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Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....sposal by way of sale, etc. Hence the petitioner who is an employee of the D. I. T. cannot be termed as a worker of either any "commercial establishment" or "indusÂtrial establishment." On the other hand, the scheme of Town Improvement Apt shows that for the purpose of carrying out the provisions o......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
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....¦...................Respondents Judgment June 30, 1981. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Syed Sakhawat AH. Advocate-on-Record. - For the Appellant. N. H. Khandker, Advocate-on-Record.—For the Respondents 1 & .2. Civil Appeal No. 9 of 1981. (F......rom the due process of law. With this observation this appeal is allowÂed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 93
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... In I.R.O. Case No. 219 of 1973 the Labour Court arrived at the following findings: "In fact, the charge of misconduct was not proved at all. On the other hand, it is found from enquiry proceeding that as the Assistant Manager got the attendance re......ible 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 following words further highlights the purpose and scheme o..Category: Labour and Industrial Law | Date: | Hits: 91
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....judgments which could hardly be completed within 18th and 19th July, 1990 before my departure for Chittagong. My learned brother Kazi Ebadul Hoque, J in quite a few cases over night prepared by hand and brought written judgments for delivery after I had gone through the same. As 19th July, 1......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
.... suit land measures 5.15 acres, out of which 3.20 acres is respondent homestead. At the present rate, learned counsel contends, the price of the suit land will be above 2 (two) lac taka. On the other hand, Mr. MA Matin, learned counsel for the respondent, has produced kabala of the year 1969 which s......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....male heirs since the custom was alleged by the defendant………….(21) Cases Referred to- Gujadhur Pershad Vs. Two widows of Eman Ali, 2 IA 205: Radha Krishna Das Vs. Raj Krishna Chand, 28 IA 182; Radha KrishÂna Ayyar Vs. Swaminatha Ayyar. 48 IA 31; Golam Hassan Vs. Sarfaraz Kha......along with an application under section 149 of the Code of Civil Procedure of that State for extension of time for putting in the balance court-fee of Rs. 1,045/-. The memorandum of appeal also had a note appended to it to the following:— "The valuation of the suit and this appeal is above ..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....nt for inefficiency with effect from the 1st June, 1959. A copy of the said notification was served on the plaintiff under memorandum No. 2742/1-G.A., communicating a further order directing him to ''hand over charge on the forenoon of the 1st June, 1959 positively". 3. The aforesaid notification......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
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for…………(16 and 18) Lawyer Involved: M. H. Khandakar, Attorney-General, instrucÂted by Abdul Matin Khan Chowdhury, Advocate-on- Record—For th......ged indefinitely. The plaintiff has been opposing the prayer for further time. Considered prayer is allowed as a last chance. No further petition for time shall be entertained. The learned G. P. to note. To 10.4.65 for filing w/s or for disposal. Inform". Thereafter on 10.4.65 the defendant..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. ......gainst the respondent and under the said order his services were simply terminated with an offer of one month's pay in lieu of notice, the order could not be regarded as penalty, though in the office note of the Executive OffiÂcer of the Corporation there was some allegaÂtions about the efficiency..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant and others, 1973, 2 CLC (AD)
....siness as from the 30th January 1961. Although on behalf of the Stock Exchange it was stated at the bar that she had thereafter resumed business, no proof of any kind was led in support. On the other hand, it is stated before us that Mrs. Purviz Dalai left Pakistan several years ago so that it is a ...... 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)
....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. ...... their services were no longer required by the Corporation. These orders cannot, therefore, be regarded as orders terminÂating the services of the respondents by way of penalty. Relying on an office note of the Executive Officer of the Corporation, the learned Judges of the High Court, however, too..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ashier in that office. On the said date, the cash balance, according to the cash-book, was Rs. 4,278,7-5. On 11-3-58, Hamid Hussain prepared a statement (Ex. 43) according to which the actual cash in hand on that date was Rs. 1,434-11-5. Taking into consideration the entries in the cash-book from 8-......4-58 was only Rs. 842-4-8 as against the cash balance of Rs. 7,128-9-11 and the shortfall of Rs. 6,286-5-3 was accounted for by the advances made against chits, etc., which were yet to be recouped. A note was appended to the list (Ex. 39) by which the responsibility for the shortage in cash was unde..Category: Anti-Corruption Laws | Date: | Hits: 142
