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Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ervice of its employees and that the P.I A Service Code relied upon by the petitioners got no statutory force; further contentions of the Corporation are that the petitioner's services are purely contractual in nature based upon an implied contract between them and the Corporation and that the G......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ......em. The authority that has the power to make an order has also the power to undo it. But this is subject to the exception that where the order has taken legal effect and in pursuances thereof certain rights have been created in favour of any individual, such an order cannot be withdrawn or rescinded..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ......alteration and amendment therein. Under the amended Memorandum and Articles of Association respdt. No. 1 as Managing Director would be the sole arbiter as well as the sole owner of the Company having rights to preside over all meetings of the Company. Because of this fraudulent replacement of the Or..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......stablished under the President's Order No. 27 of 1972. These respondents had filed the Industrial Dispute Cases before the Labor Court u/s 34 of the Ordinance for enforcement of certain rights which, they claim, were guaranteed to them by law. The rights are by way of "promotion a..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ...... and assumption of jurisdiction by a Tribunal which has not been vested by law for determination is illegal and anything done in illegal manner is a nullify; (3) procedural provision contained vested rights and deprivation of procedural law, namely, by way of appeal is illegal; and (4) superior Cour..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......maintainable. It is, therefore, necessary to consider what section 143A stands for. It runs as follows: “(1) Any person aggrieved by an entry or omission of entry in the recorder rights prepared or revised and finally published under Chapter IV may, notwithstanding anything cont..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......r Court to be supported on grounds other then those on which the lower Court proceeded. We are satisfied that under that rule it is not open to a respondent to have adjudicated by the appellate Court rights or causes of action which have been decided against him in the Court below and in respect of ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......her. An order passed under section 8B of the Court fees Act cannot be included into the category of a decree because of the fact that there was no adjudication and extermination of the rights of the parties and the same has not been expressly included in the category of decree as in t..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ...... “It is important to remember that mandamus is neither a writ of course nor a writ of right, but that it will be granted if the duty is in the nature of a public duty and specially affects the rights of an individual, provided there is no more appropriate remedy. This Court has always refused..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......hom a suit is now filed for recovery of a share of the crop as a bargadar, to set up the defense that he is not a bargadar but a tenant. In such a suit the presumption of correctness of the record of rights may also be invoked in aid as a circumstances supporting the defense but this will certainly ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......e defeated. When sub-Regulation (i) and (ii) are read together they clearly show that Regulation 12 deals with mere “termination of service” which cannot be termed as punishment. The rights as contained in Regulation 12 is rather mutual—while an employee has been given th..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......s of the Company. This, as Mr. Ishtiaq Ahmed has submitted, shows the extent of mala fide for which some directors have got together and formed a majority to commit fraud on the minority invading the rights of the shareholders to elect a Managing Director of their choice. We have already found that ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ...... well. I have perused the judgment of the trial court as well as of the court of appeal below. It appears that the suit was tried as a partition suit and a preliminary decree was passed declaring the rights and shares of the parties in the suit. 4. The principle guiding the abatement of an appe..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......s for all practical purposes reinstated in his service. The Government had no power to rescind or cancel the orders of respondent Nos. 4 and 6 as they had already acted upon, and in pursuance thereof rights were created in favour of the petitioner. In support of his contention he has cited Md. Shoib..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......ad filed separate applications namely the Industrial dispute cases, as referred to above before the Labour Court Chittagong under section 34 of the Ordinance claiming enforcement of certain rights which they alleged were guaranteed and secured to them in terms of an Office Memorandum dated..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......t 3rd or 4th August, 1977. Another charter party was signed between defendant No. 5 and defendant No.6 on 25.7.77. On 13.8.77 by a letter addressed to defendant No. 5, defendant No. 6 transferred its rights and liabilities under the charter party dated 25.7.11 to defendant No.7 and the ultimate cons..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......w came in to force. In Maxwell's interpretation of Statutes, 11th Edition, the principle has been stated as follows: "Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......omes into court asking that the customs shall be enforced against the defendants, although in the very inception and maintenance of his suit he is breaking the custom himself, and he mixes up his own rights as a co-sharer with those of strangers who could have no common right to pre-empt with him;&q..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2