Government of Pakistan, Karachi and ors.................................................................Respondents Judgment J......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ..Category: Employment/Service Law | Date: | Hits: 103
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necess......iring authority in place of the Government. Section 9(2) of the Act is as follows: “The Government may, if it considers necessary in the public interest so to do, retire from service a public servant at any time after he has completed twenty-five years of service without assigning any reason..Category: Employment/Service Law | Date: | Hits: 186
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ...... an order of stay of transfer, the High Court Division also cannot exercise such power……(10) Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- &nb......nt. 4. Points at issue in this matter is very short which is, whether the High Court Division has jurisdiction to entertain a writ petition relating to transfer of a Government servant and at the same time issuing order of stay of the order of transfer. The High Court Divisio..Category: Employment/Service Law | Date: | Hits: 57
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J State…………………………………………..………….Petitioner Vs. Monu Miah and others……………………………. Respondents Judgment August 16, 2001. Result:......er throat and found cut injuries in her both ears; that she had two ear-rings weighing about 6 annas. It is stated that the accused Selim, son of accused Monu Miah threw piece of brick to Suruj Miah, servant of the informant about 5/6 days before the occurrence for which there were altercations betw..Category: Criminal Law | Date: | Hits: 59
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......mstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond all reasonable doubt and the chain of circumstances should be so that the innocence of the accused is incompatible with ......information that the appellant had caused the death of his full sister Kanchani alias Monowara Begum on 17 March 1987 at about 2-00 AM while engaged in illicit sexual act with their former domestic servant, Emdadul Haque by assaulting and throttling her and then buried her on 18 March 1987. This ..Category: Criminal Law | Date: | Hits: 55
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....nt case the review was sought for on the ground of misapplication of certain decision cited to hold that the suit is not maintainable with principle that the petitioner’s service is guided by master servant rule. Omission to place the relevant decision at the hearing or at the appeal is no...... Akbar Hossain (Md)…………………………. Petitioner Vs. MD, Agrani Bank and others ………………Respondents Judgment ......the review was sought for on the ground of misapplication of certain decision cited to hold that the suit is not maintainable with principle that the petitioner’s service is guided by master servant rule. Omission to place the relevant decision at the hearing or at the appeal is not mistak..Category: Employment/Service Law | Date: | Hits: 83
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....sp; Kumar Neogi, learned Advocate appearing for the respondent Nos. 1 to 5 opposed the petition submitting, inter alia, that the bank is admittedly a private bank and as such the principle of master and servant applies in case of regulating the services of the employees of the bank and the......ent: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Av......ogi, learned Advocate appearing for the respondent Nos. 1 to 5 opposed the petition submitting, inter alia, that the bank is admittedly a private bank and as such the principle of master and servant applies in case of regulating the services of the employees of the bank and the bank fulfil..Category: Employment/Service Law | Date: | Hits: 78
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ...... ......an Vs. Abdul Hamid Chowdhury reported in 3 BLC (AD) 55 and A.B.M. Abdul Baqi Vs. Government of Bangladesh reported in 4 BLC (AD) 213. The learned Counsel further submitted that the respondent is a servant of the People's Republic of Bangladesh whose service is controlled by the Bangladesh Servic..Category: Administrative Law | Date: | Hits: 124
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....e of the plaintiff-petitioners is that Syed Altaf Hossain submitted a false affidavit with his tender form to the effect that he does not have any house/residential plot in the area covered by the master plan of D.I.T.; that Syed Altaf Hossain has purchased Residential Plot No.257, Road No. 21, ...... ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Moha......grandsons of Sujan Bibi. He also found that she was not that illiterate as was tried to be shown. It was found that Sujan Bibi used to manage her properties in her possession either through her servant or her neighbour. We, however, refrain from observing on the other questions involved in the..Category: Property Law | Date: | Hits: 53
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-......ision in the case of Bangladesh vs. Md. Abu Taker 31 DLR (AD) 33, that Article 7 of the President's Order No. 67 of 1972 provides for reasonable opportunity to be given to the delinquent government servant to defend himself, and it is implied therein that the delinquent government servant has be..Category: Employment/Service Law | Date: | Hits: 70
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