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Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ...... of P.O. No. 27 of 1972. Article 16 of P.O. No.27 of 1972 authorises a statutory corporation to appoint such officers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may determine, Although there is no specific authori&sh..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....Vice-Consul or representative of the Central Government was so executed and authenticated. Along with this we are to refer to section 57(6) of the Evidence Act, which says, that, the Court shall take judicial notice of all, seals of English Courts, the seals of all the Courts in Bangladesh and all t......ular Officers (Oaths and Fees) Act, 1948 may now be mentioned and it is section 3 and the substance of which may be set out. It says, every diplomatic or Consular Officer of Bangladesh exercising his functions in any foreign country or place, or any such diplomatic or consular officer of a fore..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
.... its jurisdiction but also that this disposal or removal is with the object of obstructing or delaying the execution of any decree that may be passed against him. This satisfaction, however, is to be judicial satisfaction and it must be based on some materials which are to be found in the affidavit ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......the Government under the provisions of President's Order No. 27 of 1972, reference, may be made to the relevant legislations cantrolling and governing the powers and functions of the Corporation.
24. It may be mentioned that previous to the establishment of the..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... notice on the recommencement of the proceedings of a suit in the Court after an interval of some time, yet a practice has developed to intimate the lawyers of both sides, so that no party is prejudicially affected. There was no provision in the Code of Civil Procedure for example, to serve not...... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....rving :- "However we have considered all the points raised by Mr. Khondker in this case. We are clearly of the view that none of the points got substance as well." 43. This is the judicial power that had been attracted in the facts and circumstances of the case and this judicial ......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....e not considered to be necessary to be included in section 95 at the time when the East Pakistan State Acquisition and Tenancy Act was enacted or whether the legislature lost sight of those judicial authorities which gave strict interpretation to the usufructuary mortgage as used in s......High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ......rial or administrative capacity; or (ii) Who, being employed in a supervisory capacity, exercised, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature.” 17. As the issue regarding the ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......ection and promotion to the posts of Deputy Secretary and above to the Government. (Copies of the same are annexed to the petitions as Annexure 'A') There is also a Council Committee with the functions (as given in Establishment Division Order No. ED/SSB/1/79-276, dated 9th April, 1979), int..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
.... to distinguish the instance case from those relied upon by Mr. Rahman, particularly the Patna case. Mr. Huq has argued that the intended enquiry can not be called a parallel enquiry, for it is not a judicial enquiry but an administrative one, for a different purpose, such as to ascertain whether th......ight disturb the free course of justice and this Court will discountenance any attempt on the part of any executive official, however high he may be, to prejudge the merits of a case and to usurp the functions of the Court which has got seisin of the case. Such a practice is fraught with immense dan..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....ly made absolute. Since the rule is not opposed, we make no order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ...... A person does not cease to be a 'worker' merely because he is employed in a supervisory capacity. To be able to say that he is not a worker it has to be established further that he exercises functions mainly of a managerial or administrative nature. Therefore, what is important in determini..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....il procedure Code has made the procedure provided in the Code in regard to suits applicable as far as it can be made applicable in all proceedings in any Court of Civil jurisdiction. The consensus of judicial opinion is that the "proceedings" as mentioned in this section refers to original......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....rt also held the similar view as appears from its decision in the AIR 1957 (SC) 882 on which Mr. Haque has placed reliance. It has been stated there as follows: “Tribunals exercising quasi-judicial functions are not Courts and, therefore, they are not bound to fellow the procedure prescri......eld the similar view as appears from its decision in the AIR 1957 (SC) 882 on which Mr. Haque has placed reliance. It has been stated there as follows: “Tribunals exercising quasi-judicial functions are not Courts and, therefore, they are not bound to fellow the procedure prescribed for t..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....at he would have three months' salary in lieu of notice and he would get the benefit of Provident Fund. It has been submitted on behalf of the petitioner that the respondent No. I has applied his judicial mind to the report of the Inquiry Officer the causes shown by the petitioner which if consi.......
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ......is interested in the performance of such duty. In the case of Queen Vs. Guardians of the Lewisham Union, (1897) 1 Q.B 498 it was observed: "This Court would be far exceeding its proper functions if it were to assume jurisdiction to enforce the performance by public bodies of..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
....strate, Sadar (S) Bakerganj. After the final report was submitted by the police, informant opposite party Khorshed Ali Bepari filed a naraji petition and the learned Sub-divisional Magistrate after a judicial enquiry forwarded the case to the Special Tribunal No. 1, Bakerganj for taking cognizance u...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
....idly. The learned Attorney General has relied on the following passage:
"In this country too, the functions of Government are divided into three distinct branches legislature, executive and judicial-each independent of the other whilst acting within its own sphere. For the harmonious worki...... the event of non-compliance of such writ whether contempt proceeding could be initiated validly. The learned Attorney General has relied on the following passage:
"In this country too, the functions of Government are divided into three distinct branches legislature, executive and judicial..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
....n application under section 34 the Court got no initial jurisdiction even to entertain the application and whether objection was railed or not it was incumbent upon the Labour Court to take judicial notice of the statute. In support of this he has relied upon a decision of the Privy Counci...... without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......loyees of the erstwhile PIAC, which was established under the P.I.A.C. Act of 1956. It was provided in the said Act that the PIAC may appoint any officers and employees for efficient discharge of its functions on terms and conditions to be determined" by it. Terms and conditions of service as r..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ......ng up-to-date Accounts audited, holding the defaulted Annual General Meetings and calling regular Director's Meetings and that he will not create any obstruction in the exercise of the legitimate functions of the petitioner in the affairs of the Company.” 18. This undertaking was to b..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
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