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General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....ed to three cases namely, the cases of National Bank of Pakistan vs. Md. Golam Mostafa, (1975) 27 DLR 158, the case of Aminul Islam vs. James Finlay (1974) 26 DLR (SC) 33 and the case of Project in charge, Paruma Ltd. Vs. Mr. Aminur Rahman Khan, (1979) 31 DLR 124. 11. In the second case, ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....ating to the fundamental rights shall apply to any provision of a disciplinary law relating to members of the disciplined force, being a provision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline in that force. The Constitution has demarcat......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....uarantee be released by encashing the guarantee. The counter claim by the defendant for demurrage amounting to Tk. 93,00,000/- lac was rejected as the defendants were liable for the delay in the discharge of the cargo owing to prolonged discussion and negotiation. 7. Defendants appealed against......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
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ecree made against her for money in Suit No. 816 of 1943 shows that the had not the capacity to pay her creditors. It has already been discussed above that recovery of money was relating to labour charge for the work done in 1939 when a small sum of few hundreds remained due to the Contractor an......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....long with others who had been change sheeted in one case under section 364 of she Penal Code read with President's Order No. 50 of 1972, and in another case the appellant along with others had been charge sheeted under sections 364/302 of the Penal Code read with President's Order No. 50 of 1972......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....9 of 1979 rejecting the petition summarily. 2. Facts are not in dispute. Respondent No.2 was an employee of the Dacca Improvement Trust (DIT), He was tried by Special Magistrate on a criminal charge but was acquitted on the ground that' the case was triable by the ordinary criminal Court. ......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....n by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some baseless charges, it is alleged. In the first proceeding, the allegation revealed that he prevented Mr. Alvi......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. ..Category: Labour and Industrial Law | Date: | Hits: 91
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....er sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance ......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....riated by the appellant in collusion with 2 members and the Chairman of the Union Council. Anti-Corruption Department made preliminary enquiries and filed F.I.R. and after investigation submitted charge-sheet against the accused persons. The case was tried by an Assistant Sessions Judge and Ex......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....e (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 been referred to a S......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. ..Category: Administrative Law | Date: | Hits: 106
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
....rongful and unfair, was dismissed by the High Court. 2. Briefly the facts of the case are that the aforesaid Nurul Gani, who was employed as a workman in the Khulna News Print Mills Limited, was charge-sheeted and suspended on 28-2-63 under clause 13(3) of the Standing Orders in the Schedule of...... 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. ..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....stance become a debt due to her from the Stock Exchange, or whether there were any circumstances arising out of her membership, which would enable the Stock Exchange to retain the monies for the discharge of its obligations to other members or to members of the public. The only rules which are rel...... 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. ..Category: Business or Commercial Law | Date: | Hits: 74
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....ance certificates from the store-keeper". 5. The order terminating the services of the other respondent, Md. Sekandar Mia was exactly on the same terms. These orders do not at all contain any charge or stigma against the respondents. By these orders, their services were simply terminated w......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. ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....judgment and order of a Division Bench of the High Court of West Pakistan, Karachi Bench, in Criminal Acquittal Appeal No. 451 of 1961 by which the trial court's order acquitting the appellant of the charges of 'criminal breach of trust' and 'criminal misconduct' were set aside and he was convicted ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....gh Court of East Pakistan allowed the appeal. The judgment and decree of the trial Court were modified. It was held that under section 167 of the Bengal Municipal Act the municipal dues being a first charge the plaintiff bank was entitled to a sum of Rs. 3380/- which was the surplus left out of the ......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. ..Category: Banking Law | Date: | Hits: 230
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....j without any passport, visa or any other travel document authorising them to enter into and stay in Pakistan. A case was, therefore, started against the respondents at the instance of the Officer-in-charge of the Nazirpur Police Station. A charge-sheet was eventually submitted against them unde......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ..Category: Criminal Law | Date: | Hits: 59
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....duced before the High Court Division has to be admitted on record by the court of appeal below on consideration of the materials on record to decide the issue as to whether the cinema hall is to be charged as service industry prior to 1st August 1987 with liberty to parties to adduce evidence in ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....nature of information and complaint the Bureau of Anti-Corruption has received so that he unknowingly does not make a statement to a question which might have a tendency to expose him to a criminal charge”. The High Court Division on consideration of the provisions of the Act, particularly...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....he case which was completed by PW 17 Md Shamsul Haque Khondker. All the investigation officers visited the place of occurrence and some of them seized alamats and after completion of investigation charge-sheet was submitted and thereafter these two condemned prisoners were placed on trial before......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..Category: Criminal Law | Date: | Hits: 47