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James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... Ordinance were not maintainable, was justified in treating the said applications ones under section 25 of the Employment of Labour (Standing Order) Act for 1965, without coming to a finding that the mandatory requirements of the said section were complied with or not." 8. From the submiss......ations under section 34 of the Ordinance would appear to be barred. The bar comes from the definition of the word 'worker' as provided in the Ordinance as well as its object, scheme and other provisions. Two decisions which considered the definition of 'worker' and other relevant pro..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 ......36 which strongly suggest a tenancy. Further, in the plaint itself the transaction in question has been described as a lease in more than one place. The appellate Court below then noticed some of the provisions, of the agreement in question Ext. 1(c). In clause I thereof the defendants was authorise..Category: Administrative Law, Property Law | Date: 11 Dec, 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 ......d 10th April 1971, continue to be so in force with such consequential change as may be necessary on account of the creation of sovereign independent State of Bangladesh. On a perusal of the aforesaid provisions of law it would appear that the former Central and Provincial rules relating to service a..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....or collectively, by notice posted on the notice board after obtaining permission from the Labour Court."
6. The Labour Court had correctly noticed that the Company did not observe this mandatory provision of law while taking action against the respondents. The law has provided th......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.
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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. ......nsfer of Property Act being a Central law and the provision of Non-Agricultural Tenancy Act being a special law on matters of transfer of property, Non-Agricultural Tenancy Act would prevail over the provisions of Transfer of Property Act. He also held that in view of provisions of section 23 o..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. ......ion 9 of the Specific Relief Act does not specifically create any right but provides a remedy to a possessor to recover his possession, if he is wrongfully dispossessed in terms of section. These two provisions amongst others are instances of statutory provision but they are by no means exhaustive..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
......ppointed to conduct cases of the Government before Courts and represent the Government as a lawyer represents his client in a Court of law and he is not appointed in the service of Republic under the provisions of the Constitution such as Part IX Chapter 1. He has pointed out that a Law Officer is n..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
...., demoted him from the latest promotion as Assistant Manager which is free from any irregularity of mistake whatever. The impugned order reduced the petitioner in rank and as such it has violated the mandatory provision of the Corporation's Service Regulation. 4. Mr. Hasib also does not say......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......spensed with the service of notice in compliance with the first rule, the second rule follows by operation of law. It, however, appears that the learned Single Judge did not take notice of these provisions of the Code while making the order that the appeal as a whole had abated. 6. The abo..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
.... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29 ......nd is being prevented from returning to Bangladesh, such person or his dependents, shall be deemed to continue to be resident in Bangladesh.” Judging the admitted facts in the light of the provisions of President Order 149 of 1972 it is clear that the petitioner became a citizen of Bangla..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....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. ......es exceeding the ceiling as fixed by the relevant Model Tax Schedule framed under the Ordinance. The petitioner obtained the present rules for a direction upon the respondents to comply with the provisions of the relevant Model Tax Schedules framed by the Government under the Ordinance with reg..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....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. ......ther a Civil Revision case may be compromised by the parties. The matter has come to us on reference from a single judge of this Court. 2. We would at the beginning like to examine the provisions of the Civil Procedure Code relating to compromise. Order 23 Rule 3 of the Code deals wit..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....r as it was too late. Be that as it may, in a case like the petitioner's, where there are no statutory rules making examination on cross-examination of witnesses or personal hearing of an accused mandatory, but disciplinary measures against him are governed only by the principles of natural just......ral justice were not followed in that case, but in appeal the Supreme ; Court cancelled the Writ and restored the order of dismissal on finding that principles of natural justice, read along with the provisions of the Indian Constitution regarding government servants, were fully followed. The case i..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....r circumstances which the authority proposing to take into consideration when passing orders in the case were not communicated to the petitioner along with the charge framed and this has violated the mandatory requirement of Rule (5e) (i) of the Rules. It was also, submitted that the petitioner was .......
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
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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 demand for justice on 17.9.76. Thereafter the petitioner was suddenly served with an order dated 17.2.77 by respondent No.1 purporting to retire him from services with effect from 1.3.77 under the provisions of Act XII of 1947 (Annexure E)- The petitioner's further allegation was that on rece..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
.... Court, Chittagong in Other Suit No.39 of 1975 and dismissing the suit. The appellant instituted the suit for declaration of his title in the suit land and recovery of possession thereof and for mandatory injunction requiring respondent 4, Padma Petroleum formerly known as Daud Petroleum Limite......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. ..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 ......anchorage when ships are not likely to remain in a static position. More so, because the measurement is not the measurement of a package or bundles of cargoes. We, therefore, find no violation of the provisions of section 167(17) of the Act in taking the measurement of oil from the shore t..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)
....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 ......he mischief of Customs Act or any other law in force in Bangladesh. 2. Mr. Asrarul Hossain, the learned Advocate appearing for the petitioners in all the three cases has referred to the relevant provisions of the Customs Act, 1969 and the Territorial Water and Maritime Zone Act, 1974 and has co..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
.... 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.
......riminal Procedure. But the Act has provided the circumstances in which the Sessions Judge can exercise his powers under the Act: There is no provision in the Act itself nor can it be implied from the provisions thereof that the legislature intended that the powers conferred under the act and those u..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......r of government servants on employees of a statutory Corporation, cannot be violated by an executive fiat; moreover, when the Corporation has been followed these PIA. Rules treating them as statutory provisions the Corporation cannot deviate there from at Wil. Mr. Chowdhury further contends that by ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
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