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Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)

....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accor­dingly without any order as to costs. Ed. This Case is also Reported in: ......ted on the ground of its hiving been made without obtaining the advice from the representative of the employer in terms of rule 34 of the East Pakistan Industrial Disputes Rules, 1960 which, in their view, is a manda­tory provision as regards advice of the mem­bers. The learned Judges in tha..

Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134

Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)

....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......   Sd. Illegible, D.I.G. Prisons, Dacca Div. Central Jail. Dacca.” As, after perusing the above report, the learned Sessions Judge felt unable to do anything in view of the alleged order of detention under the Public Safety Ordinance, 1958, the petitioner moved..

Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2

Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)

....nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160   ......ons of the foregoing rules applicable to plaintiffs and defen­dants, respectively, who do not appear." 6. Mr. Fazlul Karim, learned Advocate for the purchaser petitioner submits that in view of the provision of Order 9 rule 12 C.P.C. on the failure of the pre-emptor op­posite party..

Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1

Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)

....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1.   ......d, there was not any question of obtaining any permission of the Board of Revenue before holding the auction sale as required under sub-section (3) of section 6 of the Ordinance and in that view of the matter the orders passed by the Court below are not sustainable in law. 7. Mr. A. G..

Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8

Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)

.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244   ......ided that he is a worker within the definition of "worker" as given in the Factories Act. It observed: “The definition of "worker" as given in the. Factories Act, in my view, is wide enough to include any worker, whatever duties may be assigned to him, except the clerk..

Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2

Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)

....o be given on the question of punishment is to ensure that it will be such as would be justified upon the charges established and upon the other attendant circumstances of the case. It is thus wholly erroneous to characterise the taking of action against a person found guilty of any charge at a depa......Food was asked to enquire into the matter and the enquiry officer by his report dated 5.9.67 gave the accused benefit of doubt (Annexure 'E'). The District Controller of Food took a different view and he dissented from the finding of the enquiry officer and came to the conclusion that the de..

Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1

Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)

....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......ed to bed and unable to move and that as such he could not deposit the money on the date fixed by the court. 4. The learned Munsif by his order dated 15-8-67 rejected the said application on the view that the suit having been dismissed as per order dated 19-4-67 in terms of the judgment dated 3..

Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1

National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca Vs. Third Lobour Court, Khulna, 1973, 2 CLC (HCD)

....esire, to re agitate the matter before the Labor Court. We make no order as to costs. M.N. Huda J.- I agree.  This Case is also Reported in: 27 DLR (HCD) (1975) 158.   ......olation of the mandatory provision vitiates the decision of the Labor Court. 14. Next point urged by the learned Advocate for the Bank is that the decision of the Labor Court is null and void in view of the fact that the member representing the employer was never present in any one of the sitti..

Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1

Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)

....is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163   ......an application to the Sub-Divisional Magistrate stating that not only the Arbitration Court but the Thana Magistrate too had no power to, arbitrate between him and the respondent No. 2. He was of the view that a case under Order 9, rule 13, being pending in a Civil Court, this matter cannot be ..

Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4

Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)

....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ...... It is pertinent to point out that the civil suit filed later of the criminal case had already been disposed of. So the instant Rule, we failed to discover any merit in the instant Rule. In view of foregoing narrative, the Rule is discharged. The order of stay granted earlier stands vacat..

Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3

Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)

....tract at claimed. 5. Mr. Abdul Hamid, the learned Advocate representing the appellant submits that the decision of the Courts below in allowing the decree in favour of the plaintiffs is based on erroneous construction of the recital in the deed of agreement, Exhibit 2. The learned Advocate furt...... affirmed the decision of the learned Munsif find dismissed the appeal. With inference to the recital in Exhibit 2 namely, the agreement for reconveyance the learned Subordinate Judge agreed with the view taken by the Trial Court that the right of reconveyance was not limited within the family of th..

