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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. ......he consents, either expressly or impliedly. Hence the impugned order of transfer was without his consent. Mr. Ishtiaq Ahmed, the learned Counsel appearing for the respondent canvassed that the law has not contemplated any such automatic transfer. In the case of Nokes vs. Don-caster Ama..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......er 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. 2. The main dispute centred round the question whether Zahirul Huq, tenant of t..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....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: ......ount. It became a direction on the so-called agent, namely, the bank, and the agent, therefore, is only obliged to pay the amount. There-lease order was made on 11-12-71 and the order by operation of law crated a debt. The released amount became a deposit and the bank became a debtor. The High Court..Category: Banking Law | Date: | Hits: 129
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. ......(hereinafter called the company”), is the appellant. The company which is the appellant in Civil Appeal Nos. 26 and 27 of 1978 is the employer. As the facts involved and the points of law raised in these appeals are common, they were heard analogously and this judgment will govern a..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......tion dated 2.4.56 issued under section 3(1) of the East Bengal State Acquisition and Tenancy Act, and so it is directly hit by President's Order No. 90 of 1972, which gives a clear mandate of law that notwithstanding anything contained in any other law for the time being in force, on t..Category: Property Law | Date: | Hits: 66
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......t since the appellants of those appeals were employees of the Biman which had a definite public service in view and therefore has a public character, such employees cannot be treated on the basis of law of master and servant. Thereafter the Bangladesh Biman Corporation Employees Service Regulation,..Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......cepted this view, and will generally accept the thak map as correct unless older papers prove it to have been incorrect." 9. It is submitted that the High Court Division erred in law in not at all considering the Wazibul Arz, a document of unquestionable authenticity, giving d..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... was registered in 1959 and he constructed a building on the land and left it out to tenants. The Ministry of Works has been managing the disputed property ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......brother to dictate his judgment in the court on 18th July, 1990 (Wednesday); but I found that my learned brother, probably due to hurry, did not discuss very material and important questions of law and fact raised which, according to me, required to be considered and decided for coming to a ..Category: Procedural Law | Date: | Hits: 128
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......had, by a Will executed on the 4th of June, 1921, gifted away all his properties to him and had given only a maintenance allowance to Mst. Wahudul Khatoon; (4) that Mst Sabhai was not the lawfully wedded wife of Moulvi Abdul Aziz; and (5) that Mst. Qaiser Khatoon was not the l..Category: Civil Law | Date: | Hits: 117
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. ......d recommendation is clearly outside the jurisdiction of the Ordinance III of 1959 and the rules framed thereunder". Having emphasised further that the "Governor did not make the order under any other law or proceeding" the Division Bench, held that the impugned order of retirement was in excess of..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. ......ing in the facts and circumstances of the case and that the learned Judges of the High Court erred in holding that no ground could be pressed to show as to how the decree was hit by any provisions of law and that the learned Judges ought to have held that the decree suffered from inherent legal infi..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. ......accepted on any ground in relation to private employment". 13. Mr. Humayun Kabir Chowdhury, however, contended that the principle laid down in the aforesaid case is no longer applicable as the law relating to the terms of employment of workmen has undergone a change since the judgment in the ..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... 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. ......anuary 1961 her security deposit would not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an order of attachment was lawful……………(3 and 4) Lawyers Involved: Sharifuddin Pirzada, Senior Advocate (Aziz A..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. ...... the employment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law of master and servant was applicable to them. Therefore , the respondents were not entitled to a..Category: Employment/Service Law | Date: | Hits: 96
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......for adjournment on flimsy grounds……..(5 and 6) Lawyers Involved: Q. M. Salim, Advocate, instructed by Rana Maqbool Ahmed Qadri, Advocate-on-Record—For the Appellant. Dilawar Mahmood, Additional Advocate-General (R.S. Sidhawa, Advocate, with him), instructed by Ijaz ..Category: Criminal Law | Date: | Hits: 78
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......he second proviso to section 10(2) (vii) and that it resulted in a profit of Rs. 2,13,349/- and, as such, the said sum was liable to tax. 3. Leave to appeal was granted to consider the question of law that arises in this case as this is a case of first impression and the question of law is of gen..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......of 1855 this was the only ground upon which damages could be claimed. The trial Court, however, repelled this contention holding that the suit was both under the said Act as well as under the general law of torts. Furthermore, it was of the view that in cases of this nature it was not necessary to..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......2. The State........................... Respondents Judgment February 15, 1971. The Constitution of Pakistan, 1962 Any decision of the Supreme Court to the extent it decides a question of law or enunciates principle of law is binding on all other courts in Pakistan and all judicial autho..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......in appeal before him. 3. Ali Sher Sarki, respondent, a friend of Pir Abdur Rahim, thereupon filed a Writ Petition in the High Court calling in question the order of the Commissioner as without lawful authority on the contention that the power to grant interim relief was implied in the power..Category: Criminal Law | Date: | Hits: 49
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