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Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Responden......drawn, the High Court Division said that the section was not applicable to the respondent because admittedly he had not completed 25 years of service then which was a condition precedent for a public servant to exercise the option to retire under the said law. 11. Finally upon holding that the i..Category: Employment/Service Law | Date: | Hits: 126
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....s not apply to a retired Judge of the Supreme Court. The appointment, removal and other terms and conditions of service of a retired Judge in a public office should not be governed either by "master‑and‑servant law" or by any unequal contract. If it is not thought to be exp.........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others……………… Respondent Judgment Novem......to Articles 96 and 99 of the Constitution, along with section 5 of the Public Servants Retirement Act (Act XII of 1974) in order to press his point that the petitioner was not a retired public servant but was a Judge of the Supreme Court who has ceased to be a Judge upon attaining 65 years ..Category: Employment/Service Law | Date: | Hits: 73
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......pellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nas......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....h Corporations, as they stand outside the class of employees referred to therein as "persons in the service of the Republic"; nevertheless, these employees are not governed by the law of master and servants either; they will be governed by the rules and regulations of their Corporation...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others ....... Appellants Vs. Mohammad Abdul Mannan............ ......he termination which was in fact removal from service was unconstitutional and void. In the case, Gholam Sarwar Vs. Pakistan, PLD 1962 (SC) 142, the appellant was also found to be a government servant in service of Pakistan Railway. His appointment was temporary in terms of the Agreement of..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......in J MM Ruhul Amin J Md. Tafazzul Islam J Sharif Nurul Ambia.....................................Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. Th......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......ion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Po...... and others and they were found guilty and were convicted but on appeal they were acquitted on technical ground that trial was held without obtaining sanction since one of the accused was a public servant. It was also the case of the plaintiff that Karuna Moyee Dasi came in the then East Pakista..Category: Property Law | Date: | Hits: 59
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....dmitted fact that the ship was coming to Chittagong port for discharge of its cargo and subsequently the ship having been found breaking its bulk without arriving to the place of his berth and the master of the vessel and its owner holing not been able to produce relying papers for the goods whi...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr.............................. not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ......ce the victim that it would not be a good marriage, he did not visit them regularly but he and his family tried to mediate the differences between them; his elder sister fixed PW 2 Reshmi as a maid servant in the house of the condemned appellant, before the day of the incident the condemned appe..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ......................al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... 58 DLR (AD) (2006) 13.......uty in their official capacity and that they were rather attacked by the inmates of the house and were injured seriously and, in fact, did not commit any offence as alleged and that they being public servants committing the alleged offence in their official capacity, the trial has been vitiated bein..Category: Criminal Law | Date: | Hits: 78
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....e of natural justice. In view Of the decision of this Court in the case of BSI Corporation vs. Mahbub Hossain, 29 DLR (SC) 41, an employee of a statutory Corporation cannot be dealt with under the master and servant law. The principle of natural justice envisages that none should be condemned u...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: ......l justice. In view Of the decision of this Court in the case of BSI Corporation vs. Mahbub Hossain, 29 DLR (SC) 41, an employee of a statutory Corporation cannot be dealt with under the master and servant law. The principle of natural justice envisages that none should be condemned unheard and ..Category: Employment/Service Law | Date: | Hits: 67
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....urisdiction of the civil Court the plaint should have been rejected outright. Mr. NH Khondker, learned Advocate for the respondent, has argued that when the respondent is not governed by the law of master and servant, the civil Court's jurisdiction is not totally ousted. He has referred to a numb...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and ...... of the civil Court the plaint should have been rejected outright. Mr. NH Khondker, learned Advocate for the respondent, has argued that when the respondent is not governed by the law of master and servant, the civil Court's jurisdiction is not totally ousted. He has referred to a number of deci..Category: Administrative Law | Date: | Hits: 130
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......; Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others……………Respondents Judgment May 2...... Appellate Tribunal was illegal because he was not re‑instated before holding such inquiry. The said inquiry was held against the petitioner as a member of the public and not as a Government servant which is not contemplated under the ‑Government Servants (Discipline and Appeal) Rule..Category: Administrative Law | Date: | Hits: 123
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ...... ......nts (Discipline and Appeal) Rules, 1984, and that under Rule 7(11) of the said Rules of 1984, a department proceeding was to be concluded within 120 days from the date of suspension of a government servant or 150 days from the date of the proceeding against him. It was contended by the appellants..Category: Employment/Service Law | Date: | Hits: 68
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......ahman J Musa Ali ..................Appellant Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers I......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others ...........as service matters are concerned," the Commission noted, "there is, however, a genuine feeling that the High Courts are sometimes not in a position to grant appropriate relief to the aggrieved public servant under Article 98 in view of the limitations contained therein which prevent them from going ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....er, Titas Gas Transmission and Distribution Company Limited, 33 DLR (AD) 186, the trial Court held that Jamuna Oil Company Ltd. was a subsidiary of Bangladesh Petroleum Corporation, that the law of master and servant would not apply to the plaintiff, and that the dismissal of the plaintiff from ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another................................s Transmission and Distribution Company Limited, 33 DLR (AD) 186, the trial Court held that Jamuna Oil Company Ltd. was a subsidiary of Bangladesh Petroleum Corporation, that the law of master and servant would not apply to the plaintiff, and that the dismissal of the plaintiff from service with..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....n to the ship (MV Banglar Kiron); another bill was sent to the party to whom the goods were consigned (M/s MA Baker); the third remained with the Merchant (Transclear) for his testimony against the master, and for protection of the interest of Transclear in case it becomes necessary. (4) Admi......preme Court Appellate Division (Civil) Present: H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alia......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents &n......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......................Appellant. Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Ho......ed describing the family. According to the explanation 'family' shall mean any person under sub-section (1) and all persons leaving in the same mess and dependant upon him but does not include any servant or hired labourer. 5. Other provisions of this section are not relevant for our purp..Category: Others | Date: | Hits: 142
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