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Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......ade absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......vides that reinstatement can be ordered in appropriate case. In a dispute where there is an allegation of theft by the petitioner against respondent No. 2 even if such allegation may not be proved in evidence there always remains an in congenial relationship between the employer and the employee it ..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ...... ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ......9; opinion death was due to shock and haemorrhage as a result of both the injuries which were ante-mortem and homicidal in nature. 7. Material facts found by the Special Martial Law Court on the evidence led by the prosecution are that the victim Saleha was married to appellant Kh. Ehteshamuddi..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....n of documents creating a complete usufructuary mortgage exceeding 15 years or usufruetuaty mortgage other than complete usufructuary mortgage was also forbidden and such documents were declared inadmissible in evidence. Thus a drastic change was made by Act IV of 1928 and a new type of mortgag......or disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......reating a complete usufructuary mortgage exceeding 15 years or usufruetuaty mortgage other than complete usufructuary mortgage was also forbidden and such documents were declared inadmissible in evidence. Thus a drastic change was made by Act IV of 1928 and a new type of mortgage being "co..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
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 ......y, whether the petitioners were the owners of the contiguous lands and whether the application was barred by limitation. On both the points the learned Munsif found, on consideration of the evidence, in favour of the pre-empjors. On the question of defect of parties the learned Munsif obse..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 (......of the judgment of the learned Subordinate Judge it appears that while he came to the finding that the land was agricultural land and not non-agricultural land he considered both documentary and oral evidences. He took into consideration C.S. Khatian, Ext.5, S.A. Khatian, Ext.6 kabala Ext.1 written ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......l. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......vent of death, but it devolves upon his legal heirs…………(5) Waiver of the right When a co-sharer is non-notified and the pre-emptee could not establish by leading evidence that he had (non notified co sharer) knowledge about the transfer, there is no scope for ra..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
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 ......n with any industrial dispute but it was a proceeding under section 50 of the l.R.O. for interpretation of a particular term of the Agreement. 42. The Labour Court after discussing the evidence on record found in both the cases that the charge of misconduct as defined in section 17 of..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......ate Court accepted the opinion of (he finger-print expert that (he defendant no. 1 put his thumb impression on Ext. 1(c). it held, however that the dependant no. 1 being illiterate and there being no evidence that the document was read over and explained to him he put his thumb impression thereon wi..Category: Administrative Law, Property Law | Date: 11 Dec, 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.
......ay by working extra day on 19.3.76 which was a holiday in the Mill.
3. The Labour Court on consideration of facts and circumstances of the case and on perusal of the pleadings of the parties and evidence on record allowed both the complaint cases and ordered reinstatement of the complainan..
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. ...... ......icate case. This suit was tried analogously along with the said Succession Certificate case. 5. The learned Subordinate Judge after framing necessary issues and on consideration of materials and evidence on record decreed the suit. On appeal the suit was remanded, mainly on the ground that the ..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. ......taining in 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..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....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
......ect say of further proceeding of the case, but when the complainant's charge-sheeted witnesses were informed about the intended inquiry and were also asked to appear before the Magistrate to give evidence in the matter then the enquiry has not remained a confidential matter. Mr. Huq has argued t..
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 ......ellip;……...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 on record- A person does not cease to be a 'worker' merely because he is emplo..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
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 ......;Tribunals exercising quasi-judicial functions are not Courts and, therefore, they are not bound to fellow the procedure prescribed for trial of edicts in Courts nor are they bound by strict rules of evidence. They can, unlike Courts, obtain all information materials without being fettered by rules ..Category: Administrative Law | Date: 3 Apr, 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
......o order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
......charge-sheet before the Commissioner, Rajshahi Division (The Inquiry Officer), wherein all the material allegations were denied by the petitioner.
5. Thereafter the Inquiry Officer stated taking evidence in the case from 16-7-76 and examined 12 witnesses in all.
6. The Inquiry Officer abso..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......huiyan son of Momtazur Rahman Bhuiyan of 195, Jamal Khan Lane, PS. Kotwali, Chittagong, with the prayer for permission for filing the documents and for appointing a Pleader Commissioner for recording evidence of the persons named therein in Calcutta, India, Chittagong and Maijdi Court in the distric..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
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 ......dvanced by Mr. Joynul Abedin has further argued firstly, that the Boat note issued under Section 76 of the Act and duly signed by a Customs Officer ought to have been accepted as conclusive evidence of the oil found and discharged; secondly, that the survey reports submitted by the petitio..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ......fore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ......is Court would be far exceeding its proper functions if it were to assume jurisdiction to enforce the performance by public bodies of all their statutory duties without requiring clear evidence that the person who sought its interference had a legal right to insist upon such performan..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
.... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......ngs of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
...... has collected materials in this case but he has opined that those materials were not reliable. He has therefore usurped the power of the Court and has given a positive opinion on the efficacy of the evidence. The I.O. has therefore gone far beyond his jurisdiction. In this case there are incriminat..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
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 ......tter. After enquiry, the Sub-Divisional Magistrate submitted his report on the basis of which a proceeding was started by the Additional District Magistrate. Both parties adduced oral and documentary evidence in support of their respective cases and the Additional District Magistrate after consideri..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
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