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Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......e Government is capable of sustaining the said order. 29. Upon a close scrutiny of the matter it is found that the alleged absence of prior approval of the Government cannot be pressed into service for invalidating the order of settlement. The Government itself does not say, it is pertine..Category: Property Law | Date: | Hits: 36
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......lly expressed the view that the Corporation got powers not only to transfer an employee of one Jute Mills to another Jute Mills, both being placed under it, but also got powers to terminate the services of any employee of the Mills placed under it under P.O. 27 of 1972. The learned Counsel a..Category: Employment/Service Law | Date: | Hits: 143
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272...... as tenants under the plaintiff’s in respect of the premises and entitling the respondents getting eviction of the appellants on ground of default and necessity, is confirmed. The contention of non-service of notice under section 106, T.P. ACT is beyond the pleadings and amount to making out a new..Category: Tenancy Law | Date: | Hits: 106
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....whole matter is reopened for fresh hearing and as such this Court should take into consideration the subsequent events, facts and alteration of law, he has further argued. The appellants then filed Supplementary- Affidavits taking the ground that their appeals should be disposed of under the Rul......fficer of the Corporation, who submitted his report on 11 October 1984. On consideration of the report the Corporation passed the impugned order, dated 4 April 1985, provisionally removing him from service and asking him to show cause why the provisional removal should not be confirmed. He did not..Category: Employment/Service Law | Date: | Hits: 112
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......of the respondent in presence of witnesses and there-after he submitted his report with a declaration that he had served the notice upon the defendant. The learned Subordinate Judge on perusal of the service return, along with the declaration of the process-server, recorded a finding that he was sat..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......otice was served upon the Chairman to show cause why it will not be superseded and since the Chairman is the executive head that was sufficient compliance of the principle of natural justice. Non-service of notice of enquiry could not vitiate proceeding nor will it have any legal effect on the..Category: Election Law | Date: | Hits: 118
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......auses Act this power cannot be exercised once it has taken legal effect and certain rights created in favour of an individual. In that case respondent Farukhi was given an assurance in respect of the service matter but that assurance was not honoured by the Minister. It was, however, accepted by the..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......ble and his grievance lying in a separate forum, the Labour Court………………..(7) (ii) The respondent was appointed by the Dosta Textile Mills as an employee in 1961 and he continued in the service of the Mills even after its nationalisation and placement under the Corporation. He has been..Category: Labour and Industrial Law | Date: | Hits: 122
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......itted in person that he was unable to engage a Counsel be-cause of his poverty. He is a rickshawala but he prayed for justice. Mr. Abdul Malek a Senior Advocate voluntarily offered his service to appear and conduct the case on behalf of the appellant and also as amicus curiae. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......3. In pursuance of the provisions of section 30 of the Bangladesh Biman Corporation Ordinance, 1977 the appellant Corporation framed Regulation on 20th December 1979 for the purpose of regulating the services of Biman employees All previous rules and regulations were superceded by these Service Regu..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......e accused to the deceased from whom she had borrowed money at different times in small amounts totalling Rs. 3000/- on promise to repay with interest; (iii) the deceased was a peon in the service of the Dewan of Pithapur about 20 years ago and the wife of the accused was the Dewani's dau..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......the Court that any person who desires to be heard is a proper person he may be heard irrespective of whether he has been served with a notice or not. Rule 9 provides that the Court may order service of notice of the writ petition upon a person who, in its opinion, ought to have been served..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......mers include, among others, Banga Bhaban. Bangladesh Biman, Defence Intelligence Directorate, Power Development Board, T & T Board and UNDO Dhaka. The company by rendering meritorious service to the customers already acquired considerable reputation in the field of computer busines..Category: Intellectual Property Law | Date: | Hits: 239
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......t is now contended that the learned Single Judge exceeded his revisional jurisdiction in reversing the concurrent finding of the Courts below that the mutation orders were not binding for non-service of notice and other irregularities on their vendors-predecessors. It is further conten..Category: Property Law | Date: | Hits: 43
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ...... Income Tax Tribunal on Clause 5 of the agreement which reads as under :— "The Secretaries shall be entitled to receive from the company as remuneration for their services as secretaries and treasurers a commission at the rate of 10% on the net profits of the ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......75) 2 Ind. App. 145 (PC) it is held that notwithstanding that property devoted to religious purposes is, as a rule, inalienable, it is competent for a sebait to incur debts and borrow money for the service of the idol and preservation of its property, to the extent to which there is an existing ..Category: Property Law | Date: | Hits: 36
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