Category: Property Law | Date: 8 Jan, 1973 | Hits: 2

Dinajpur Industries Ltd Vs. M/s. Hardeo Glass, Alu¬minium, Enamel & Sili¬cate Works, 1972, 1 CLC (HCD)

....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 158. ...... suit or other legal proceedings must be specifically conferred as it has been done in the case of Custodian or Agent of Custodian under the Enemy Property (Custodian and Registration) Order 1965. In view of the wide powers that had been conferred on the person authorized under sub-rule (1) of rule ..

Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2

Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)

....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem,   CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1   ......f the fact that some kind of misre­presentation and coercion were exercised on the defendant No. 1 in obtaining her signatures on the deed of agreement and the power of attorney and held, on that view of the matter, that the plaintiffs had failed to establish a prima facie case. The learned Subo..

Category: Property Law | Date: 5 Jul, 1972 | Hits: 0

Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 1992, 21 CLC (HCD)

....eby set aside and those of the trial Court are hereby affirmed. Send down the lower courts record immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 136.   ......n enemy property in respect of which an enemy property case was started in 1978 is not sufficient for coining to a conclusion that the property is an enemy property". I fully agree with the view of his Lordship expressed in the aforesaid decision. Since the law on Enemy Property itself die..

Category: Property Law | Date: 3 May, 1972 | Hits: 4

Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)

....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......2/66 to show that the petitioner had taken as many as 9 adjournments in the case and contended that it indicated that the petitions in question were filed for the purpose of vexation and delay and in view of the matter it cannot be said that the District Judge had no jurisdiction to pass the impugne..

Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167

Md. Ilyas Khan, Manager, Khan Bro­thers Ltd., Khulna Vs. 3rd Labor Court, Khulna, East Pakistan & another, 1972, 1 CLC (HCD)

....The Rule is accordingly, discharged. As none has appeared for the respondents, there will be no order as to costs. Ed. This Case is also Reported in: 24 DLR (1972) (HCD) 250   ...... of the workers of Messrs Khan Brothers Limited which was registered on 25,6.70. The complainant respondent No. 2 was also elected the General Secretary of this union. This Labour Court found that in view of these activities, the management could not remain happy with the complainant-respondent No. ..

Category: Employment/Service Law, Labour and Industrial Law | Date: 7 Jan, 1971 | Hits: 181

Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)

.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appel­lant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ......ssain, AIR 1945 Lah, 56 Muhammad Ali vs. Ghulam Fatima, AIR 1935 Lah. 902 and Majida Khatoon Bibi vs. Paghalu Muhammad, (1962) 14 DLR 465=PLD 1963 Dac. 583. 5. The High Court, however, took the view that even if the respondent's appeal failed, the husband would not be in a position to take the..

Category: Family Law | Date: 11 Nov, 1970 | Hits: 195

Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)

.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......ich the learned Sub-divisional Magistrate passed the impugned order alleged that earlier the petitioners before me had searched for the signatories therein in a public meeting attended by them with a view to murdering them, indisputably the meeting had passed off peacefully. 4. Having prefaced..

Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76

Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)

....eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in:  24 DLR (HCD) (1972)103 ......rved in his judgment that although these 5 witnesses claimed to be eye-witnesses of the occurrence, but, in fact, they did not see the occurrence. In our opinion, they were not eye-witnesses and this view got support from some important circumstances. PW 12 who is none else than the elder brother of..

Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50

Shah Tazul Islam Rumel (Md.) Vs. Bangladesh, Represented By the Secretary Ministry of Home Affairs, 2015, 44 CLC (HCD)

....ith the aforesaid discussions and observations, this Rule is disposed of. However, there will be no order as to cost. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 130 ......m fit and proper. 2. At the time of issuance of the Rule on 26-11-2012 this Court directed respondent No. 3, the Divisional Commissioner, Sylhet, to conduct an investigation through his Office with a view to detect those responsible for putting up such Notice/signboard and submit a report to this Co..

Category: Property Law | Date: | Hits: 0