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R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
.... the Mill authorities powers to give any promotion or financial benefits to employees of the Mills and has hit the Manager's orders giving these promotions and benefits, and the other is that the Government of Bangladesh, by an order dated 27-3-72, cancelled all promotions, increments and allowa...... claim, were guaranteed to them by law. The rights are by way of "promotion and increments" allowed by the General Manager with effect from 11 74 (sic) "in recognition of their sincere services". But on a direction from the Textile Mills Corporation (briefly the Corporation) the ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
....to defendant No. 1 and the plaintiff procured the same from defendants. Nos. 2 and 3 through Moslem Ali. Defendant No. 1 got the suit land recorded in his name inspite of objection by Moslem Ali. The Government acquired some of the excess lands of defendant No. 1 including the suit land,-but defenda......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
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Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....bsp;510 of the Code of Criminal Procedure reads as follows:- “510. Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government, upon any matter or thing duly submitted to him for examination or analysis and report in......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
.... a person subject to military law to seeking any election, such as the Presidential election. But this bar is found to have been withdrawn by an amendment in Regulation No.293 (A brought about by the Government of Bangladeshby an order dated 28-4-78 (Annexure-B) published in the Bangladesh Gaze......not find any substance in this contention. Under section 176-A Government is empowered to make or amend any Regulation relating, among other things, to recruitment, discipline, terms and condition of service of members of the Army. 4. Mr. Nabi next contended that this hurried amendment is in co..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....er Mostaque Ahmed did not enter upon the office of President on 15.8.75 according to the provisions of the Constitution in the wake of an abrupt change of government J he took over full powers of the Government in a manner not contemplated in the Constitution. The source and basis of his powers and ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....of the 20th August, 1975". Mr. Huq has argued if this is the overt policy of Proclamation of Martial Law which was done by the Proclaimed on 20th August, 1975 while seizing the full power of the Government with the help and mercy of the Almighty Allah and relying upon blessings of the people th....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Amin have been impleaded as opposite parties 2 to 4 (proforma) The allegations made in the petition are that the land id question originally belonged to Roy Harendra Nath and others in khas under the Government and the petitioner Ruhul Arnin and his three other brothers took settlement of Plot No. 2......al defendant. (5) Subject to the provisions of the Indian Limitation Act, 1877, section 22, the proceedings as against any person added as defendant shall be deemed to have been only on the service of the summons.” 8. Assuming, as Mr. Shahid contends, that in the instant proceed..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......t Fees Act cannot be a rejection of the plaint but is a dismissal of the suit. Rejection of the plaint is provided for in section 6(2) of the Court Fees Act and that is at a time before the service of summons. There is a clear distinction between the wording used in the two sections 6..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......titioner, is directed against the respondents to show cause as to why the publication of the result of the examination of Master's Degree in Library Science for the year 1974 without providing in-service training for Part I of Paper 8, should not be declared to have been made without lawful auth..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......another (1974) 26 DLR 391 a Division Bench consisting of Mr. lattice Fazle Munim and myself took the view that without compliance with the provision of sub-section (3) of section MS Cr.P.C. regarding service of notice; a Magistrate is not empowered to past an order of attachment of the disputed prop..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......another (1974) 26 DLR 391 a Division Bench consisting of Mr. lattice Fazle Munim and myself took the view that without compliance with the provision of sub-section (3) of section MS Cr.P.C. regarding service of notice; a Magistrate is not empowered to past an order of attachment of the disputed prop..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ants, 3, 4 and 5 preferred an appeal, under section 19(2) of the said Act, and the land was again in their names. Ext. C is the certified copy of that judgment of the appellate officer. The Government also collected rent from the defendant No. 4 vide Ext. B Defendant's categorical stat......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......logously and are being disposed of by this judgment. Leave was granted to consider the following question: “Whether in the facts and circumstances of the case termination of the services of the petitioner, who is admittedly a permanent employee of the Bank, under Regulatio..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
..... Paul at the very outset raised a question of maintainability of this application under Article 102 of the Constitution contending-that the 'Council' is neither a department of the Government of Bangladesh nor is it a statutory corporation or a local authority and as such it is no......7 (Annexure-G) of respondent No. 3, Director, Bangladesh Council of Scientific & Industrial Research Laboratories, hereinafter referred to as, the 'Council' dismissing the petitioner from service on ground of misconduct.
2. Case of the petitioner is that he joined the service of the..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....r retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the Commissione......d only under section 8 Section 4A is quoted below: “4A 1). An appeal against an order made under section 3 shall, if presented within 30 days from the date of service of the order, lie to the Commissioner. (2) The provincial Government may, at any time, ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....ercise of the powers conferred by section 7 of the Sales Tax Act 1951 (III of 1951) and in supression of this Ministry's Notification No. 3 S.T., dated the 15th March, 1954, the Central Government is pleased to exempt from the Tax payable under the said Act, the goods specified hereund......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
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Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....it was notified in the official Gazette and petitioner entered into office by taking oath. Bat respondent No, 2 challenged the election by an election petition under section 26 of the Local Government Ordinance, 1976 taking a number of grounds one of which was that there wet a mistake in t......he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
.... 5. The Labour Court is constituted under section 35 of the Industrial Relations Ordinance, 1960. This section provides that a Labour Court shall consist of a Chairman appointed by the Government and two members to be appointed in a prescribed manner, to advise the Chairman, one to re......ications under Article 102 of the Constitution have been directed against a single order of a Labour Court, being order dated 26-8-77 of the Chairman, 1st Labour Court, Dacca reinstating in service four workers of an industrial establishment. All these rules have been heard together and ar..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....ional Engineer, Dacca to the post of Bridge Engineer. As his representation against the order of transfer was not considered he submitted his resignation on 19-2-1972 and the same was accepted by the Government on June 20, 1972 with effect from the date of his resignation. The petitioner was drawing...... on the above mentioned pay scale. He made a representation on September 1, 1972 to the Minister-in-charge of the Ministry of Communication to review the acceptance of his resignation and utilise his service as an engineer in the war-torn country, and later, on October 18, 1972, in another represent..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......rker who was earlier dismissed by his employer.
2. Mr. Shaheed Alam, the learned Advocate appearing in support of the rule has contended that the worker, respondent No. 2 had been dismissed from service by the petitioner employer by an order dated 11-3-75 and as such he ceased to be a worker wi..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
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