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Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
....the Labour Court before us contending that the order is void ab initio since one of the two members of the Labour Court was absent from all the proceedings before that Court and that the Labour Court erroneously held that Sultan Ahmed, Meser Ali and Hiran Mia were “workers" within the def......hbub Hossain, the learned Advocate appearing to oppose the rules has contended that total absence of a member from the sittings of the Labour Court did not vitiate the decision of the Labour Court in view of the provision of sub-section (7) of section 35 of the Industrial Relations Ordinan..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......ne is if necessity requires a Managing Director shall be appointed. This if necessity means that the requirement for appointment is to be discussed in the meeting itself and if the meeting was of the view that a Managing Director was to be appointed it will so appoint. We think that a notice circula..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......or determining whether an expenditure was Wholly and exclusively laid out for the purpose of the business, and for commercial expediency, reasonableness of the expenditure has to be from the point of view of the businessman and not of the revenue. It is not disputed that for the officers of the Tea ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ....... He confiscated the imported goods and directed that the same be disposed of by auction. The petitioner's revisional application before the National Board of Revenue was rejected on 11.8.75. A review application and a second revisional application met the same result. Then on 22.11.76 the petit..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......bstantive pay of Tk. 1,000/- inclusive of technical pay 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 countr..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....f both the courts below are 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) 306.
......ispute on 25.12.75 in respect of an order of transfer made on 17.3.75 in that he was released from his duties on 28.3.75 in pursuance of his order of transfer. The learned Courts below have taken the view that though respondent No.2 was released from his duties in pursuance of his order of transfer,..
Category: Labour and Industrial Law | Date: 7 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.
......ed to any industrial dispute and that such a worker cannot file an application under section 34: his remedy lies in an application under section 25 of the Standing Orders Act, 1965. In view of this decision of the Supreme Court we accept the contention of Mr. Shaheed Alam, the learned..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......abuddin Ahmed J. - This rule order Article 102 of the Constitution calls in question an order dated 18 12 76 of respondent No. 1. Registrar of Co-operative Societies, Bangladesh pasted in Review Case No. 1 of 1976 under section 135(2) of the Bangladesh Co-operative Societies Act,..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......y the petitioner. Mr. Shafiuddin has lastly contended that the petitioner's application under Article 102 of the Constitution is not maintainable since an alternative remedy by way of review before the President of Bangladesh was available to the petitioner under the Rules of 1976. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ......y the petitioner. Mr. Shafiuddin has lastly contended that the petitioner's application under Article 102 of the Constitution is not maintainable since an alternative remedy by way of review before the President of Bangladesh was available to the petitioner under the Rules of 1976. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......gnments have reached the destination, but its responsibility as a warehouse man continues until terminated in accordance with the provisions of sections 55 and 56 of the Act. This view of ours gets support from the decision in the case of The Union of India Vs West Punjab Factori..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......ed no such notification was ever issued and consequently recommendation of the Pay Commission in respect of the complainants, workers was never implemented, Further case of the management was that in view of economic hardship of their employees the management, on an advice from the Sole Administrato..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ssession simply because subsequent suit for title and possession could not have been tried by the learned Musif for want of pecuniary jurisdiction. The principle of res judicata is found to have been erroneously applied in this case. 9. B.N. Chowdhury next contended that the suit was dismissed ......ff's claim of title and possession altogether and questioned the very maintainability of the suit contending that it is barred by the principle of res judicata as well as by law of limitation. In view of these pleadings of the parties the learned Subordinate Judge decided the suit on the prelimi..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... that the sub-tenancy was not affected by the sale since neither the sob-tenancy nor the taluk above it was annulled under section 37 of the Sales Act. In appeal the High Court held that in view of the confirmation of the sale followed by writ of possession the taluk which was an "enc..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... that the sub-tenancy was not affected by the sale since neither the sob-tenancy nor the taluk above it was annulled under section 37 of the Sales Act. In appeal the High Court held that in view of the confirmation of the sale followed by writ of possession the taluk which was an "enc..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......e of the whole contents of the charter party so as to make him liable to perform them. Everybody who is acquainted with the course of business in the mercantile world will appreciate that a different view of law would be most unfair to the shipper and the consignee or the holder of the bill of ladin..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......his question came up for consideration in the case of Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. The following observations of their Lordship may usefully by quoted to indicate that the view I have taken finds support in the views expressed therein: “Thus it is the District ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ...... shifting the date of trial was allowed and 8.7.74 was fixed as the date of trial. On 8.7.74 the accused filed a petition alone with a prescription praying for a time. The learned Magistrate took the view that the accused took recourse to dilatory tactics. Hence he rejected the petition for time. &q..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......in that regard. The process of verifying antecedents of an employee cannot be called a punitive proceeding requiring the employer to give a reasonable opportunity to the employee for representing his views. But when the order of termination of service, even of a temporary employee, casts an aspersio..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......ave been interested in the properties which vested in the Custodian, Deputy Custodian or Assistant Custodian of Enemy Properly, as appointed by the Government of Pakistan or that of East Pakistan, in view of the provisions of Bangladesh (Vesting of Property and Assets) Order (President's Or..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
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