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Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ......d for no doubt that a person would be a workman if the work in operation he was engaged in was even incidentally connected with the main industry. It was indeed, very difficult sometimes to apply the principle of incidental relationship, but in referring to the case of a "Mali" or of a dri...... the Shops and Establishment Act, 1965. He claimed that according to section 4 of this Act he will be allowed one and half days "consecutive holidays with full wages in a week. He therefore called upon the respondent company to revise the working hours in accordance with the aforesaid......sons who work within the premises of the factory and who perform duties which are connected whether incidental to the manufacturing process should not be factory workers.” The question for determination, therefore, is whether the Labor Court commuted any error in holding that the petition..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ...... is now well settled, does not apply where the period is fixed by a decree in a suit unless the decree is in the nature of a preliminary decree and the court still retains seisin over the action. The principle upon which it has been so held is that since a decree normally puts an end to a suit the p......Code of Civil Procedure against an order of rejection of an application filed by the petitioners under section 151 read with section 148 of the Code of the Civil procedure praying for vacating an order of dismissal of a suit for specific performance of contract. The petitioners f......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
......not been dispensed with. There is no language to that effect. To construe otherwise will make the effect of sub-section (2) illusory. Such an interpretation making a provision illusory is against all principles of Interpretation of Statutes. In our opinion, therefore, 'any sitting' means one......ostafa was a junior clerk in the National Bank of Pakistan, as it then was, Khulna Branch. He was appointed on 22nd July, 1965. Sometime in November, 1966, he was found to have committed certain acts for which he was first suspended and then a criminal prosecution was launched against him. This crim......vice. But the enactment does go no further. The law, therefore, does not dispense with the tender of advice itself. The advice must be tendered and taken into consideration by the Chairman before the determination of the case. Rule 34(1) merely aduberates the manner and method of obtaining the advic..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ...... this being a completed contract i.e. executed control In respect of land, the right was assignable. The decision mainly rested on section 130 of the Transfer of Properly Act. Following the principle of law laid down by the Judicial Committee, Division Bench of the Bombay High Court in the...... M. A. Rouf-For the Respondent No one -For the Deputy Registrar. Appeal from Appellate Decree No. 1188 of 1965 Judgment Ruhul Islam J.- This appeal is by a defendant in an action for specific performance of contract. Plaintiff-respondents 1 and 2 instituted the O.C. Suit No. 52/...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 158.
......ake and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as the Court thinks just. The principle underlying this rule may be applied in the instant case. In this case the description of t......as filed on 19-2-68 by M/s. Hardeo Glass, Aluminium, Enamel and Silicate Works, an enemy firm represented by East Pakistan Small Industries Corporation (hereinafter referred to as the 'EPSIC' for a decree of a sum of Taka 7, 24,559.20 on account of loan advanced and money spent on miscellane......n instituted in the name of the right plaintiff the Court may at any stage of the suit, if it is satisfied that the suit has been instituted through bona fide mistake and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or ad..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......state on the basis of the written instrument executed by the defendant No.1, although their title thereto has not yet been perfected by registration of the said instrument, are entitled to invoke the principle of section 53-A of the Transfer of Property Act, is riot sustainable in law. The learned A......tate till disposal of the suit. The plaintiffs who are the opposite parties No.1-3 in this Rule have brought a suit being Title suit No.151 of 1970 in the 2nd Court of Subordinate Judge, Sylhet for a declaration that they are seized and possessed of the property in suit which is known as Looba......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......ode of Civil Procedure is directed against an order dated 20.3.69 passed in Misc. Case No.262/66 by Mr. M Islam, Dist. Judge, Chittagong rejecting the prayer of the petitioner. Yar Ali Khan Chowdhury for examination of two witnesses namely, one Mr. Anwar Ali Chowdhury and one Mr. OR Nizam (who is si...... Judge for declaration as to whether that property (except 1/6th share thereof) was Waqf property or not, the petition for all intents and purposes should have been treated as suit for the purpose of determination of the question and the learned District Judge had no jurisdiction to debar the petiti..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ......pouses had become so highly strained that it was impossible for them any longer to live together in amity and good will. In the circumstances, it was proved that the High Court should, applying the principles laid down by this Court in the case of Khurshid Bibi vs. Mohd. Amin, (1967) 19 DLR (SC) 5...... The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any p...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......elief that the arms cannot be left in the possession of the petitioners without danger to public peace. But I have already referred to the allegations furnishing the foundation for such a belief. The principle laid down in the above Supreme Court case 13 DLR (SC) 138 is equally applicable here, so t...... proceeding under section 107 Cr.P.C. asking them to show cause why they should not be ordered to execute a bond of Rs. 1500.00 each with two local sureties of the like amount each, to maintain peace for the period of one year and (2) to issue warrants for their arrest. By the same order, the learne...... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
.... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
......d completeness of the return. Therefore, it cannot be said that the IACT has no jurisdiction to pass any order under section 120 of the Ordinance….. (14 &15)
it is a settled principle of law that the IACT may invoke his jurisdiction under section 120 of the Ordina......hellip;.Respondents
Judgment
April 5, 2015
Result:
The Rule is made absolute.
