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Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)

....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 83

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....ten statement was filed on the date fixed. 'Thus, the said I.R.O. Case No. 5 of 1973 was still pending before the Second La­bour Court for adjudication on the Charter of Demands referred by the Government to the Labour Court, when the employer ille­gally drew up charge-sheet against the e......er from the table in the Manager's room and persisted in refusing to return it to the Manager. During the enquiry held by the company be denied both the charges. Nonetheless, he was dismissed from service as the company found him guilty. Two separate applications under section 34 of the Industri..

Category: Labour and Industrial Law | Date: | Hits: 91

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

.... 90 of 1972. The appe­llants instituted a suit in the Court of the Subordinate Judge Dacca, being Title suit No, 12 of 1958 for declaration that the acquisition of the Hat at Shakherchar by the Government under Notification dated 2.4.56 issued under section 3(1) of the East Bengal State Acqu...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 66

Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....ion No. 758 of 1978. 2. The appellant challenged an order of the Bangladesh Biman Corporation whereby some employees junior to him were given two years ante-dated seniority. Respondent No. 1 Government of Bangladesh, prepared a com­prehensive formula for giving special facilities to t......ial No. 22 and this was done in violation of the principle of natural justice and without any legal authority. The High Court Divi­sion repelled the contention on the ground lat the appellant's services were based on contract and not governed by any statutory rule and, as such, the employer ..

Category: Employment/Service Law | Date: | Hits: 94

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....vil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment F......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..

Category: Property Law | Date: | Hits: 69

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....foresaid Abdul Khaleque Bain (co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land......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

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

.... Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another...................Respo......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

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....ore that Court" from which it has been transferred. The rules of the Judicial Committee of the State of Bahawalpur have not been placed before us, but from an order of the Minister of Law, Bahawalpur Government, admitting the first appeal that was taken to the Privy Council in this very case in 1941......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....iff Mr. Naziruddin Ahmed was a member of the East Pakistan Civil Service (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 Gover......nt of Mr. Naziruddin Ahmed, Deputy Magistrate and Deputy Collector now employed as Officer on Special Duty, Home De­partment In-charge of the East Pakistan, Government Press, Tejgaon, Dacca from service with effect from 1st June, 1959 for inefficiency. By order of the Governor, Sd/- M. A..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....ision, Comilla) for executing and starting work at once as per schedules of the tender. The suit was filed against the erstwhile Provin­ce of East Pakistan as defendant No. 1 and five others who are Government servants. 4. The defendants entered appearance on 11.11.64 and prayed for time to file......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. ..

Category: Others | Date: | Hits: 103

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

.... employer to terminate the services of a permanent workman by giving him notice or pay in lieu thereof has under­gone any change. Clause (b) of sub-section (2) of section 15 of the Act empowered the Government to make rules to set forth Model Standing Orders and in exercise of that power the Centra...... Mills Limited whose appeal, against the award of the Chairman of the Industrial Court of the then East Pakistan in favour of Khulna News Print Employees Union decla­ring the order of termination of services of a workman—Nurul Gani—to be wrongful and unfair, was dismissed by the High Court. ..

Category: Labour and Industrial Law | Date: | Hits: 107

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

....rned a reasonable opportunity not only to defend himself but also to show cause against dismissal. If, therefore, the authority does not wish to take disciplinary proceedings against the offending Government servant but adopts the alternative course of not giving him any extension on the expiry ...... Secretary, EPIDC, Dacca........................Appellant. Vs. Md. Serajul Hoque.............................Respondent Judgment December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not persons in the â..

Category: Employment/Service Law | Date: | Hits: 96

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

....inted Superintendent-cum-Drawing and Disbursing Officer of the Establishment Branch of the De­partment of Manpower and Employment Ex­change (Labour Division), Ministry of Health and Social Welfare, Government of Pakistan. He took over charge of his office on 7-3-58 from Mr. Ghulam Mustafa. At that......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

Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)

....o so. Once an appeal survives a summary dismissal, the appellate Court has then to give a notice, under section 420 of the Code, to the appellant or his pleader, and to such officer as the Provincial Government may appoint in this behalf, of the time and place at which such appeal is to be heard and......ble to concede that the learned counsel should be allowed to regulate the work or the proceedings in the Court, according to their own choice to suit their own convenience. It would certainly be a disservice to the cause of justice if the counsel were not accorded com­plete independence in the mode..

Category: Criminal Law | Date: | Hits: 78

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. ......amages for the loss of reasonable probability that the child would in future earn and contri­bute to the family. The High Court was fur­ther of the view that under the Fatal Acci­dents Act loss of service could also be a ground for granting compensation. 11. As regards the method of computati..

Category: Others | Date: | Hits: 124

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....t, 1932, provides:— "The sum due on account of any rate under this Act from any person in respect of any holding shall, subject to the prior payment of the land revenue (if any) due to the Government or of the rent (if any) due to a landlord under the Bengal Tenancy Act, 1885, there­upo......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

Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)

....Yaqub Ali J Sajjad Ahmad Jan J Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore............... Appellant. vs. Pakistan, through the Sec­retary, Ministry of Commu­nications, Government of Pakistan, Karachi and ors...................................................................ated the 20th of October, 1966, against which this appeal is directed by special leave. 2. The controversy has arisen in the fol­lowing circumstances:— The appellant competed in the clerical services competitive examination held by the department in November, 1942, and was placed on the wai..

Category: Employment/Service Law | Date: | Hits: 103

The Advocate-Gene­ral, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)

...., 1951, the citizens of Pakistan. They were permanent residents of village Kumarkhali, P.S. Nazirpur in the district of Bakerganj. 3. The prosecution case was that the res­pondents applied to the Government of India and to settle down at Calcutta in the State of West Bengal. A Migration Certific......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

Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)

.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......g from them Tk.89,20,459.98/- as compensation stating, inter alia, that in December 1983 the appellant floated International Tender inviting offers for supplying machinery and equipments, rendering services as well as supervising the erection and installation of the machinery and equipments; the..

Category: Business or Commercial Law | Date: | Hits: 94

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

....d 23-2-1988 is a letter from Deputy Chief of Energy and Mineral resources Ministry to General Manager (Commercial), Power Development Board, Dhaka and the same does not reflect any decision of the Government or of the defendant not to trust the plaintiff as a commercial establishment and the sam......e 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 support of..

Category: Fiscal/Taxation Law | Date: | Hits: 122