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....he allegation that complaints were dismissed in violation of section 18(7) of the Employment of Labour (Standing Orders) Act, 1965. Their case was that they were suspended on the allegation of resorting to an illegal strike on 14.3.76 and they were asked to submit as to why they shall not be di......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.
......e-Miladunnabi and as such the workers as a mark of respect abstained from their duties on that day but in pursuance of an agreement between the workers and the management, the workers compensated the loss of the working day by working extra day on 19.3.76 which was a holiday in the Mill.
3. The..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....hellip;. Appellants Vs. Shah Alam & another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent exec......t was not maintainable in the absence of a prayer for recovery of khas possession. The defendants contended that the plaintiffs acquired no title in the suit property on the basis of the so-called oral gift which is an afterthought and concocted with ulterior motive for illegal gains....... 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. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....nd. He can lawfully maintain and protect his possession and interest in the property. The rights of the parties acquired under the decree are the same and they are in joint possession. What is sought is to enjoy the property in severally for convenience. In such circumstances, a partition sui......n second paragraph of section 45 of the Transfer of Property Act. It is true that the learned Judges of the High Court applied the rule, but in so applying they have fully considered the evidence called by both sides and have found that the plaintiff's two witnesses, plaintiff himself and P.W.......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
....as expecting recognition of his meritorious service by elevation to the Bench of the High Court Division but instead he was suddenly served with the impugned order of removal without assigning any reason.
3. The rule issued on his petition has been resisted by the Government by filling an affid......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
......ir supplementary affidavit in which it was stated that the petitioner's service was not satisfactory and in that connection explanation was obtained from him by the Attorney General in respect of loss of some case records, such as of Criminal Revision Case No. 681 of 1976 and Criminal Revision C..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
........................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents
Judgment
July 6, 1979.
Result:
The rule is made absolute.
Cases Referred to-
Patna High Court, 50 Crl Law Journal, (1949) 47427 DIR., 34230 ......of the Code.
6. Mr. M.M. Huq has tried to distinguish the instance case from those relied upon by Mr. Rahman, particularly the Patna case. Mr. Huq has argued that the intended enquiry can not be called a parallel enquiry, for it is not a judicial enquiry but an administrative one, for a differe......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
..
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)
...................Petitioner Vs. Chairman Labour Court, Khulna and another…………...Respondents Judgment June 29, 1979. Result: The rule is made absolute Whether a person is a worker or not depends in each case with reference to the evidence ...... that any evidence was adduced. The issue as to whether a person was a worker or not has to be resolved in each case with reference to the evidence on record. The records of the instant case were not called for since there was no such prayer. From the judgment also it does not appear what other mate......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 ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....hers…………………..................Respondents (In both cases) Judgment May 31, 1979. Result: Rules in each of the petitions are made absolute. Cases Referred to- American Life Insurance Co. Vs. Dacca Municipality in Civil App......etition No.135 of 1970) Writ Petition Nos. 135 and 242 of 1970. Judgment A.T.M. Afzal J. - In both these petitions the petitioner is the erstwhile National Bank of Pakistan at present called the Sonali Bank. There are two petitions on record for substituting the present name of the p......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....pect of the whole or any part of the subject matter of the suit, the Court shall order such agreement, compromise or satisfaction, to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit." 3. This rule enables the parties to compromise the......determines the rights of the parties with regard to the land in dispute and as such this is an original proceeding and the determination of the right of the parties are conclusive, whether it is called a decree or an order and the effect is the same. So we feel that provisions of Order 23 Rule ......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. ..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....himself lodged a First Information Report to the Police against them. The police after investigating the case submitted final report against the chowkidars. The Corporation suspected the petitioner also and drew up a departmental proceeding against him asking him to show because why disciplinary act...... 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 ......ded a minor punishment but the authorities while accepting the finding of the Enquiry Officer rejected his recommendation for minor punishment and awarded the impugned punishment in view of the heavy loss involved in the matter. Being dissatisfied with the order the petitioner moved this Court and o..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....nd Secretary Ministry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 others.............Respondents
Judgment
March 28, 1979.
Result:
The Rule is made absolute.
Cases Referred to-
A.T.R. 1969 (SC) 130; AIR 1964 S.C. 364; 30 DLR 144
Lawyer......ence shall be heard as to such of the allegations as are not admitted and the accused shall be entitled to cross examine the witness against him to given evidence in person and to have such witnesses called for the defence as he may wish, provided that the Inquiry Officer may, for reasons to be reco.......
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
..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....ent:
Abdur RahmanChowdhury J
A.T.M. Afzal J
M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board..........Petitioner
Vs.
Secretary, Ministry of Power, Water Resources and Flood Control and another....... Respondents
Judgment
March 21, 1979.
Res......e is no allegation of mala fide against any of the respondents. In the absence of any thing on record to shows that the impugned order was passed mala fide for collateral purposes, no interference is called for. Having regard to these fact and circumstances and our discussion above, we do not find a......ds involving some charges or imputations and is imposed on an employee as a penalty but the termination of service by way of compulsory retirement does not carry with it any penal consequence such as loss of pension or other pecuniary benefits to which he may be entitled nor is there any stigma affe..
