Search Options
Judgment Advanced Search
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......nsel appearing for the B.T.I.M.C, the appellant canvassed that such power of transfer is implicit in the employer. As a general proposition this may be correct. But the Annexure ‘A' the appointment letter dated 1-10-74 stipulates in clause (iv) "that the employee will liable to b..Category: Employment/Service Law | Date: | Hits: 92
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... a consequence of such dispute. The company also denied the plea of his victimisation for any trade union activities; It asserted that the acts of misconduct which ended in his dismissal were independent of any trade union activities as alleged by the employee. Accordingly, there is no scop......ice before meeting a deputation of some workers who were on their way from Narayanganj; and that when the Assistant Manager refused to wait saying that the Narayanganj workers bad not made any appointment with him on that date and wanted to proceed the employee warned his driver not to move ..Category: Labour and Industrial Law | Date: | Hits: 91
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......t without cause assigned the master may dispense with the services of the servant with notice or on payment of salary in lieu of notice. The servant may equally exercise the power relinquishing his appointment on similar terms .................................. The principle that where pun..Category: Labour and Industrial Law | Date: | Hits: 107
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ......arisen in the following circumstances:— The appellant competed in the clerical services competitive examination held by the department in November, 1942, and was placed on the waiting list for appointment as a first division clerk. An offer for appointment was made to him on the 22nd Septembe..Category: Employment/Service Law | Date: | Hits: 103
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......l clear that what was decided in the said decision is that if a party to a arbitration agreement files suit and simultaneously files interlocutory application such as for interim injunction or for appointment of receiver for protection either of the property or interest of the parties, in that e..Category: Business or Commercial Law | Date: | Hits: 94
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ......or the appellant that the learned Single Judge of the High Court Division has misread the deed of Waqf and disturbed the decision of the District Judge who is the appellate authority in respect of appointment of Mutwalli of Waqf Estate. 2. The facts of the case, in short, ar..Category: Trust/Waqf Law | Date: | Hits: 209
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....i’s and Kulsuma Bibi’s being the full sisters of Ilias Miah has not been resolved by legal evidence and that the evidence of PWs 1 and 2 having not been corroborated by the evidence of independent and reliable witness the same cannot be made the basis for coming to the decision that ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
.... the parties to the conveyance and those who claim under them.” “If the deeds were challenged at the time or near the date of their execution, so that independent evidence would be available, the recitals would deserve but slight consideration, and ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....vision caused serious miscarriage of justice in affirming the conviction and sentence of the petitioner. He further submits that the High Court Division did not consider the case of the petitioner independently by assessing the evidence on record against him and that the evidence on record would......Senior Advocate, instructed by Md Nawab Ali, Advocate-on- Record—For the Petitioner Abdur Razaque Khan, Additional Attorney-General—For the Respondent (Special appointment). Criminal Petition for Leave to Appeal No. 191 of 2000. ..Category: Criminal Law | Date: | Hits: 76
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... 4. Government of Bangladesh contested the case asserting that BCS (Taxation) Recruitment Rules, 1981 provides for two-third posts of Assistant Commissioner to be filled up by direct appointment while the rest one-third post are to be filled up by promotion from Extra-Assistant Co..Category: Administrative Law | Date: | Hits: 91
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....tioners in assertion of their right to be added as parties (appellants) in the appeal were taken to be correct “then also they cannot be added as parties in the instant suit because they have independent right to call in question the legality and propriety of the decree passed in Title Suit......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ..Category: Property Law | Date: | Hits: 63
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....under Order XXXVIII rule 5 CPC. 10. Admittedly, the attachment was designed regarding the subject matter of letter of credit. The letter of credit although ancillary to an agreement is yet independent of the parent contract between the buyer and the seller. By opening the letter of cred......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....he names of the judicial officers who were earlier named by the Election Commission but instead submitted a list of others by adopting the principle of pick and choose thereby interfering with the independent choice made by the Election Commission which was flashed in the national dailies. The M...... of the Representation of the People Order 1972 has no manner of application in respect of any dispute other than pre poll irregularities and, as such, the Election Commission cannot insist in the appointment of judicial officers in the inquiry committee but in any view of the matter the judicia..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
.... contention that Clause 3(xv) of the of BRAC should be read subject to Clause 3(i) is not tenable since Clause 3 (xxiii) of the Memorandum clearly sets out that each object shall be construed as an independent clause not subject to any other clause. Dr Hossain submits that the High Court Division......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......2.1997. Thereafter the writ petitioner was appointed as temporary Nikah Registrar for 3 months with effect from April 7, 1977 after the retirement of the previous Nikah Registrar and the temporary appointment was extended till his appointment as permanent Nikah Registrar by order dated July 20, ..Category: Constitutional Law | Date: | Hits: 178
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ....... The petitioner moved the High Court Division under Article 102 of the Constitution challenging the constitutionality of section 4(2) and (3) of the Artha Rin Adalat Ain 1990 (Act IV of 1990) and appointment of Mr.Md Amirul Islam, Subordinate Judge as a Judge of the Artha Rin Adalat, 1st Court,..Category: Banking Law | Date: | Hits: 121
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....suit, being a pardanashin lady. The rule cannot be extended to any other person other than the transferor or the executants, who is herself a pardanashin lady…………..(26) In the present case independent advice was not at all necessary in the facts and circumstances of the case as because th......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... Division in Civil Revision No. 1195 of 1979. 2. Defendants are the appellants. The Divisional Tender Committee with the Additional Divisional Commissioner, as the Chairman invited tenders for appointment of the labour and transport contractor for Dewanhat and Halishahar C.S.D. for the year 1..Category: Others | Date: | Hits: 94
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......ed to work 48 hours in a week while other officials and staff of the appellants work for 44 hours in a week and, accordingly, they are entitled to get 4 hours' overtime allowance per week since their appointment. 3. The appellant contested the said case before the Labour Court and its plea inter ..Category: Labour and Industrial Law | Date: | Hits: 267
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......…….(2) Service of the respondent as chief accountant of M/S Karim Rubber Industries Ltd. has not been terminated by the company itself of which he was an employee but his termination of ad-hoc appointment as administrator by the appellant shall not render his service terminated by Karim Rubbe..Category: Employment/Service Law | Date: | Hits: 70