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General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ...... the said case before the Labour Court and its plea inter alia is that those respondents were not 'workers' within the meaning of the Factories Act and their service conditions were controlled by the provisions of the Shops and Establishment Act. They were rightly allowed 2 days' compensatory leave ..Category: Labour and Industrial Law | Date: | Hits: 267
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ......he definition clause of a 'worker' as given in section 2(v) of the (Standing Order) Act, of course, does not prima facie appear to include a worker who has ceased to be In employment but if the provisions of section 25 are read as a whole, partiÂcularly having regard to the proviso to claus..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......r Lordships as to the justice and equity or otherwise of the disallowaÂnce of the expenses in question, no such matter really arises. What is to be deciÂded is the true meaning of the various provisions of the ordinance, not expressed with any notable clarity. The respondent is entitled to..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......Proclamations and Martial Law Regulations. The Constitution though not abrogated, was reduced to a position subordinate to the Proclamations, inasmuch as, the unamended and unsuspended Constitutional provisions were kept in force and allowed to continue subject to the Proclamation and Martial Law Re..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......y of the proÂceedings pending arbitration contending that the charter party was bound by the arbitration clause and that the claims lodged by the ResÂpondent No. 1 are related to and covered by the provisions of Arbitration Act. This petition was resisted by the Respondent No. 1. The High Court Di..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disÂposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......he Code of Criminal Procedure, 1898 (Act V of 1898), Section 561A. The Special Powers Act, 1974 (Act XIL of 1974), Section 29. Section 29 of the Special Powers Act has made apÂplicable all the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with those conta..Category: Criminal Law | Date: | Hits: 51
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ...... 33. The defendant-apÂpellants who were not dead could carry the appeal to its conclusion, and since no question of two conflicting decrees coming into exisÂtence arise, this is a fit case where provisions of rules 4 and 33 of Order 41 of the Code will apply……….(7) Lawyers Involved: ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......the Town Improvement Act 1953 land can be acquired in three ways under three different sections; One is by purchase on agreement under secÂtion 78, the other is by compulsory acquisiÂtion under the provisions of the Land AcÂquisition Act 1894 under section 79 and the third is acquisition on requi..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ion No. 6(6) 69—PCSIR dated 17th July, 1970, and in force immediately before the commenceÂment of this Resolution shall mutatis mutandis, and so far as they are not inconsistent with any of the provisions of this Resolution, continue in force until repealed or altered by rules on regulaÂtion..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......vised its decision on the following consideration: "They are of the view that resignation of the public service by a Government servant entails forfeiture of past service and that there is no provisions under the rule to condone the interruption in case of his reappointment. As such the orÂ..Category: Employment/Service Law | Date: | Hits: 77
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ...... succeed only when he satisfies the requirement of the statute. What sense the expression "contiguous to the land transferred" purports to convey is to be deterÂmined with reference to the different provisions of section 96 of the Act, otherwise, consiÂderation of the expression solely on the basi..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....aking disciplinary measures against a delinquent officer in the absence of any statutory rule making examination or cross-examination of witnesses or giving personal hearing to the delinquent officer mandatory compliance of the prinÂciples of natural justice are limited only to giving him an opport......978 dismissing the apÂpellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ...... decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. Specific provisions have been made regarding the person, proÂperty, time and manner in which the enrolÂment..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and anoÂther, 1980, 9 CLC (AD)
....y a police officer not below the rank of a Sub-Inspector of Police must be submitted beÂfore it. The expression used in the sub-secÂtion "shall not take cognizance except on a report in writing" is mandatory in nature. 8. The question, therefore, is whether the Sessions Judge at the time of pas......tion. The High Court summarily rejected the appliÂcation on January 25, 1977, on the ground that it was for the Special Tribunal concerned to decide as to whether the facts of the case attracted the provisions of the Special Powers Act and whether the Special Powers Act was mentioned in the charge ..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......, acts on the authority of the Code of Criminal Procedure and the Special Tribunal derives his power from the special statute known as the Special Powers Act which provides for the application of the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with the provisi..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ...... the amendment. In as-much as the amendment did not have any retrospective operation on the pending cases." 12. As regards the first contention Mr. K.A. Bakr, Attorney-General, referred to the provisions of section 561A of the Code of Criminal Procedure which, has submitted, conferred no new ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ...... off the written statement was harsh and that it was done without plaintiff having filed an application to that effect. 5. Leave was granted to consider two questions: First, in view of the provisions of section 105(1) of the Code when the interlocutory order striking out the defence has..Category: Others | Date: | Hits: 119
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......he matter the proceeding under the Building Construction Act, 1952, is a matter different from the present proceeding for temporary injunction and if the appellant is found guilty of violation of the provisions of Building Construction Act, the law will take its own course in spite of this Judgment...Category: Property Law | Date: | Hits: 66
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......nly if the authority had exceeded its jurisdiction or that it had no jurisdiction at all or that it had violated any law. But in this case, the Special Tribunal convicted the respondents under the provisions of the Special Powers Act which was (sic) affirmed by the Appellate Tribunal. Therefore,..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... unacceptable. In this connection the learned Judge considered the case of Begu and others Vs. Emperor, 26 CrLJ 1050 (PC) wherein the Judicial Committee of the Privy Council after referring to the provisions of sections 236 and 237 of the Code of Criminal Procedure upheld the conviction of the a..Category: Criminal Law | Date: | Hits: 58
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