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....ined the Insurance Company, with which the motor vehicle was insured, as a proforma-defendant upon the allegation that after the unfortunate accident the defendant No.1, the owner of the vehicle, had handed over his insurance policy to the plaintiff No. 1 to take necessary steps for reaÂlization of......amages the High Court while agreeing with the contention of the appellants that the trial Court had not given any basis for its assessÂment upon the evidence on the record, beÂcause, under the said note it is neither possible nor necessary to calculate damages with metiÂculous accuracy. 12. "..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....ugust, 1970, with the followÂing observations ; “K. B. Riasat Ali, learned counsel for the complainant, has placed on record a chart showing the cause of delay in the inquiry. On the other hand, learned counsel for the accused has traced out the progress of this case from the record min......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..Category: Criminal Law | Date: | Hits: 96
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....rtgage and the right of the mortgagee to put the property to sale for the realization of dues cannot be questioned. ……………(9) Cases Referred to- Corporation of Calcutta vs. Kumar Arun Chandra Singha and others 38 CWN 917 ; Rasik Chandra Chakravarti vs. Jagabandhu Chakravarti and other...... his properties and also agreed to execute proper documents whenever called upon by the plainÂtiff bank. In addition to the security bond the defendant also executed on that date a demand promissory note for the sum of Rs. 25000/- as further security. The respondent No. 3, Mohammad Islam, who is br..Category: Banking Law | Date: | Hits: 230
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....ion Act and as such it can not be said that the respondent Nos. 3-6 acquiesced to the continuation of the proceeding of the suit before filing of the Bengali version of the plaint and on the other hand the above facts indicate that the respondent Nos. 3-6 had no prior knowledge about the arbitra......n of the Court. 8. The Supreme Court of India, in the case of State of Uttar Pradesh Vs. Janaki Saran, reported in AIR 1973 SC 2071 held that taking other steps in the suit proceedings connotes the idea of doing something in aid of the progress of the suit or court for the purpose..Category: Business or Commercial Law | Date: | Hits: 94
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....des that Corporation may retire any of its employees after he has completed 25 years of service if it considers that he should be retired from service in the interest of the Corporation. On the other hand, Regulation 11 A (2) provides for retirement from service of an employee after completion of 25......to the Act time and again ignoring that the orders of retirement were validly passed by the Biman Authority under the Regulations and the Rules. That the High Court Division completely failed to take note of the fact that the respondents were retired by the Biman authority as it was considered neces..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....alled for. The learned Attorney General submits that this will be an unnecessary and futile exercise. 5. Mr. M Amir-ul Islam, learned Counsel entering caveat, on the other hand, submits that what the High Court Division directed in swearing an affidavit by the Investigat......d of seven days. Whether he was taken to the Cantonment, if so, under whose order, copy of the diary of the investigation officer where the movements of the accused during those seven days were noted should also be submitted along with the above statement. The statement be filed within seven..Category: Criminal Law | Date: | Hits: 65
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....the power of the Election Commission which is an independent constitutional body. 6. Mr Mahmudul Islam, learned Attorney General appearing on behalf of respondents on the other hand, submits that the Election Commission suggested the names of three officers to act as members....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....al appearing for the State, submits that in view of the evidence of PWs 4, 8 and 9 corroborating each other implicating the accused Salim taking victim Salma to his house alluring with a mango in his hand, the prosecution has been able to prove the last seen theory implicating the accused the High C......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
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