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Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....nt Trust is not a commercial or indurstrial establishment and its employees are not workers within the meanting of Employment of Labour (Standing Orders) Act, 1965 - Such employees connot enforce the provision of s. 18 of that Act relating to subsistence allowance pending inquiry into misconduct in ......on is taken by the Second Parties within 60 days the First Party is entitled to get full salary. That the Second Parties have kept the First Party under suspension most illegally and without any lawful authority.” 7. He further prayed for a direction on the second party to pay subsis..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... had apparently been made in terms of paragraph 10(2)(b) of the Fourth Schedule of the Constitution and in view of Article 150 of the Constitution the Act was to have effect notwithstanding any other provision of the Constitution Including Part III of the Constitution; (ii) Section 9(2) of the Act w......t Petition 489 of 1980 Judgment K. Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the Impugned order declared to have been made without lawful authority, and agree with the reasons given by my learned Brother Munim, J. in his well reaso..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....ree passed earlier but subsequently reversed. Application for restitution is an application for which no limitation has been specifically provided for in the law and as such it attracts the residuary provision of Art. 181. A restitution application is not an application for execution of a decre......is the recovery of the fruit of a decree passed earlier but subsequently reversed. Application for restitution is an application for which no limitation has been specifically provided for in the law and as such it attracts the residuary provision of Art. 181. A restitution application is not an..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ...... can be, enquired incidentally. He, however, says, when the defendants raised the question of title, the plaint ought to have been returned for filing in a proper Court. As a proposition of law, the submission of Mr. Pal is sound, but from the findings of the two Courts below, we find it d..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....nvert an acquittal into conviction. Unless the power of conversion of acquittal into conviction is specifically provided in a statute such power cannot be read into it and exercised. Before the provision for review was brought into this statute by amendment there was provision for appeal again......) it is found that at the relevant time the Government had jurisdiction to review the proceedings of the case against the respondents and the High Court Division failed to notice this vital change of law. 4. But the fundamental question is, whether the Government's power of review under Reg..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ive punishments relevant for the internal organisation of such statutory corporation. That is why P.O. 27 of 1972 has provided for framing of Rules and Regulations in order to give effect to the provisions of the said Presidential Order. Article 24 of the President's Order 27 of 1972 provid...... 1980 Result: The Rule is made absolute. An employee of a statutory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....ns for trial. Thereafter, the petitioners have moved this Court and obtained the present Rule. 4. Mr. Abdul Malek, learned Advocate appearing for the petitioner has submitted that in view of the provision of the proviso to sub section (I) of section (4) of the Law Reforms Ordinance an enquiry u......sued process against the petitioners under sections 302/34/109 of the Penal Code. Eventually Mr. A.Z.M. Shafiqul Islam, Magistrate, 1st Class, took up the case to proceed in accordance with law, On 29-6-79 the Opposite Party No. 2 filed a petition before the learned Magistrate for sending ..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......-fixation of ren. Such action of the government in. requisitioning a private property under s.3 of the Act cannot be sustained.
Arbitrary exercise of power is itself mala fide, that is malice in law………………..(6-9)
Lawyers Involved:
Shaukat Ali K..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....chools were entitled to realise tuition fees @ Tk. 51- only per month and for classes IX and X @ Tk. 10% only per month. So far as the composition of the school is concerned it was all along been the provision made by the Board of Secondary Education by way of a Regulation that non-Government privat...... In such circumstances public purpose and public interest was interpreted by superior Courts in the context of the statute itself. With the introduction of a Constitution as the fundamental law of the land incorporating fundamental principles of State Policy, the term public purpose and pu..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)
....I am of the opinion that the learned Munsif has acted illegally and with material irregularity in the exercise of his jurisdiction in setting aside the decree in effect in the entirety applying the provision of P.O. 12/72 and restoring the, suit. The order dated 17.3.73 made by the learned Munsi......of P.O 12 of 1972. I see substance in the contention of the learned Advocate. Article 3, which is relevant, of P.O 12/72 is quoted below:- "3. Notwithstanding any thing contained in any other law for the time being in force, all Judgments, decrees or orders passed ex parte by any Court or tr..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)
....gree that the Jury was illegally constituted. It was not constituted in accordance with the provition of Clause (a) of subsection 1 of section 138 of the Code of Criminal Procedure. According to that provision the Magistrate himself was to appoint foreman and 2 members of the Jury on his own nominat......Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60 ..Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....or sale of immovable property that power of attorney requires registration under the law. This is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisions of law which confers s valid power on the attorney to act as an agent for the principal d......hellip;… Respondents Judgment August 27, 1980 Result: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of t..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ......red for the Opposite Party No. 1. 7. Mr. Chowdhury contends that the Courts below have failed to consider material evidence on record and to exercise the jurisdiction vested in them by law resulting in an erroneous finding of facts and a serious miscarriage of justice and th..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....of as to why they shall not be asked to furnish security to the extent of the claimed amount. In the meantime the property mentioned in sub-paras (ii) and (iii) of para 4 in the petition be provisionally attached subject to furnishing security. Urgent requisites at once." De...... and practice for documentary credits. We refreshed our ideas as to how commercial letters of credits are dealt with in international trade and commerce from the treatise of A.G Davis, "'The law relating to Commercial Letters of Credit." We have also considered the relevant provis..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....on 115(1) and 115(2) is concurrent and the litigant is at liberty to choose the forum. Mr. Rafiqul Huq, the learned Advocate for the petitioners, contends that section 115(1) and (2) are two distinct provisions and are to be read along with other provision of the Code of Civil Procedure and the Bang......ecord of any case which has been decided by any Court sub-ordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law apparent on the face of the record in the decision, the High Court Division may make such order ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ...... illegally in Ward No.2 on 14.1.84 without any approval of the Election Commission and thereby contravened rule 29(2) (b) of the Rules. The election held on 14.1.84 was no election in the eye of law and, as such, (he plaintiff did not acquire any interest or legal character or status to obtain ..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)
....ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....t being so the learned Single Judge acted in excess of his jurisdiction in extending time for filing a security bond, and then accepting it beyond the time. The learned Advocate submitted that if the provision of section 17(1) is strictly complied with, the application for setting aside th......High Court by his judgment dated June 10, 1977 set aside the order of the S.C.C. Judge and directed the trial Court to accept the security bond and to proceed with the Miscellaneous Case according to law. 4. It has been argued by the learned Advocate appearing for the appellant that the require..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....e-cutability of the decree. In so doing, the Court is to follow the principles set out above. It may further be observed; that absence of jurisdiction is to be held keeping in view all the relevant provisions of the Code of Civil Procedure or other relevant laws. 6. Turning to the facts of...... Appeal No.25 of 1980. (From the Judgment and Order dated 8-8-79 passed by the High Court Division is S. M. A. No. 28 of 1975). Judgment Kemaluddin Hossain CJ.- The question of law involved in this appeal is whether the learned Single Judge of the High Court Division corr..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......e Judge of the High Court held that the issues were of fact and therefore concluded by the findings of the Court of appeal below. The second appeal and dismissed. 7. So far as the proposition of law goes, it is now well settled, that in a case where the question is between two or more brothers ..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
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