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Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....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. ......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. ......re the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......f any right guaranteed under 'any law' to a person who is a worker under the Industrial Relations Ordinance is quite maintainable." 4. These observations of the High Court Division begs the whole question namely, whether the DIT is commercial or industrial establishment within the meaning of the..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
.... cancellation of the lease in terms of one of its clauses will not by the mere fact of the cancellation of lease deed on the breach of a covenant for re-entry authorise the lessor to take forcible possession of the property from the lessee, without recourse to a court of law, if the lessee does ......d with the Government some time in April, 1974. In the meantime some small construction, though not a complete structure, was made, and the appellants tried to transfer part of the land for which they sought permission from the government which, however, was not finalised a...... cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ty Secretary, Ministry of Public Works & Urban Development. Public Works Division, Govt of Bangladesh cancelling the lease of Plot No. 701, Road No. 30, Dhanmondi Residential Area, and the question involved is whether the learned Judges of the High Court Division after finding that the ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:...... the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......asud J.-This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No. 222 of 1973 dated 1st September, 1977. Leave was granted for examining the question as to whether the provisions of the Urban Immovable Property Tax Rules, 1957 and also wheth..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......d. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......I.M.C. The Government took the policy of disinvestment of certain abandoned properties and in pursuance thereof Halda Valley Tea Estate was sold to the United Planters and Traders Limited. The only question is, therefore, whether the service of the respondent automatically stood transferred ..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....ter arises out of writ petition brought by Enamul Huq and another and their prayer was to declare the order of Additional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 directing to hand over vacant possession of the shop named 'Bornika' to the appellant before us was without lawful authority. ......bserved that the learned Judges of the High Court Division have found that the mere fact of Abandoned Property authorities' taking over possession and dispossessing tenant and giving it back to the landlord terminated the tenancy, a proposition which is not sustainable in law. On fact, it appear......llowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......er (Rev) Dinajpur dated 5-1-77 directing to hand over vacant possession of the shop named 'Bornika' to the appellant before us was without lawful authority. 2. The main dispute centred round the question whether Zahirul Huq, tenant of the premises though he was described as an ex-tenant, was di..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
.... immovable, cash balances reserve funds, investments and all other rights and interests in or arising out of, such property as were immediately before the commencement of this order in the ownership, possession, power or control of the existing bank in relation to the undertaking within the territor......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......he result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ffect that the Government had decided not to allow the payment of the exchange value of demonetised Pakistani currency notes is irrelevant so far the facts of the case are concerned inasmuch as the question in this case is whether the respondent is entitled to the payment of an amount already rele..Category: Banking Law | Date: | Hits: 129
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. ......tantive right. In this view of the matter this petition is dismissed. Ed. ......sed by the High Court Division in Writ petition No. 381 of 1975). Judgment: K. Hossain J.- The petitioner is an Assistant Sub-Inspector of Police and he unsuccessfully called in question, the order of his reversion from the position of Officiating Sub-Inspector to that of Ass..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......gly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......erred to as "the Ordinance") were filed by him, the grounds of challenge being that the proceedings drawn by the company were hit by sections 15 and 47 of the Ordinance. The company questioned the employee's competence for present the aforesaid applications before the Labour ..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......ere it has been held that the tenant must pay rent in terms of the contract and in the absence of the contract within fifteenth day of the next following month on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within th......t, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......al Court and on revision by the tenant before the High Court Division. The matter was placed before a learned Single judge of the High Court Division, who on finding some conflicting decisions on the question of default referred it to the Division Bench, which, on consideration of several other deci..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....nd published in the Dacca Gazette Extraordinary dated 2.4.56 is illegal, void, inoperative and not binding upon the Plaintiffs, and have in no way affected their right, title, interest and possession therein. (b) That a permanent injunction restraining the defendants from...... already been published and prepared and as such he does not press the appeal. The appeal is dismissed for non-prosecution." 2. Leave was granted to consider whether non-retainable lands such as hat owned by non-rent receiver stood acquired by virtue of general notification dated......d. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......t and further the Government is entitled to mesne profits from the plaintiffs with effect from 14.4.56 or from 1st day of the Bangali year following the notification under section 43. The last two questions do not directly arise from the appeal. 3. To revert back to the preliminary object..Category: Property Law | Date: | Hits: 66
