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BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......e High Court Division erred in holding that the Cooperative. Societies Act was not a special. Act and that the Labour Statutes superseded the Co-operative Societies Act in relation to disciplinary action against the employees of the Co-operative Society. Leave to appeal was granted for examining..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......between the Bench and the Bar Such a behaviour appears to be wanting in the instant case. 7. It has been admitted by the appellant that he left the court. The appellant tried to support his action saying that he left the court under compelling circumstances some of which have found mentio..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ...... 3. Sub-Divisional Magistrate (S), Dacca examined the complainant under section 200, Cr. P. C. He was of the opinion that since Bahauddin Ahmed was a public servant on duty and that the action he took was in discharge of his public duties, it was necessary to obtain sanction from the ..Category: Criminal Law | Date: | Hits: 66
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......ee. 3. On the 24th December, 1966 respondent Mr. Mainuddin Ahmed filed an application under Order XXXIX, Rule 2 of the Code of Civil Procedure before the Munsif of the afore said court for taking action against the Commissioner, Dacca Division, Mr. M.A. Zaher and Haji Jalaluddin Ahmed. It was al..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....spectively for recalling the order of discharge and restoration of the Writ Petition to file, stating, inter alia, that the rule in question was posted, for hearing as item No. 8 in the Daily Cause List of the Court on the 25th January, 1968, that the items above the said rule having colla&......dges exercised their discretion in a judicial and proper manner." 4. It is an accepted rule of judicial procedure in this country that the Court shall entertain and decide a civil action relating to the determination of an individual right only, if, the person who has initiated ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......ken before the trial Court, it could not therefore, be entertained by the said Court. The learned Judge has therefore, held that the statements in the plaint having not challenged any order or action under Chapter IV of the Town Improvement Act, 1953, the suit was not barred under section 93..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......me-tax upheld the rejection of the assessee's accounts and the addition of the loan figures to the income of the assessee for the relevant years and gave the following reasons in support of such an action of the Department. "(i) There is no stock book showing day to day consumption of raw mate..Category: Fiscal/Taxation Law | Date: | Hits: 164
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......vision of the Division management Board, Dacca City and adjoining area. Sd/- M. S. Islam Deputy Secretary No. IR-XV-15/72041(7) dated 11.10.72 Copy forwarded for information and necessary action to:- 1. Mr. Abu Zafar, Manager of M/S. A. T. J. Industries Ltd. 158, Tejgaon Industrial..Category: Business or Commercial Law | Date: | Hits: 129
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......andidate at such an election. In the circumstances, it appears to us that the Election Tribunal has gone out of its way in setting aside the election of the Vice-Chairman or the members and such an action is on the face of it without jurisdiction. 22. Furthermore, rule 62 enacts that the Tribu..Category: Election Law | Date: | Hits: 122
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......ated as indispensable to giving the Court jurisdiction. But if it appears that (he statutory conditions were inserted by the Legislature simply for the security or benefit of the parties to the action themselves, and that no public interests are involved, such conditions will not be considere..Category: Alternative Dispute Resolution | Date: | Hits: 258
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......d are not necessary, parties as they are persons whose presence is necessary for the proper constitution of the pre-emption application. Order 1, rule 9 of the Code does not apply when a cause of action arises against a number of persons jointly because when one of such persons is elimi..Category: Property Law | Date: | Hits: 54
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....nterpreting such provisions where powers have been conferred upon persons who, though officers of the Court, have been mentioned by their designation, such as District Judge. Chief Judge of the Small Cause Court, Commissioner, etc, the question which arose was whether an officer so named in the stat......artiality on a proper consideration of all relevant materials after giving an opportunity to all contending parties to present their respective cases. In order the exercise of the judicial power or action judicially may be a sign of acting as a court, it must be acting as a part of the judicial ma..Category: Trust/Waqf Law | Date: | Hits: 182
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......ve to be satisfied on sufficient cause being shown by the appellant as to the propriety of such stay and a rigorous test has been laid down in sub-rule (3) of aule 5 of Order 41 requiring the satisfaction of the court on the conditions mentioned therein. 12. Mr. N. U. Haider, learned..Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......f a domestic tribunal is challenged all that the court is to see, is that whether the charge framed against the delinquent was such as constituted an offence or default which calls for a penal action, and that the employee was given an opportunity to defend himself in allowing him ..Category: Labour and Industrial Law | Date: | Hits: 151
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ...... as three other persons who were accused of different offences could not be tried together inasmuch as the offences said to have been committed by them were not committed in course of the same transaction and as such there was mis-joinder of charges, joint trial having been held for s..Category: Criminal Law | Date: | Hits: 69
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ...... the sale on the grounds of material irregularity in publishing or conducting the sale; but no sale shall be set aside on the ground of such irregularity unless the applicant shall prove to the satisfaction of the Court that he has suffered substantial injury by reason of such irregularity." 10. ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......le of the Company as an abandoned industrial unit. The Company filed writ petition No. 1054 of 1974, before the High Court Division of the Supreme Court of Bangladesh, and challenged the action of the government and obtained a judgment on May 22, '75 declaring the impugned actions of t..Category: Property Law | Date: | Hits: 57
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......ment-debtor petitioner in the said proceeding comes to the view that for a proper execution of the decree a local investigation is necessary, there is no bar to the taking of the appropriate action by the Executing Court." 4. Thereafter an Advocate Commissioner was appointed, who sub..Category: Tenancy Law | Date: | Hits: 89
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ......didate at such an election. In the circumstances, it appears to us that the Election Tribunal has gone out of its way in setting aside the election of the Vice-Chairman or the members and such an action is on the face of it without jurisdiction." 10. The question of defect of ..Category: Others | Date: | Hits: 141
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......literate the repealed Act as completely from the records of the parliament as if it had never been passed and it must be considered as a law that never existed except for the purpose of those actions which were commenced, prosecuted and concluded whilst it was an existing law, vide Craies o..Category: Criminal Law | Date: | Hits: 113
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