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James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... (in C.A. Nos. 26 and 27 of 1978) Ex-parte.—Respondent No. 2 (in C.A. Nos. 46 and 47 of1978). Civil Appeal Nos. 26, 27,46 & 47 of 1978 (from the judgment and Order dated 7.1.1977 passed by the High Court of Bangladesh in Writ Petition Nos. 863 and 864 of 1974). ......diction to interfere with the findings of a domestic tribunal. 2. The High Court exercising its Writ jurisdiction in the nature of certiorari had no jurisdiction to interfere with the decision of the Labour Court, because the Labour Court acted within its jurisdiction in holdi..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....cate-on-Record—For the Appellant. B.B. Roy Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Respondents. Civil Appeal No, 167 of 1978 (From the Judgment and Order dated 24.6.1975 passed by the High Court Division in Civil Revision Case No. 91 of 1972.) Judgmen......th before the trial Court and on revision by the tenant before the High Court Division. The matter was placed before a learned Single judge of the High Court Division, who on finding some conflicting decisions on the question of default referred it to the Division Bench, which, on consideration of s..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... Abdus Sobhan, Additional Attorney General instructed by M. R. Khan, Advocate-on-Record- —For the Respondents. Civil Appeal No. 138 of 1979 (From the Judgment and Decree dated 26.11.1971 passed by the Dacca High Court in S.A. No. 1381 of 1962.) Judgment: K. ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 66
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....ed Sakhawat Ali, Advocate-on-Record—For Respondents 2 & 3. Ex parte—For Respondents 4, 5 & 7-10 Civil Appeal No. 118 of 1979. (From the Judgment and order dated 19.1.79 passed by the High Court Division in Writ Petition No. 758 of 1978). Judgment: ......ision came to the conclusion that the employees of the Bangladeshi man are employees of a statutory corporation and their appointments have been made and sanctified by necessary enactments. In that decision it was observed that it was incumbent for the Government to make rules dealing with te..Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....nts. AW Bhuiyan, Additional Attorney‑General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court Division, Sy1het Bench in Civil Revision No. 40 o......a Chakraborty, did not show that Rani Proshad ever accepted the rent from the plaintiffs. The findings of the trial Court were not reversed by the appellate Court, after giving the reasons for its decisions, as required under rule 31 (c) of Order XLI of the Code of Civil Procedure. As they have ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
..... Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 149 of ......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
.... Aftab Hossain, Advocate-on -Record-For the Respondent No. 2. Not represented -Respondent No. 1 Civil Petition for leave to appeal No. 371 of 1990 (From the Judgment and order dated 29.8.1990 passed by the High Court Division, Dhaka in Writ Petition No. 1648 of 1989). ......d brother, probably due to hurry, did not discuss very material and important questions of law and fact raised which, according to me, required to be considered and decided for coming to a proper decision. Since due to paucity of time it was not possible for me to prepare myself to deliver my ..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
.... Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondent No. 1. Not represented - Respondent No. 2. Civil Appeal No. 83 of 1989. (From the judgment and order dated 29‑5‑1986 passed by the High Court Division, Sessions Bench, Sylhet in Appeal from Appella......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
.... Ex-parte—Respondent No. 1(ii) & 2(i) Civil Appeal No. 52 of 1966. (On appeal from the judgment and order of the High Court of Judicatures, Bahawalpur State at Baghdad-ul-Jadid, dated the 9th April, 1949 in Civil Appeal No. 2 of 1947.) Judgment Hamoodur Rahman,......Council, after holding that the leave to appeal granted by the High Court without any certificate under section 596 of the Code of Civil Procedure as to the value of the subject-matter or without any decision under section 595(c) (now secÂtions 110 and 109 respectively) as to its fitÂness for appe..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....Islam, Advocate with him) instructed by A.W. Mallik, Advocate with him —For the ResponÂdent. Civil Appeal No. 15-D of 1970. (On apÂpeal from the judgment of the High Court of East Pakistan dated the 23rd January, 1968 in F.A. No. 47 of 1967.) Judgment A. M. Sayem, CJ.— This appea......id Ordinance. 14. To be brief, the learned Additional Attorney-General who appeared in support of the appeal before us contended that the DiviÂsion Bench of the High Court arrived at an erroneous decision because of a wrong approÂach to the case. He submitted that the Division Bench erred in as..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....te, instructed by Abu Backkar, Advocate-on-Record—For the ResÂpondent No. 1. Ex-parte—Respondent Nos. 2-6. Civil Appeal No. 50-D of 1968. (On appeal from the judgment of the High Court dated 1.2.1967 in F.A. No. 114 of 1966.) Judgment Mahmud Hussain J.—This appeal at the inst......e 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 payment of a reasonable amount, pending decision of the question whether the Courts should determine the amount of work actually done, and ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
