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Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ent surrendered the demonetised notes in pursuance of MLR No. 81 of 1971. It appears that this Martial Law Regulation was promulgated on 7-6-71 by the Chief Martial Law Administrator, Pakistan taking action because a large quantity of Pakistani currency notes had been illegally removed from the Gove..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......the Ordinance, views were expressed that if this were possible the whole purpose and scheme of the legislation which provided for the settlement of an industrial dispute will be defeated. The interaction between sections 34 and 43 which arc carefully noted in the aforesaid decision in the f..Category: Labour and Industrial Law | Date: | Hits: 91
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. ......nduct (Scrutiny) Ordinance, 1959 (Ordinance No III of 1959), the Chairman of the said Committee served a notice on him on the 25th day of March, 1959 calling upon him to show cause why disciplinary action should not be taken against him for inefficiency. The plain-tiff showed cause in writing. He ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......tiff must establish his claim before he can ask for relief from the Court. There are several averments made in the plaint and those averments need proof before any decree can be passed. That cause of action arising in the present case is dependant on a bundle of essential facts stated in the plaint ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......ed after an enquiry but with a month's salary in lieu of notice. The Tribunal received certain evidence regarding the enquiry and came to the conclusion that it was not proper or regular. As to the action of the Management in discharging M. A. Rahman with a month's pay in lieu of notice, the Tribu..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a member of Karachi Stock Exchange shall be subject to a first lien for payments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction since January 1961 her security de..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......, was served with a list of charges of misconduct and was asked to show cause why he should not be dismissed. He answered the charges, but his services were terminated by notice instead of taking any action on the basis of those charges. The aggrieved employee brought an action challenging the order..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. ......p.m. This application was not put up before the Secretary of the Department, but Mr. Karamat Elly, an Assistant Secretary in the Department the Director-General of Manpower to take required immediate action on that application. Accordingly, Mr. Qaiser Ali Khan, the Director-General, after consultati..Category: Anti-Corruption Laws | Date: | Hits: 142
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......nce, accordingly, in this contention of the appellant. 21. The plaint, which has been drafted by a Mofassil lawyer, is no doubt very unsatisfactorily worded and it does not set out the cause of action with any degree of precision. But read in the plaint as a whole liberally, according to the a..Category: Others | Date: | Hits: 124
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ...... 212: an act which authorises the making of by-laws impliedly authorises the annexation of a reasonable pecuniary penalty for their infringement, recoverable in the absence of other provisions by action or distress (Hail vs. Nixon (1875) L. R. 10 Q.B. 152; and iv) where a statute empowers a just..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......as contested by defendants Nos. 1, 2 and 4. Defendant No. 3 died during the pendency of the suit and as his heirs were not substituted his name was struck off. Defendant No. 1 did not deny the transaction. His defence mainly was that the suit was not maintainable in view of sections 69 and 70 of t..Category: Banking Law | Date: | Hits: 230
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. ......vice without assigning any reason.” This provision has been adopted from the Public Servants (Retirement) Act, 1974 (Act X11174) mutatis mutandis in that the Corporation has been allowed to take action as a retiring authority in place of the Government. Section 9(2) of the Act is as follows:..Category: Employment/Service Law | Date: | Hits: 186
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......u are very much within the bounds of law in serving notice under sections 94 and 160 of the CrPC and to exercise power there under. 8. The other contention that action of the respondent No. 3 was violative of Article 35(4) of the Constitution is also of no sub..Category: Criminal Law | Date: | Hits: 58
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......e present petitioners made a prayer for rejection of the application for pre-emption under Order 7 Rule 11 of the Code of Civil Procedure contending inter alia that it did not disclose any cause of action and that it was barred by law. The learned Subordinate Judge on hearing the parties and on ..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ......ing the same to be mala fide one. 5. It appears that the Corporation initially wanted to remove the respondent through a proceeding and that having failed, they wanted to take action for compulsory retirement under Regulation 55(2) of Service Regulations 1990 and that also h..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......)(iv) and enter it at his discretion in the officer’s service record, reporting every case to the Deputy Inspector- General of the Range, giving details explanatory of the necessity for his action. He may award to any police officer subordinate to him below the rank of Inspector any pu..Category: Administrative Law | Date: | Hits: 116
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......7 while the deed of transfer was executed in the year, 1952.
(e) that the respondents illegally evicted the allottees of the petitioner society and demolished their structures and, as such, their actions are not at all lawful. As such, their order dated 23-11-1996 vide Annexure-W and order dated..
Category: Property Law | Date: | Hits: 54
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......riminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depends upon whether they are so related to one another in point of purpose or as cause and ..Category: Criminal Law | Date: | Hits: 76
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......s on 5-10-1981. His case is that on completion of three years of service he was eligible to be promoted to the rank of Assistant Commissioner of Taxes but he was not promoted. That is the cause of action of respondent No. 1 to file the application before the Administrative Tribunal. His further ..Category: Administrative Law | Date: | Hits: 91
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......e Chittagong Port Authority has in exercise of its statutory power floated tender for the purchase of machinery e.g. Gantry Cranes for capital investment and, as such, it cannot be said that the transaction is an ordinary trading transaction. Furthermore we have already observed that declar..Category: Others | Date: | Hits: 130
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