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... Ext. 6, that the plaint's case that Ram Proshad had interest to the extent of 14 annas and odd share in the suit land was altogether baseless; that the plaintiffs had not been able to prove their possession in the suit land; that they brought the suit as a test case by procuring dakhilas Ext. 2......bsp; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbe......appeal is dismissed. No costs. Ed. ......ded as potit land in Ext. 6. 8. Mr. Ranadhir Sen, the learned Counsel for the appellants, contend that the trial Court as well as the High Court Division fell in grave error in deciding the question of title of the plaintiffs on the basis of the Khatian Ext. 6, wrongly described as the CS..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... 84, 00,000.00. He made a down payment of Tk. 11, 80,000/‑being 15% of the bid money in favour of the Executive Engineer (Maintenance) PWD, but the Ministry of Public Works could not deliver possession of the disputed property to the said Syed Altaf Hossain as the appellant field possessio......ed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the afor......re, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......st bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in question it is alleged, are forged and fabricated documents, executed illegally and collusively for..Category: Criminal Law | Date: | Hits: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....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. ......cumstances of the case. Specific performance was refused on the ground of hardship of the respondent. if solatium or compensation' is paid only in consideration of the present market value of the land, then the purpose of refusing specific performance on the ground of hardship will be defeated. ...... from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......rom the judgment and order dated 29‑5‑1986 passed by the High Court Division, Sessions Bench, Sylhet in Appeal from Appellate Decree No. 291 of 1979). Judgment Shahabuddin Ahmed CJ.- The question involved in this appeal by special leave is whether the amount of solatium, given to the pl..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....arose out of a suit filed in 1937 by three ladies, namely, Mst. Wahudul Khatoon, Mst. Qaiser Khatoon and Mst. Jawahar Khatoon, and one, Amiruddin, against Moulvi Abdul Khaliq and one, Waziruddin, for possession after declaration of their respective shares as the heirs of one, Moulvi Abdul Aziz who......re 346. These were both cases which dealt with customs recorded in the Riwaj-e-Azm. In both it was held that unless there is a clear statement to the contrary the Riwaj-e-Azm refers only to ancestral land. There is, in principle, no difference between a Riwaj-e-Azm and a Majibul Arz, except this, th...... also Reported in: 25 DLR (SC) (1973) 104. ......n its findings thereon, even though the defendant had filed no cross-objections in the High Court. It was not necessary for him to do so, since the suit had been dismissed by the trial Court. The question of abatement of the suit was also raised before the Judicial Committee which on the 10th of..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ...... under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ...... that the appellant had delivered the materials required for the work under the contract to P. Ws. 1 to 7 who in turn, made them over to Sohrab Mistry who was in-charge of sinking the tube-wells, The question of criminal liability, therefore, dose not arise merely from the non-execution of work in t..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....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. ......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. ...... case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......ber 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of July 1959 the court is precluded from questioning the legality of such order passed by the appointing authority in view of the concluding ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....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. ......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. ...... the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......at the contractor had been doing works in excess of these required of him. These works were completed in 1962. The contractor is entitled to payment of a reasonable amount, pending decision of the question whether the Courts should determine the amount of work actually done, and the payment due ..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. ...... 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. ......e parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......cretary, E.P.I.D.C. Vs. Md. Serajul Haque reported in 22 D.L.R. (S.C.) 284. The contentions of Mr. Humayun Kabir Chowdhury, who appeared for the respondent, will appear from the judgment. 6. The question that arises for consideration is whether clause 12(1) of the Standing Orders of the Ordin..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the 2nd February 1962, the plaintiff applied for an order requiring the Karachi Stock Exchange Ltd., to deposit in the Court. "the amount of Rs. 15,000 or such lesser amount as may be in its possession’s, This application was resisted by the Karachi Stock Exchange Ltd., but was actu...... 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. ......y deposit by a member of stock exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a member of Karachi Stock Exchange shall be subject to a first lien for payments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction sinc......ble conclusion that as from the 30th January 1961, she had done no business on the Karachi Stock Exchange. 3. The learned Single Judge of the High Court made a lengthy examination of certain legal questions arising in respect of this case, not only for the decision of the case but in order, as ..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. ......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. ......R. Khan J 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 perso......ble to the respondents. Mr. S. M. Abbas, learned Advocate-on-Record, representing the respondents does not also contend that the provisions of the said Article were attracted in their cases. The only question, therefore, that calls for determination in these appeals is whether the respondents were..Category: Employment/Service Law | Date: | Hits: 96
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