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James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....er from the table of the Assistant Manager and despite his asking the employee to return the Attendance Register the employee refused to return it. 38. The employee denied the charges before the Inquiry Officer in both the proceedings. His case, inter-alias was that on February, 1973 he me......o other enactments for the purpose of defining that word or discovering its proper meaning. 15. Section 25 of the Act of 1965 is as follows (1) "Any individual worker, including a person who has been dismissed, discharged, retrenched, laid-off or otherwise removed from emplo..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 ......e Easements Act is merely a competence to do something which except for this permission would be unlawful. It does not confer any rights in physical property. There is in the case of a licence only a personal agreement between the licensor and the licence whereby the licensor agrees not to interfere..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 ......,. 6) Mr. K.M. Ahmed and (Respondent No. 7) Mr. Sadat Hossain, The respondent Nos. 6 and 7 of Writ petition No. 528 of 1979 and respondent Nos. 3 and 4 Writ petition No. 527 of 1979 are the same persons. 11. It was further stated that Mr. Mohammad Faizullah's promotion to senior s..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
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. ......sputed, that the consideration money was Tk. 30,000/- and it was paid on two occasions by instalment of TK. 15,000/- and on the earlier occasion Tk. 15,000/- was paid through defendant 1. The three persons, the plaintiff and the two defendants got a joint decree on a single contract which was si..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within the meaning of the Presidents Order No. 16 of 1972 means-
any property owned by any person who is not present in Bangladesh or whose whereabouts are not known or who has ceased to occu..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....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
......im by the President's Order No. 6 of 1972, removed him from service without assigning any reason as the said Order specifically provides for such removal. The petitioner claims that he is "a person in the service of the Republic", entitled to protection of Article 135 of the ..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
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. ...... of Order 22 says: "Provided always that where an Appellate Court has made an Order dispensing with service of notice of………appeal upon legal representatives of any person deceased under Order XLI, Rule 14(3), the appeal shall not be deemed to abate as against such..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....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
......dul Quayyum Thakur, Magistrate 1st Class, Bagerhat announcing that a parallel enquiry would be held in Bagerhat P S. Case No. 2 of 1977 in which the police already submitted a charge sheet against 22 persons including one Hashan Mir (Respondent No. 6) under section 302 and other section of..
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 ......ner 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 on record- A pers..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
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 ...... 15th December, 1972. Article 2 of this order which is relevant for this purpose reads as: “2. Notwithstanding anything contained in any other law, on the commencement on this order, every person shall be deemed to be a citizen of Bangladesh. (i) Who or whose father or grand-father w..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
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 ......er of removal of the petitioner taking the ground that he petitioner was not given any opportunity to cross-examine the witnesses examined against him in his absence and that he was also not heard in person. Mr. H.K. Abdul Hye, the learned Advocate appearing for the respondent Corporation has, on th..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....s to misconduct and corruption as defined in rule 2(b) and (c) of the Cadet College Employees Service (Efficiency and Discipline) Rules, 1967.
4. The petitioner was directed to appear before the Inquiry Officer, Commissioner, Rajshahi Division, Rajshahi and he was asked to show cause and to int......in the year 1967, thereafter he was appointed as Principal of the said College on 1-1-70 and he was duly confirmed in the post of Principal of Rajshahi Cadet College on 22-2-1971. The petitioner is a person in the service of Bangladesh.
3. On 22-3-76 he was placed under suspension on charges of..
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. ......mtazur 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 district of Noakhali. H..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 ......Adjudication of confiscations and penalties In every case, except the cases mentioned in Section 167, Nos. 16, 72, 74, 75 and 76 in which under this Act anything is liable to confiscation or any person is liable to penalty such confiscation or penalty may be adjudged- (a) .... .... .... ..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 ......ends to show that fishing by a citizen of any other country is not permissible in the economic ZOQC But this section does not provide for punishment for catching fish in the economic zone by any such person. Section 9 however, empowers the Government to make Rules for carrying out the purp..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
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 ......ply for settlement and it is the statutory duty of the Respondents to deal with this matter in accordance with rules and memorandums is not tenable. It is well settled that in order to entitle a person to ask for the performance of any public duty by mandamus it is necessary to show that he has..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.
...... of section 173 Cr.P.C. and so it is within the competence of the Tribunal to take cognizance on the basis of that report.
Sd/- S.k. Ali
Spl. Tri No.1”
The four accused persons filed a petition before the learned Special Tribunal No. 3 who on 27-7-77 passed the followi..
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 ......gment 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 1968 Judgment&n..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ......r in the Government Servants (Efficiency and Discipline) Rules, 1960. It is true that an alternative remedy was available but it was not availed of. Ordinarily writ jurisdiction is not available to a person who does not seek alternative remedy provided by law but this provision may be waived if an i..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
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. ......s has been questioned mainly on the ground of malafides and violation of the principles of natural justice ; in addition efforts have been made, rather half hardly, to show that these petitioners are persons in the service of the Republic entitled to protection of Article 135 of the Consti..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
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