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Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......d order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......t Order I of the Code of Civil Procedure deals with the question of the parties to a suit and by virtue of section 141 of the Code, the said provisions are applicable to a proceeding of original nature like the one under section 96 of the East Bengal State Acquisition and Tenancy Act. The discu..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR 633 DLR 633; Abdul Haque Miah and others Vs. Abdul Rashid & others, 35 DLR 54 (AD); Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 37 DLR 330 (AD); 37 DLR 220 (......cultural one or non-agricultural has to be determined by the purpose for which the predecessors-in-interest of the petitioner took settlement of the land. The determinant factor for deciding the nature of the land, whether the land is agricultural or non-agricultural, is the initial purpose eit..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ......editiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ......1972 in the Court of Munsif, 3rd Court, Dacca against opposite parties as defendants for permanent injunction restraining them from releasing the film 'Diwana' without the consent and signature of the plaintiff petitioner. The opposite party No.1 is the sole proprietor of M/S Selraj Pro..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
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 ......l be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ......is trade union activities and as such the Labour Court had jurisdiction to interfere with the findings of a domestic tribunal. 2. The High Court exercising its writ jurisdiction in the nature of certiorari had no jurisdiction to interfere with the decision of the Labour Court, because..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......ellip;………………..Respondent Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fis.......e., it must be executed by both parties to the agreement, and, if required to be registered, it must also be registered. A unilateral document cannot be called in aid to determine a question of this nature. I am of the opinion, therefore, that the appellate Court below did not commit any error of l..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
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 ......ny substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......y and above to the Council Committee before placing the proposal to the President inasmuch as the order of 9th April, 1979 (Annexures ‘B' to the Petitions) were executive instruction of the nature of formality not involving any question of legality and that any failure to observe such inst..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
...... are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......on of the Labour Court. Action can only be taken "after obtaining permission from the Labour Court". No mode of agreement can out down expressed statutory stipulation of such mandatory nature as can be found in section 18(7) of the Standing Orders Act, 1965. The argument of the l..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ...... ......stated in the aforesaid reply to the lawyer's notice to say that the donor left no property. It appears to us that the contradiction with regard to the matters referred to above are very minor in nature and should not affect the decision on the basis of other evidence as to whether there has bee..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......ss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ...... by no means exhaustive. Courts of law have in the infinite relations between persons and property found different kinds of rights arising from contract or otherwise and provided remedies as to the nature of the case and justice of the cause. 6. One or two illustrations will clarify the propo..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......rder as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......r No. 6 of 1972 and a government servant is subject to compulsory contribution to General Provident Fund. The learned Attorney General has lastly contended that the office of Law Officer partakes the nature of some constitutional offices such as that of a Judge of the Supreme Court, Member of Electi..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......e. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......ed the offence. This submission he may make: as his defence in the pending case. If, on his petition to the government, a parallel enquiry is started than a flood gate will open for petitions of this nature, even from real offenders duly sent up for trial; genuine prosecutions may be stifled in this..
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 ...... order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ......erely 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 determining whether a person is a Worker or not is to see th..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....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. ......Reported in: 1 BLD (HCD) (1981) 80. ...... 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 matters in the nature of a suit, such as proceeding in probate, guardianship and so forth and do not include the ex..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......s to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ...... order the petitioner moved this Court and obtained the rule. 3. The petitioner is not a government servant but is an employee of a statutory corporation engaged in performing function of public nature. No statutory rules have been made by the Corporation for regulating the terms and conditions..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... facts and circumstances of the cases, 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) 306 ......to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ......ed proceeding and of the cause there of; or limitation-After the expiration of three months from the accrual of such cause.” 16. A mere perusal of the section would show that it was in the nature of an indemnity clause to indemnify and protect the officers from any vexatious or frivolous ..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
.... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
......esult, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
......as further alleged that the petitioner has apprehension that the Mill will be transferred to a third party at the instance of certain interested quarters. Accordingly it prayed for a direction in the nature of mandamus on the respondents for delivering the possession and management of M/S. Mohammad!..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ......, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ...... 6. Mr. Huq has lastly made a grievance that there was no specific allegation against the petitioner. It. is true that specific allegations against the petitioner was not there but in a case of this nature it is very difficult to get specific instances of various unfair and undesirable activities i..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
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. ...... the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......mployees and that the P.I A Service Code relied upon by the petitioners got no statutory force; further contentions of the Corporation are that the petitioner's services are purely contractual in nature based upon an implied contract between them and the Corporation and that the Government memor..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)
.... authority and is of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 151 ...... Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 151 ......es from definition of "person" a court or tribunal established under a law relating to the Defence Service or any Disciplined Force. The Impugned order is not an order of a Tribunal of this nature as referred to in Article 102 of the Constitution. The petitioner obviously held a ..Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......er in the Criminal Procedure Code or any other law for the time being in force which empowers the High Court to rehear such an application. An application for a writ of habeas corpus is of a criminal nature and no review is allowed in such matters. We are, therefore, of the opinion that these applic..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
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