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Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
.... Labour Laws on which the judgment under appeal is based are different from those which were considered in the said Supreme Court decision, as they have undergone many changes in the meantime. The decision of the Supreme Court was made on the basis of Trade Union Act, 1926 read with In......hat those among the Flat-Towing Steamer clerks, who became surplus in Shore job because of being junior in such service, would be treated initially as having reverted to their substantive appointments as Flat-Towing Steamer clerks arid their seniority would be determined in the latter c..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....enty-four months average was introduced by Ordinance 111 of 1965, giving it a retrospective effect from 15. 8. 63. It is true that in the present case, the reference was made to the Arbitrator some time in 1966, when the amending Ordinance No. Ill of 1965 had come into operation, but the correct......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....different intention appears in the repealing Act, any legal proceeding can be instituted and continued in respect of any matter pending under the repealed Act as if that Act was in force at the time of repeal. In other words, whenever, there is a repeal of an enactment the consequences laid ......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... the Act: ....................it is just and highly reasonable that they (i.e., Princess and the issue of her body and all persons lineally descending from her) in your Majesty's life-time should be naturalised............' but the enacting part of the Act provided ......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....ng back. This is no doubt one of the major motives for establishing a public corporation, and other forms of Government enterprise. The variety of forms in which the various States have, at different times, proceeded to establish public enterprises is almost infinite, but there main types emerge to ......t on the establishment of the National Health Service on July 5, 1948, Manchester Regional Hospital Board, a regional hospital board, offered by a circular letter dated July 1, 1949 to continue the appointment among other persons of the plaintiff, Barber who at the time was employed as a consultan..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... the special leave petition was filed on 1.9.1976. 7. In the aforesaid circumstances, the learned Deputy Attorney-General submitted that according to rules of business sufficient time was needed to process the filing of the leave petition, so the delay for 52 days was uninten&s......n 16.8.1976 decided for filing the special leave petition. Then on 17.8.1976 Mr. Abu Bakkar, Advocate-on-Record was appointed for filing the special leave petition and having received the letter of appointment dated 20.8.1976 and the file of the case on 21.8.1976, the special leave petition ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....bered that in the original scheme of the Act, s. 93A was not there It was first introduced in 1958 by East Pakistan Ordinance LXIX of 1958, and thereafter has undergone various amendments from time to time. Introduction of this section, it appears, was prompted by the desire to introduce me......ent of compensation in case any interested party did not accept the assessment made under sub-clause (i) of clause (b) of subsection (5) of section 93A. The old section 91A contemplated ad-hoc appointment of an Arbitrator in each particular case. This position was brought to an end by the n..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....to accept any subsequent rent which becomes due in respect of such premises, also deposit such subsequent rent within a fortnight of the date on which such rent becomes due, from the expiry of the time within which such rent is required to be paid under subsection (5) of section 18 together wi......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....s indeed difficult. This must be carefully kept in view in drawing a conclusion from the facts and circumstances of each case. The intention spoken of in this section is referable to the point of time when abduction takes place. To illustrate under what circumstances such an intention c...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
.... matter over which the were altercation between the driver and the Ansar, he (PW 2) stood up from his seat which was immediately behind the seat of the driver Siddique Bhuiya @ Raja Mia and at that time the condemned prisoner fired on the front glass of the bus and that the bullet so fired hit t......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....r contest in the Administrative Tribunal the Government has not taken any appeal to the Administrative Appellate Tribunal. That Tribunal passed the judgment on 29-10-1996 and after a long lapse of time the writ petition was filed. This Division in the case of Government of Banglad4sh vs. M Kashe......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....ddin Ahmed @ N Ahmed earned a lot during his stay in the UK. He returned home with his first wife in 1985 along with his earned money and for the sake of transaction or operation of the accounts in time of illness or his unwillingness to go to the Bank, he opened Joint FDR accounts with his 2nd w......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....mised property and to erect or permit to be erected thereon any building, structures, etc. notwithstanding that such constructions, etc. affect or diminish the light or air which might have at any time during the currency of the indenture been enjoyed by the demised property or any part thereof.......llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ..Category: Constitutional Law | Date: | Hits: 138
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....ary and other benefits he received from 21-4-1993 to 15-5-1996. 2. The points in issue was whether the petitioner having declared his date of birth to be 21st April 1941 at the time of joining could be changed on the basis of subsequent evidence that he was born on 21st Apri......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ns Judge, 4th Court, Comilla, in Sessions Case No. 77 of 1991 dated 30-1-93. 2. The prosecution case, as can be gathered of the evidence of the PWs, was that on 16-4-90 at the time of Zohr prayer victim Asia returned to her house after taking bath from a tank when the two ac......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....action are most illegal and without jurisdiction. Submission of the learned Advocate that the facts as are in the prosecution reports are false, preposterous etc are matters to be considered at the time of trial by the court before which the cases are pending. The other contention that there can......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ..Category: Criminal Law | Date: | Hits: 65
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....eclaration of the respondent No.6 declaring the appellant as an elected Chairman of the Union Parishad in question and obtained Rule in Writ Petition No.106 of 1998. The High Court Division at the time of issuance of the Rule stayed publication of the result. 4. Appellant&rsq......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
....has been written to the petitioner by the plaintiff-bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but on a writ jurisdiction this question cannot be decided. Defendants wil......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
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Category: Civil Law | Date: | Hits: 109
Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)
....(V of 1908), Section 151 The learned judge of the single bench rightly set aside the ex-parte judgment on the grounds of i) prevented by sufficient cause from appearing at the time of hearing and ii) for absence of the learned advocate. There is nothing to interfere. ......f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ..Category: Procedural Law | Date: | Hits: 104
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... would continue to act as Managing Director till the legal formalities had been completed. The petitioner claimed that because of Bangladesh Shilpa Rin Sangstha’s unqualified approval to the appointment of respondent No. 3 as Managing Director the respondent No. 3 called a general meeting ..Category: Business or Commercial Law | Date: | Hits: 95
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