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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 ......ainability pf the applications under section 34 of the Ordinance became the pivotal ground upon which the controversy during the hearing of the appeals and the same was debated before us in full force. Had the decision of the High Court been given merely on this point, no further complicat......ndents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred to- General Manager, Hotel Inter-Continental vs. Chairman, Second Labour Court, Dacca, 28 DLR 160; Railway Men'..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 ......onstrued to be documents of lease and not licence in spite of the fact that there were some onerous, clauses because "in spite of all these clauses, it is obvious that the transferee was granted full right in the property to use the same for the purpose of the plaintiff's gain." Mr. Da......ossession. 4. The defence of the defendant no. 1 in both the suits was that he was a watchman of the plaintiff. The suit lard in T.S. No/ 76/58 was leased out to him by Mr. Hithford, the then Manager of the plaintiff Company at the rate of Re. 1 per bigha per year 31/32 years back. He has been ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ......rder of temporary injunction passed by the Munsif 3rd Court Tangail in O. C. Suit No. 225 of 1977. 2. Petitioner before me is the plaintiff who filed the suit for a declaration that he is the lawfully appointed Nika Registrar in the area of Nagarpur Police Station and that the appointment of de......r after hearing both the parties. The plaintiff, petitioner moved this Court in Revisional Jurisdiction and obtained the rule. 3. The case of the plaintiff is that he was appointed a Muslim Marriage Registrar in 1957 and was confirmed in 1959 and since then was discharging, his duties as such t..Category: Family Law | Date: 30 Nov, 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 ......years service. The learned Advocate for the petitioners also referred to the Pay and Service Commission Report. Vol. 1. dated 20-12-77 wherein 14 years service was recommended only for entitlement of full salary of the grade, which has been emplemented. The learned Advocate for the petitioner submit......desh……………….. Petitioner Judgment September 10, 1979 Result: The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, AIR 1962 (SC) 36 ; Nagnooor v: State of Mysore, AIR 1964 May,..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
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. ......f the signatures with those in 'Y' and' Z' as these signatures were no contemporaneous. He also stated that it could not be said from examination of 2 signatures only whether the full stop as appears at the end of the word 'Choudhury' in ‘Y' and 'Z' con......f the deposition of the witnesses. It is an evidence that P W.9. Shamsul Huda, husband of P.W.2 (Plaintiff No. 2) was present in the sitting where the heba was made. It is not unnatural that at one stage of the sitting the husband of the plaintiff No. 2 might have handled the document after these we..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. ......rformance of the contract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree does not acquire an interest in the land. He can lawfully maintain and protect his possession and interest in the property. The rights of the par......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. ..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
......nce Tk. 500/-per month in lieu thereof; (d) he shall be entitled to pension and other benefits after continuous service of 5 years as admissible to Class I officer of the Government and he shall be a full-time Law Officer and shall not be entitled to any private practice. Other Law Officers are allo......ellip;...................Respondent
Judgment
August 2, 1979.
Result:
The rule is discharged
Cases Referred to-
A.I.R. 1973 SC 1135; Weekly Law Reports, October 29, 1971 page 1582; Criminal Revision Case No. 681 of 1976 ; Criminal Revision Case No. 633 of 1975; A.I.R. 19..
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
......eputy Commissioner by the superintendent and Remembrancer of Legal Affairs, it appears that the legal advisers of the Government were under the impression that the Government could order a summery or full-dress enquiry for the purpose of satisfying themselves whetherthe prosecution was likely to end......nexure-F) of the Chairman, Baintala Union Parishad, under P.S. Ramphal, District Khulna in pursuance of another notice dated 10.11. 77 (Annexure-E) of Mr. Abdul Quayyum Thakur, Magistrate 1st Class, Bagerhat announcing that a parallel enquiry would be held in Bagerhat P S. Case No. 2 of 1977 in whic..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ...... that the fishery concerned was an open fishery; he preferred an appeal before the joint Secretary, Ministry of Land Administration and the Land Reforms and the same was rejected. 3. He unsuccessfully moved the Writ Petition which was ultimately dismissed. On perusal of the judgment of the High......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
.....
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
......the witnesses. It was submitted that no opportunity as provided under Rule 5(e)(ii) of the Rules to cross-examine the witness was afforded to the petitioner. It was further submitted that copy of the full report as required under Rule 5(e)(v) was not supplied to the petitioner along with the second ......over sight and there was no dishonest intention or ill motive. The petitioner further stated that the admission of the two cadets have got no connection with the purchase of the house at Bonodpur Village which was purchased at an early point of time then the admissions of the cadets.
