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Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)

....rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ..

Category: Employment/Service Law | Date: | Hits: 70

Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)

....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ...... Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Judgment Fe......ollows: “In such a case the authority concerned would have remained free, so as not to disclose any reason in the retirement order, but if its action in retiring a Government servant was challenged as arbitrary, as has been done by the appellant in the present case, the au..

Category: Business or Commercial Law | Date: | Hits: 116

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J       Abdul Khaleque Master and others…………Accused Petitioners Vs. State……&hellip......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ..

Category: Criminal Law | Date: | Hits: 61

Karnaphuli Paper Mills Workers Union Vs. Karnaphuli Paper Mills Ltd. Employees Union & another, 1998, 27 CLC (AD)

....e. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms of employment must establish a relationship of master and servant or an employer and employee between the person employed and establishment and it......ve absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms of employment must establish a......ractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms of employment must establish a relationship of master and servant or an employer and employee between the person employed and establishment and it is not eno..

Category: Labour and Industrial Law | Date: | Hits: 163

Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)

....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......p;…………………… Petitioner               Vs. Abdur Rahim and 4 others…………………..  Respondents ......g the matter to the criminal Court in 1984 for misappropriation of his property by his employee’s respondent in collusion with respondent No. 2. He argued that since respondent No. 1 was his servant at the relevant time and he entrusted him with the dominion of property of the petitioner&r..

Category: Criminal Law | Date: | Hits: 93

Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)

....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J B B Roy Choudhury J Azizul Haque Sikder and others………………………Petitioners ......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..

Category: Administrative Law | Date: | Hits: 160

Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)

....’s function when the award of damages is made by a judge alone or by a jury. It has been stated therein that an appeal from an award of damages made by a judge sitting without a jury or by a master, is by way of rehearing, and the Court of Appeal may reduce or increase the damages awarded....... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 213

Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)

....sive damage thereto. On 14 August 1991 Ministry of Defence of the Government of Bangladesh and Commodore Commanding BN flotilla as plaintiffs brought the aforementioned suit against the vessel, her master, agents and others for recovery of US Dollar 23,918 million equivalent to Taka 88,49,66,000...... Md Abdur Rouf J BB Roy Choudhury J Chairman, Chittagong Port Authority & another…………….Appellants Vs. Ministry of Defence and others………………Respondents Judgment Januar......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......                     Vs. Government of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, and others …………….Respondents Judgment ......rovisions of the said Rule and as such the judgment of the Administrative Appellate Tribunal is liable to be set aside. 5. A reference to the relevant Rule clearly shows that if a Government servant is convicted of any offence other than an offence specified in the Public Servants (Dismiss..

Category: Administrative Law | Date: | Hits: 120

AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)

....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ...... Md Abdur Rouf J BB Roy Choudhury AFB Jahan Mia (Md)………… …………Appellant Vs. Chairman, National Board of Revenue and others…………………………. Responde......ivileges and rights that he enjoyed under the National Grade and Scale of Pay introduced from 1-7-73. From 1-7-77 his position was absolutely different. 15. The absorption of surplus public servants was made from time to time as per Government instructions and decisions but a statute, nam..

Category: Administrative Law | Date: | Hits: 140

Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)

....to the Writ petition, issued by respondent No. 6, Inspector of Schools, Board of Intermediate and Secondary Education, Dhaka, purporting to extend the petitioner’s service for two years as the Head master of Hammadia High School, situated within thana Kotwali, District Dhaka, with effect from 1.9.......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman (Md) ………………...Petitioner Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petition is d...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..

Category: Constitutional Law | Date: | Hits: 163

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....g passage from the book Top Soil and Civilisation by Torn Dale and Vernon Gill Carter, both highly experienced ecologists: “Man, whether civilised or savage, is a child of nature—he is not the master of nature. He must conform his actions to certain natural laws if he is to maintain his domin......Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 2......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..

Category: Constitutional Law | Date: | Hits: 450

Shahinur Alam (Md) Vs. People’s Republic of Bangladesh and others, 1998, 27 CLC (AD)

....he submission of the learned Advocate. No case for leave has been made out.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 211. ......sh Roy Choudhury J Shahinur Alam (Md)…………………………..Petitioner Vs. People’s Republic of Bangladesh and others……………….Respondents  Judgment ...... Judgment November 27, 1997. The Administrative Tribunals Act, 1980 (VII of 1981), Section 4(2) The Rules of Business, 1975, Rule 5 Charges against the government servant having proved with opportunity to defend and when such delinquent being dismissed with due ..

Category: Administrative Law | Date: | Hits: 133

Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)

....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka………………&hellip......nal case by filing a joint written statement denying the allegations made by respondent No.1 and contended, inter alia, that the case is not maintainable as respondent had ceased to be a government servant under Rule 18 of the Fundamental Rules because of his continuous absence from duty for mor..

Category: Administrative Law | Date: | Hits: 119

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

....against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others……………… Appellants Vs. Mahbubuddi......he same, which caused embarrassment to the Government.  9. Next, it was contended that the respondent was not entitled to any relief whatsoever because he lost his identity as a civil servant by contesting in the Parliamentary elections in 1991 and 1996.  10. Lastly, it..

Category: Administrative Law | Date: | Hits: 125

Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)

.... access to his son during pendency of the suit.  The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ......;………….Petitioner Vs. Mrs. Bilkis Jahan Ferdous................ Respondent  Judgment December 12, 1996.  The Guardians and Wards Act, 1890 (VIII of 1890), Section 12(1) A father cannot be denied access to his m......see his growing son only twice. In the meanwhile he is being reared up at the residence of his maternal grandfather at Mohammadpur where he is residing with his mother, the respondent, a Government servant. The couple has also been divorced in 1993. The petitioner’s prayer for visitation w..

Category: Family Law | Date: | Hits: 156

Mahbubul Alam Vs. State, 1997, 26 CLC (AD)

....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......an J.- In Special Case No. 54 of 1990, the Divisional Special Judge, Chittagong convicted the accused-petitioner under sections 409, 420,271 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced him to suffer rigorous imprisonment for one year on each account along with fine of va......€¦â€¦â€¦â€¦... Respondent Judgment January 8, 1997. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Special Judge has jurisdiction to try the accused who is a public servant charged with an offence under section 5(2) of Act II of 1947. The learned Single Judge of th..

Category: Anti-Corruption Laws | Date: | Hits: 81

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

....ors for assessing the extent of damage and the surveyors visited the factory of the appellant on 25-5-91 and undertook the work of survey. On 27-5-91 the surveyors took from the total stock of 5309 master cartons of shrimps and prawns 10 samples at random and sent it to the Deputy Director, Quali......cts Ltd…………………………………………….. Appellant Vs. Reliance Insurance Ltd and others……………………………&......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..

Category: Business or Commercial Law | Date: | Hits: 147

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ...... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………â€......ch provides in the course of its work, welfare reports to courts throughout the world on matters concerning children, and which has a national representative in Bangladesh who is a government servant and an officer of the Department of Social Welfare) to issue a welfare report on the child..

Category: Family Law | Date: | Hits: 250

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N......th Articles 133 and 140. What remains for the purpose of conducting tests and examinations in the civil service of the Republic, whether the tests and examinations cover the entire gamut of all civil servants at all stages of appointment will depend upon the interpretation of clause (2) of Article 1..

Category: Constitutional Law | Date: | Hits: 185