....bir Chowdhury, Advocate, instructed by S.S. Huda, Attorney—For the Respondent. Civil Appeal No. 101-D of 1968. On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 17th January, 1968 in Appeal from Original Order No. 60 of 1964.) Judgment Muhamma......onsider whether clause 12(1) of the Ordinance confers a prerogative on the employer to terminate the services of an employee on giving requisite noÂtice or pay in lieu thereof and to consider if the decision in the case of Karnaphuly Paper Mills Limited Vs. Karnaphuly Paper Mills Workers' Union and..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant and others, 1973, 2 CLC (AD)
....eys— For Respondent No. 1. Ex-Parte—For Respondent No. 2. Civil Appeal No. K-16 of 1964. (On apÂpeal from the judgment and order of the High Court, West Pakistan, Karachi Bench, Karachi dated the 28th November, 1962 in Suit No. 4 of 1961.) Judgment Cornelius, CJ.—This appeal a......one no business on the Karachi Stock Exchange. 3. The learned Single Judge of the High Court made a lengthy examination of certain legal questions arising in respect of this case, not only for the decision of the case but in orÂder, as it seems, to explain certain earlier orders of the same kind..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
.... by Shafiq Ahmed, Advocate-on- Record—For the Respondent. Criminal Appeal No. K-25 of 1966. (On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 27th August, 1965, in Criminal Acquittal Appeal No. 451 of 1961.) Judgment M. R. Kh......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....ructed by Abdul Matin Khan Choudhury, Advocate-on- Record—For the Respondent. Civil Appeal No. 55-D of 1968. (On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 10th DecemÂber, 1965, in Reference Case No. 2 of 1964.) Judgment Abdus Sattar, J.â......irm is liable to pay income-tax on the difference between the price mentioned in the deed of sale and the written down value. The main ground on which the learned Judges of the High Court based their decision and upheld the contention of the Income-tax Department is that the assessee firm and the co..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... assessed the damages at Rs. 10,000/-. 10. The High Court repelled both these contentions and held that under section 1 of the Fatal Accidents Act the "earning of money by the deceased before the date of his or her death, is not the foundation of an acÂtion under the Act.............................. 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. ..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
.... Ijaz Ali, Advocate-on-Record —For Respondent No. 2. Civil Appeal No. 9 of 1971. In Petition for Special Leave to Appeal No. 226 of 1970. (On appeal from the order of the High Court of Lahore dated the 28 August, 1970, in Criminal MiscellÂaneous No. 4605 of 1970). Judgement: Muhammad......ad Khan.........................Appellant. vs. 1. Sanaullah, 2. The State........................... Respondents Judgment February 15, 1971. The Constitution of Pakistan, 1962 Any decision of the Supreme Court to the extent it decides a question of law or enunciates principle of ..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
....out an express provision to that effect in the Ordinance. 2. In pursuance to a complaint lodged by the Police under sections 12 & 14 of the OrÂdinance, the District Tribunal, Sukkur, by order dated the 8th May, 1967, restricted the movements of Pir Abdur Rahim for a period of one year to the...... to discharge the person complained against or dismiss the appeal preferred by him or to modify the order appealed against in such manner as he may think fit. Support for this view was found from the decision of this Court in Syed Sardar Shah Bokhari vs. The Chief Justice & Judges of the High Court ..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....-Record—For Respondent Nos. 1(a) to 1(c). Ex parte-Respondent Nos. 2 to 4. Civil Appeal No. 103D of 1968. (On apÂpeal from the judgment and order of the High Court of East Pakistan Dacca dated the 12th August, 1966 in Appeal from original decree No. 216 of 1959). Judgement Abdus ......der whether even if the Municipality had a first charge on the mortgaged property, the sale for its dues could be said to be free from all encumbrances and whether the High Court while reversing the decision of the trial Court did not fully consider the evidence with reÂgard to the allegation that..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
.....................Respondents Judgment July 9, 1970 Seniority in Government Service Where Service rule provides for promotion as a result of examination, seniority will be counted from the date of selection for the purpose of training and not from the date of training. The entire batch of......r on the 9th of FebruÂary, 1944. However, he failed to pass the medical test in the first instance, which was conducted by a Medical Board on the 21st of February, 1944. But in an appeal against the decision of the Medical Board, he was declared fit on the 1st of July, 1944. The department then rel..Category: Employment/Service Law | Date: | Hits: 103
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