8. Petitio..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....but haying 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) 339
......of his service career, the authority concerned decided to take a lenient view and retire him from service which was neither a punishment nor did it carry any stigma against the petitioner. Having carefully perused the Government file ourselves, the submissions made by the learned Deputy Attorney Gen......n the authority chooses to take a lenient rather than a possible harsh view of the matter. In the instant case, the authorities decided to take a lenient view in consideration of the petitioner's age and length of service but the possibility of taking a different view on the basis of the materia..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 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 ......r the shipping agent before measurement is taken in the shore tank. Moreover, it was clearly the duty of the shipping agent to ensure that the quantity ordered by the consignee is delivered to him in full. It is, therefore, not understood as to how he could remain absolutely in the dark when the mea...... 1971 while the learned Deputy Attorney General has appeared for the respondent in all the petitions. 3. Facts leading to these rules, in brief, are that the petitioners while acting as shipping agents for the ships carrying imported petroleum products were served with a notice by respondent No..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
.... 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 ......n of misconduct he was dismissed from service by the petitioner after a domestic enquiry. He had challenged the order of dismissal under section 34 of the Ordinance and got the remedy after full hearing Mr. Asrarul Hossain has referred to the definition of a worker or work-man as given in ......raised before the Labour Court; on the contrary, the application was contested and was disposed of on merits and as such the petitioner is debarred from raising the question of jurisdiction at this stage. Mr. Hossain on the other hand had contended that when the statute debars respondent No. 1 from ..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ......titioner was placed under suspension on 23-9-70. Thereafter on an application filed by the petitioner the said suspension order was rescinded and the petitioner was allowed to resume his duties with, full pay as per order of the Secretary, Bangladesh Family Planning Board dated 19-2-72 which is cont......itioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: The rule is made absolute. Cases Referred to- 21 DLR (SC) page 238 (Pakistan Vs. Md Nimayamatullah Farukh; 27 D.L.R. (Dacca) 315 Lawyers Involved: Ra..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
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. ......ussion of .this rather interesting question, for we are in entire agreement with the High Court that neither the learned Guardian Judge 1 nor the learned District Judge had applied their minds as carefully as they should have done to the facts of this case. If they had done so, it would y 'have ......lek J.- The petitioner obtained this Rule calling in question the order passed by the Additional District Magistrate, Mymensingh detaining Mr. Kudratullah Mondal, son of late Samiruddin Mondal of village Mozakhali P.S. Haluaghat, District Mymensingh under rule 5(1) (a) of the Emergency Powers Rules,..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
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 ...... affairs, dismissed the application by order dated June 22, 1973 specifically directing respondent No. 1 to implement the undertaking. The learned Single Judge apprehending that respdt. No. 1 who got full control of the Company's business might not honour his undertaking gave direction upon him ....... The Company incurred heavy liabilities on different counts and its debt rose to such an extent that the Company became commercially insolvent. All assets and properties of the Company had been mortgaged to the principal Creditor, respondent No. 2, Bangladesh Shilpa Rin Sangstha which succeeded the..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......emy Property Management Cell), is a government servant. “It is clear that the O.P. No. 1 holds a whole time office of profit in the service of a body constituted by the Govt. Even if not a full-fledged Govt. servant the O.P. No. 1 is a person who holds a whole time office of profit in the......for the same office, on the ground that the petitioner held a whole time office of profit under the Government in that he was a Tahsilder in respect of Vested and Non-Resident Properties under the management of the Additional Deputy Commissioner, Barisal and as such was disqualified for election as ..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......e parties held that neither the Ordinance No. 23 of 1973 nor the Govt.'s Circular Order dated 27-3-72 is applicable to the Respondents, workers and that the General Manager is their employer with full power to "hire and fire" them and to give them promotion, increment, leave uncontroll......r and are going to be disposed of by this judgment. 2. Respondents (first-parties) in both the applications are employees in the R.R. Textile Mills Ltd. of which the petitioner is the General Manager. This Mills is a nationalized industrial enterprise under the administrative control of the Ban..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......ain, because of the requirement of presence of community of interest amongst the parties to a suit for partition a stranger could not be impleaded even when his presence was found necessary for doing full and complete justice to the parties in one action. Widely, prevalent practice of henami transac......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......lamation or Regulation or Order cannot be challenged as invalid in any court of law including the Supreme Court.... ....Mr. Khondker Mostaque Ahmed who became the President of Bangladesh assumed full powers of the government and by clauses (d) and (e) of the Proclamation made the Constitution o......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
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