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GM, Bangladesh Tea In­dustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......ecial leave is directed against the judgment and order of the High Court Division in Writ Petition No. 400 of 1978. 2. Respondent F. H. Chowdhury challen­ged the order of transfer of his service to M/S. United Planters and Traders Ltd. His case was that he was appointed as Assistant Ma..

Category: Employment/Service Law | Date: | Hits: 92

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......er from the table in the Manager's room and persisted in refusing to return it to the Manager. During the enquiry held by the company be denied both the charges. Nonetheless, he was dismissed from service as the company found him guilty. Two separate applications under section 34 of the Industri..

Category: Labour and Industrial Law | Date: | Hits: 91

Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......ial No. 22 and this was done in violation of the principle of natural justice and without any legal authority. The High Court Divi­sion repelled the contention on the ground lat the appellant's services were based on contract and not governed by any statutory rule and, as such, the employer ..

Category: Employment/Service Law | Date: | Hits: 94

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....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. ......nt of Mr. Naziruddin Ahmed, Deputy Magistrate and Deputy Collector now employed as Officer on Special Duty, Home De­partment In-charge of the East Pakistan, Government Press, Tejgaon, Dacca from service with effect from 1st June, 1959 for inefficiency. By order of the Governor, Sd/- M. A..

Category: Administrative Law | Date: | Hits: 106

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ...... Mills Limited whose appeal, against the award of the Chairman of the Industrial Court of the then East Pakistan in favour of Khulna News Print Employees Union decla­ring the order of termination of services of a workman—Nurul Gani—to be wrongful and unfair, was dismissed by the High Court. ..

Category: Labour and Industrial Law | Date: | Hits: 107

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ...... Secretary, EPIDC, Dacca........................Appellant. Vs. Md. Serajul Hoque.............................Respondent Judgment December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not persons in the ..

Category: Employment/Service Law | Date: | Hits: 96

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......amages for the loss of reasonable probability that the child would in future earn and contri­bute to the family. The High Court was fur­ther of the view that under the Fatal Acci­dents Act loss of service could also be a ground for granting compensation. 11. As regards the method of computati..

Category: Others | Date: | Hits: 124

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 ......ated the 20th of October, 1966, against which this appeal is directed by special leave. 2. The controversy has arisen in the fol­lowing circumstances:— The appellant competed in the clerical services competitive examination held by the department in November, 1942, and was placed on the wai..

Category: Employment/Service Law | Date: | Hits: 103

Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)

....d not take any ground regarding the failure of the appellant to implead the respondent No. 3 as a party in the Arbitration proceeding of ICC Paris. 18. Further as it appears from  the Supplementary Paper Book filed before us in  the  letter of ICC Paris dated 7.9.88 addres......g from them Tk.89,20,459.98/- as compensation stating, inter alia, that in December 1983 the appellant floated International Tender inviting offers for supplying machinery and equipments, rendering services as well as supervising the erection and installation of the machinery and equipments; the..

Category: Business or Commercial Law | Date: | Hits: 94

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

....   Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170.  ......e the High Court Division has to be admitted on record by the court of appeal below on consideration of the materials on record to decide the issue as to whether the cinema hall is to be charged as service industry prior to 1st August 1987 with liberty to parties to adduce evidence in support of..

Category: Fiscal/Taxation Law | Date: | Hits: 122

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. ......f 1974) , Section 9(2) The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 11A(2) (i) From the above regulation it appears that an employee may opt to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Similarly, Corpor..

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)

.... reported decision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ......   The Corporation failing to remove the respondent through a proceeding and thereafter failing to send him on compulsory retirement under regulation 55(2) finally terminated him from service and such termination is dismissal in the garb of termination and as such without lawful aut..

Category: Employment/Service Law | Date: | Hits: 75

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.  ......dismissed on 23rd April, 1996.   3. It may be mentioned the respondent at the relevant time i.e. when the disciplinary proceeding was initiated against him and was dismissed from service following said disciplinary proceeding, was a Sub-Inspector of Police.   ..

Category: Administrative Law | Date: | Hits: 116

Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)

...................... Respondents      Judgment   May 28, 2001.   The Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b)   Since......ause delay to the prejudice to the parties.   The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100.  ..

Category: Property Law | Date: | Hits: 46

Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)

.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97.  ......axes on 5-10-198 1. According to the Cadre Rules, an Extra-Assistant Commissioner of Taxes becomes eligible for promotion to the rank of Assistant Commissioner of Taxes on completion of 3 years of service. Respondent No. 3 completed 3 years of service on 5-10-1984 as Extra-Assistant Commissioner..

Category: Administrative Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)

....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......owing terms: “Mr Mahmudul Islam, learned Attorney-General for the petitioners in both the petitions, submits that the order dated 30-7-2000 relates to the terms and, conditions of service and in view of the provision of Article 113 (sic) of the Constitution the High Court Divis..

Category: Employment/Service Law | Date: | Hits: 57

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......nor has he any explanation as to why Exhibit 2 was issued on 18-1-1974. In my opinion, the opposite party has been in a fix which path he will tread or which course he will follow in the matter of service of notice.”   “I am in full agreement what has been submitted by the learned Cou..

Category: Tenancy Law | Date: | Hits: 76

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......t Authority (respondent No. 2) floated tender on 14-1-2000 fixing 19th June as the last date of dropping bid for supply of four units of Rail mounted Quay Gantry Cranes with necessary spare parts and service as per specification of the bidding documents. The Bidder or bidders were required to be of ..

Category: Others | Date: | Hits: 130

Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)

.... wronged.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 35.  ......000.   The Code of Civil Procedure, 1908 (V of 1908) Order XX VII rule 4   Service of summons on the Government Pleader is good service on the Government.(8)  The Limitation Act, 1908 (IX of 1908), Article 95 ..

Category: Procedural Law | Date: | Hits: 97

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)

....  The appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ......ons of this Act such profits or gains shall be computed after making the following allowances, namely—   (X) any sum paid to an employee as bonus or commission for services rendered, whether such sum would not have been payable to him as profits or dividend if..

Category: Fiscal/Taxation Law | Date: | Hits: 66