Income Tax Ordinance (XXXVI of 1984)
Section 120
IACT is empowered to call for the record of any proceeding from the DCT and examine the same under section 120 of th...... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ...... of appeal below that one witness is not sufficient to prove the bainapatro in question appears to be perverse being contrary to Section 134 of the Evidence Act and well established principles of law. Mr. Zafer Ali Khan, the learned Advocate for the defendant-opposite parties has f......the suit should not be set aside. 2. The fact of the case in short is that, the petitioner as plaintiff instituted Title Suit No. 169 of 2003 in the Court of Senior Assistant Judge, Savar, Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ..Category: Evidence Law | Date: | Hits: 6
.... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
......efusal to honour an obligation arising out of such a contract cannot be enforced in exercising the jurisdiction conferred on the predecessor of this Court by Art. 98 of the Constitution. Similar principle was recognized in the case of Mustafa Ansari Vs. Deputy Commissioner, Chittagong Hill Trac......Industrial Development Corporation, Dacca Vs. Rustum Ali (1967) 19 DLR SC 106 PLD 1966 ( SC) 848.
Lawyers Involved:
Joynal Abedin- For the petitioner
Ahmed Sobhan with Md. Fazlul Karim for the respondents Nos. 1& 4.
M. M. Hoq- For the respondents Nos. 2 & 3.
Petitio...... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
..
Category: Administrative Law | Date: | Hits: 1
....mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
...... before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice—
In accordance with the principles of natural justice, no penal action shall be taken against anyone without any prior notic......
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
S. M. Hussain J
M. R. Khan, Chairman of the Board of Governors,
Bangladesh National Society for the Blind…………Petitioner &nb......pposition was filed, but it is not quite understood why the Care-taker Body felt it necessary to came forward and support the action of the respondent No. 2.
9. The questions which arose for our determination are three in number, namely, (1) whether, if no inquiry as mentioned in subsection (1)..
Category: Constitutional Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ......father did not raise any objection before the Artha Rin Adalat regarding its lack of jurisdiction, yet, he submits, jurisdiction of a court cannot be conferred by consent of parties and, as such, the principle of estoppel, waiver & acquiescence will not apply against him in the present case. In ......jurisdiction. Since the Artha Rin Adalat in question does not have jurisdiction to entertain or to Proceed with the application filed by respondent No. 2 under Article 27, the whole proceeding before the Artha Rin Adalat namely the proceeding in Miscellaneous case and Title Execution case enter......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ..Category: Others | Date: | Hits: 3
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......int as stated by Bose in his treatise on Evidence: "no matter how unanswerably the absence of the original source is accounted for, the inferior evidence will not be received." 16. The principle was never in doubt that generally speaking the statements for declarations of parsons......udge and Ex-Officio Senior Special Judge, Jessore convicting the appellant S. M. Qamruzzaman under section 161 Penal Code and 5(2) of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for one year and also to pay a fine of Tk. 2000/-. 2. The prosecution case is that following th...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......cannot be supplied by a Court of Law, for that would be to make laws." 19. The well-known author Maxwell on the Interpretation of Statutes (Twelfth Edition) at pages I and 2, spells out the principle in this precise manner: "If the language is clear and explicit, the Court must g....................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......n a given case must depend upon the circumstances of that case and the construction of the statute under which the authority purports to act. Whether the proceedings are judicial in character, the principle of natural justice embodied in the above maxim would apply. This principle that no man ......nsed under the Trade Organization Ordinance 1961, (Ordinance No.XLV of 1961) to function as a Trade Organization of the sector printing and packaging Industry. The Chairman of the executive Committee for the year 2007-2009 made a prayer to the director, Trade Organization, Ministry of Commerce, the ......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ..Category: Business or Commercial Law | Date: | Hits: 72
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......de of Criminal Procedure is that the accused person is quiet innocent; that no firearms and cartridges was recovered from him and that he has been falsely implicated in this case. 24. The cardinal principle of criminal jurisprudence is that the accused petitioner should presumed to be innocent ......riminal Miscellaneous Case No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No......neral cited the decisions in the case of SM Kamal Vs. State reported in 6 BLC 113 and the case of Nizam Hazari Vs. State reported in 53 DLR 475 in support of her contention. 14. The only point for determination in the case is whether the learned Judge committed any abuse of process of law in conv..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......s on the ground of inclusion of indenting service in the schedule of charging VAT moved this Division for seeking that the same has been done without any objective basis and, as such, ultra vires the principle of charging tax on value addition. 7. Mr. AF Hasan Ariff, the learned Senior Advocate a......e as to why the classification/inclusion of the services rendered by the members of the petitioner No.1 under the Service Code No.S.014 purportedly in pursuance of section 3(5) of the VAT Act, 1991 for charging and realization of VAT and why the SRO No.202 dated 10-6-2010 issued by the responden...... the 2nd schedule are liable to VAT and the new sub-section 5 (Kha) to section 3 empowered the respondent No.1 Government of Bangladesh to give explanation of any taxable service for the purpose of determination of the extent of such service through gazette notifications. After promulgation of VAT..Category: Fiscal/Taxation Law | Date: | Hits: 51
.... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
......that development and protection of the environment are not enemies. If without degrading the environment by applying stringent safeguards, it is possible to carry on development activity applying the principles of sustainable development. A balance has to be struck. In such matters, many a times, th......irections should not be given upon them to initiate legal measures against such unauthorized and illegal operation of excavators by the unscrupulous traders and also to realize compensation from them for causing damages to those rivers and the people living in the surrounding areas.
2. The facts ...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
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