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James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....the two laws, in a proper case, it would be within the jurisdiction of the Labour Court to convert an application as per requirement. It would not be correct to say that the learned Judges acted in excess of this jurisdiction in converting the application. But in the facts and circumstances of t......yment of Labour (Standing Orders) Act, 1965 (hereinafter referred to as the Act). On merit the High Court found that the Labour Court could not go behind the findings of a domestic enquiry, as its duty was only to see whether the legal requirements prescribed by section 18 of the Act were compli..Category: Labour and Industrial Law | Date: | Hits: 91
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....ules framed thereunder". Having emphasised further that the "Governor did not make the order under any other law or proceeding" the Division Bench, held that the impugned order of retirement was in excess of the authority of the Governor. It escaped the notice of the Division Bench, however, that ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....ion of the decree is asked for. We note that there is no denial that work was done by the respondent, and that it was of considerable volume and further that the contractor had been doing works in excess of these required of him. These works were completed in 1962. The contractor is entitled to ......he satisfaction of the Court. 16. The learned Attorney-General on reference to the case of Monmotha Kumar Roy Vs. Josada Lal Poddar and others reported in 28 C.W.N., 300 contended that it is the duty of the Court to consider the interest of the absent party and not to pass a decree except on ..Category: Others | Date: | Hits: 103
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....own that— "all deposits shall be subject to a first for payments to be made in Forward Settlement". By rule 16, a right is created in a member to the return of the sum in deposit in excess of the basic deposit of Rs. 2,500, and such supplement as would be required for the member's ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....ng machinery or plant is sold, transferred or compulsorily acquired, whether during the continuance of the business or after the cessation thereof, exceeds the written down value, so much of the excess as does not exceed the difference between the original cost and the written down value shall......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....sessed at Rs. 100/-per month and, therefore, taking into account the expectation of life of both the child and the parents the sum of Rs. 10,000/- awarded by the trial Court could not "be regarded as excessive." The High Court also apportioned the damages so awarded between the plaintiffs at Rs. 400......hes the prospective earning capacity of the deceased then the loss too will certainly be compensated. 33. Although no rule of mathematical calculation can be adopted in every case yet it is the duty of the plaintiff to adduce some evidence to afford the Court a reasonable basis for the ascer..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......ent the case back to the first Judge who had in the first instance refused ball. 16. We do not want to lay more stress on this point except to point out to the learned Judge the constitutional duty that any decision of the Supreme Court shall to the extent that it decides a question of law ..Category: Criminal Law | Date: | Hits: 96
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 ......onstruction has been followed for a long time an element of estoppel seems to be involved. Naturally many rights will grew up in reliance upon the interpretation placed upon a statute by those, whose duty it is to execute it. Often grave injustices would result should the courts reject the construct..Category: Employment/Service Law | Date: | Hits: 103
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....ting Department has already returned U.S. Dollar 1000.00 to the plaintiff claimant and U.S. Dollar 1740,00 to the defendants. The above money was found to be refundable to the parties as being in excess of the fees, costs and remuneration of the ICC Arbitration. 6. That since the ...... 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. ..Category: Business or Commercial Law | Date: | Hits: 94
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......ation 2(g) competent authority in relation to exercise of any power or performance of any function means the Board, the Chairman, Managing Director or any other person duly authorised to perform such duty. There is nothing in the Regulations and Rules what powers and functions may be exercised or pe..Category: Employment/Service Law | Date: | Hits: 186
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......lias Miah and he is the husband of Kulsuma Bibi. The fact of Rahima Bibi’s and Kulsuma Bibi’s being the sisters of Ilias Miah has been denied by the pre-emptees and thereupon it was the duty of the pre-emptors to establish the fact of Kulsuma’s and Rahima’s being the siste..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......) censure or reprimand; and (v) confinement to barracks for a term not exceeding 15 days with or without punishment drill, extra guard, fatigue or other duty: Provided that the punishment mentioned in sub-clause (v) ..Category: Administrative Law | Date: | Hits: 116
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......hat were the surrounding circumstances at the relevant time that forced Beloka Sundari who had limited interest in the land so transferred to go for the transfers on 23rd November, 1979. It was the duty of the defendant No. 1 to establish the fact or facts that compelled Beloka Sundari to transf..Category: Property Law | Date: | Hits: 47
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......atters of the country and in paragraph two of the writ petition it has been mentioned that the writ petitioner holds the Constitution of the Republic in high esteem and feels that it is the sacred duty of every citizen to safeguard and defend the constitution and to maintain its supremacy as the..Category: Constitutional Law | Date: | Hits: 199
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
....facturing industry, and no such worker shall receive or enjoy, and no person shall allow to such worker any wage, bonus, leave, medical allowance, house rent allowance and conveyance allowance in excess of what is so determined.” 8. By notification No. HID-37/73/950/1973 all ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
.... the allegation that he had abetted in defrauding and causing loss to the bank of an amount of Tk.58,00,698.30 by opening letters of credit in favour of two fictitious firms at 15% margin in excess of his powers and by obtaining approval of the Principal office fraudulently and on the afor......ellip;…. 20. Regarding question of punishment it appears to us that in a disciplinary proceeding even for allegation of negligence of duty prayer for reinstatement is not necessarily to be considered. In this connection the learned A..Category: Employment/Service Law | Date: | Hits: 78
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......ed and the Calcutta High Court pointed out that the Magistrate had taken cognizance of the offence. The case having been duly referred to him and he having taken cognizance of the offence, it was his duty to proceed to deal with the evidence brought before him and to see that all the persons who mig..Category: Criminal Law | Date: | Hits: 60
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......e appointing authority to decide whether a corrupt officer should be retained in service after awarding lesser punishment…………..(7) In awarding higher punishment, it cannot be argued that duty has been cast upon the appointing authority to give notice of the proposed higher punishment, u..Category: Employment/Service Law | Date: | Hits: 70
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 ......tion 2(b). Security employees of the factory filed the case for remedy as workers. The definition of worker and manufacturing process clearly reveals that unless a person is able to identify his duty as relatable to the definition, he cannot, just because he is employed in a factory, become a..Category: Labour and Industrial Law | Date: | Hits: 267
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... 200/-. (b) Religious and charitable purpose (such purpose are detailed in the deed) Rs. 3, 410/- (c) Reserve fund for any emergency expenses in connection with the Wakf properties with the excess money after meeting all expenses. Validity of the wakf has not been disputed. The deed fur......e must devote income earmarked by the donor for the purpose of the trust. The trustee has no discretion and failure on his part to carry out the direction of the donor will amount to a breach of duty and on some occasion, a breach of trust. If the Mutwalli or trustee has set apart or deemed to ..Category: Trust/Waqf Law | Date: | Hits: 239