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)
....e heard before impugned orders were passed. The further case of the petitioners was that the measurement of the oil was taken in their absence and without notice to them and the out-turn report was also prepared on the basis of the said measurement. As such the said report could not be taken as a ba......d with a notice by respondent No. 1 calling upon them to show cause as to why penal action should not be taken against them under section 167(17) of the Sea Customs Act, 1878 (here in after called the Act) for the alleged shortage of different categories of imported oil. It was alleged by ......il after it was measured in accordance with the customs regulations, Moreover, the petitioners themselves furnished a guarantee before the customs authority and undertook to make good any shortage or loss and pay any duty that might be found to be leviable on the imported goods. Therefore, there was..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
..... Vs. Bangladesh and others……………….Respondents (In all the cases) Judgment March 15, 1979. Result: All the rules are made absolute Lawyers Involved: Asrarul Hossain, A.M. Nooruddin Ahmed—For the Petition......in this 12 miles Zone i.e. Customs Waters, then they will come within the mischief of this Act. But the show cause notice in each case shows that the trawlers were far away from the 12-miles sea belt called Customs waters. The Trawlers Porsommboon and Mongkolnimit were, as stated in the show cause n......out any lawful authority and 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) 256 ..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....Respondents Judgment March 7, 1979. Result: The rule is discharged. Lawyers Involved: Syed Azizul Huq-For the Petitioner A. N.M. Yusuf, (President of Mukhtear Bar Association's) in person. Gour Chandra Das-For the Respondents Writ Petition No. 351 of ......mic Republic of Pakistan is directed against an order passed by the Additional District Magistrate declaring the petitioner along with others as touts under Legal Practitioners Act, 1979 (hereinafter called the Act). 2. Facts leading to this Rule in brief, are that the Secretary, Mukhtear Bar A......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 ..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....978). Vs. Bangladesh Biman...............Respondent (In all the cases) Judgment January 19, 1979. Result: The rules in Writ petitions Nos. 479 and 538 of 1978 are made absolute Orders of termination are dismissed. Cases Referred to- Bangladesh Small Indus......der any law, such as the PIAC Act, 1956. Furthermore, it has been contended, neither the Government nor the Corporation framed any service rules for the Corporation's employees. The service rules called P.I. A. Service Code, it is explained, are being followed by the Corporation as mere guide li......tice taking the ground that his services are no longer required. He has challenged this termination alleging that he has been victimised by the respondents whose financial irregularities resulting in loss of the Corporations money and reputation were pointed out by him. Respondent Corporation entere..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....on, however, was regarding the interpretation of rule 40(4) of the Union Parishad Election Rules, 1976. 4. Correct interpretation of rule 40(4) has become necessary in view of the fact that some Tribunals are not counting as valid ballot papers which did not contain both the official seal ......ntaining three outer-foils; and (b) one for-Chairman. (2) Before the ballot paper is issued to a voter- (a) the number and name of the voter as entered in the voters' list shall be called out; (b) a mark shall be placed on the voters' list against the number and name of t......ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: The Rule is made absolute. Cases Referred to- Ramji Lal Vs. Rex AIR 1949 East Punjab 67; Kishori Lal Vs. Crow......cancelled the bail of the respondent. Against that order the respondent filed an application under section 561A of the Code of Criminal Procedure which was heard by Shafiur Rahman, J, who recalled the order cancelling bail and allowed bail to the respondent. Against that order the appeal w......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. ..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....din, elder brother and Jahiruddin, younger brother of the appellant and the appellant himself were the First Directors as well as Share-holders of the Company. The Memorandum as well as Articles of Association of the Company provided for two classes of shares, 'A' and 'B' the former ......airs of the Company subject to control and supervision of the Directors. The last Annual General Meeting of the Company was held in December, 1969 but since then no General Meeting of the Company was called by the Managing Director who began to run the affairs of the Company himself ignoring the law......ge apprehending that respdt. No. 1 who got full control of the Company's business might not honour his undertaking gave direction upon him to call the defaulted annual meetings, submit profit and loss accounts of the Company and to allow the petitioner to participate in its management. But these..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....t in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick and others claimed undisputed right, title and possession in the said land and also stated the names of the miscreants in Schedule "B" of the petition who were said to be ...... it was observed by a Division Beach that when the Magistrate acts under section 25 of the Police Act. since the provisions of the Code of Criminal Procedure do not apply to this act may be called an executive act. Similarly in this case since the provisions of the Code of Criminal Pr......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....t in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick and others claimed undisputed right, title and possession in the said land and also stated the names of the miscreants in Schedule "B" of the petition who were said to be ...... it was observed by a Division Beach that when the Magistrate acts under section 25 of the Police Act. since the provisions of the Code of Criminal Procedure do not apply to this act may be called an executive act. Similarly in this case since the provisions of the Code of Criminal Pr......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
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