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Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)

....our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs.  Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462   ......nt of Labour (Standing Orders) Act claiming subsistence allowance and the Labour Court granted it 8. Section 18(2) of the Employment of Labour (Standing Orders) Act is in the following terms : “A, 'worker charged for misconduct may be suspended pending inquiry into the ...... Vs. Chairman, 2nd Laour Courts & Another……………….Respondent  Judgment January 12, 1981 Result: The appeal is allowed. Terms and conditions of the employees of Dacca Improvement Trust are regulated by Town Improvement Act and..

Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140   ......untries. 12. The learned Judges of the High Court Division, after hearing the parties, discharged the Rule on July 29, 1980. It was held, inter alia, that (i) the Act had apparently been made in terms of paragraph 10(2)(b) of the Fourth Schedule of the Constitution and in view of Article 150 of......SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; East and West Steamship Vs. Pakistan, PLD 1958 SC 41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfiel..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)

....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131   ...... application under S.144; its "restitution" is cov­ered by "execution" then the definition of 'decree' would have covered both execution and restitution and these, two terms would not have been specifically mentioned therein. Similarly, if restitution is covered by ex......he recov­ery of the fruit of a decree passed earlier but subsequently reversed. Application for restitution is an application for which no limitation has been specifically provided for in the law and as such it attracts the residuary provision of Art. 181. A restitution application is not an app..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ......mployees who are non-governmental and non-private at the same time, though serving under public statutory authorities that suffer from lack of specific statu­tory protections with regard to their terms and conditions of service under any such non-gov­ernmental but non-private public statutor......ory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of the Constitution are read and considered toge..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....tion for collateral purpose cannot be sustained If the lessee was prepared to increase rent, the matter could be settled by negotiation with the lessors. The lessee chose to take recourse to the extraordinary power of the government to requisition the property. We are constrained to take the vi......ants did not accede to this request and raised objection and also demanded enhance­ment of rent keeping in view the prevailing rate. The lessors also informed the lessee in writing whether as per terms of the agreement the lessee was willing to renew the lease agreement at a higher rate of rent....... Ruhul Islam J Badrul Harder Chowdhury J Mansurul Aziz & Another………………………Appellants Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others……………&hellip..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)

....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ...... think it is a fit case for restraining the opposite parties from interfering with the petitioners posses­sion." 7. After making this finding the injunction was granted in the following terms: "The opposite parties are restrained by an order of temporary injunction from inter......, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask fo..

Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

.... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ......In such circumstances it be­comes absolutely clear that the Little Flower School does not conform with the Regulations either of the Government or of the Secondary Education Board as such both in terms of the tution fees of the school and in terms of the composition of the Managing Committee of ......udgment Syed Muhammad Hussain J. - This rule arising out of an application under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commiss­ioner, Land Acqusition, Dacca on 19-7-77 requisitioning the premise at 85 Kakrail, Dacca for the acconmodati..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)

....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ......t filed a petition before the learned Magistrate stating that they had compromised the dispute. But the first party Abdus Salam filed an application stating that second party was not carrying out the terms of compromise on which the learned Magistrate asked the Jury to go to the locality and to repo...... Musabbir Ali & others…………opposite parties Judgment September 4, 1980 Result: The reference is accepted. Case Referred to- Muhadeo Lal and another Vs. Hossaini Pandy and others ; Upendra Nath Bhattacharjee Vs. Khitish Cha­ndra Bhat..

Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1

Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....rney in the manner indicated above and in accor­dance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ......e a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires registration under the law.  This is not legally tenable as a power of attorney executed in terms of Registration Act or under other provisions of law which confers s valid power on the attorn......ent for the principal does not require registration except that its authentica­tion under the law is necessary …………… (5) Whether Power of attorney executed and authen­ticated by a Magistrate or Notary Public in a foreign country could be acted upon as ..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....Vs.Mozammel Huq (I). In this decision we may profitably quote the following observations of their Lordships;- "The power which has been conferred on the Court under the said provision is an extraordinary power whereby a party in the suit may be prevented from use and enjoy­ment of his ......der of conditional attachment of the said properties for the ends of justice." 3. On this application the learned Sub­ordinate Judge passed the order No.2 dated 19-5-80 in the following terms: "Plff. files petition u/s 38 rule 5 C.P.C. supported by an affidavit and prays to d...... Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah Abu Nayeem, Advocates-For the petitioner. S.R. Pal with Anil Chandra Sarker and S.R. K..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)

....ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ndant Nos. 3-5 in their respective written statements, the plaintiff should be allowed to amend the plaint by adding a new paragraph as paragraph 9(1) after paragraph 9 of the plaint in the following terms— "That the added defendant Nos.3-5 are not bona fide purchasers for value with......ellip;………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur..

Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1

Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)

....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ...... election. With regard to the bar of the suit under section 26 of the Ordinance, he has submitted that the plaintiff's reliefs being what they are it could not be said that the suit was barred in terms of the aforesaid section. 13. Lastly, he has submitted that the plaintiff has made allega......tuted the aforesaid suit for a decree: (a) declaring that the plaintiff is the legally elected Chairman of No.1, Bangora West Union Parishad on the basis of the Chairman election held on 15.1.84 and the defendant No.1 is bound to publish the result in the official Gazette; (b) restraining..

Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1

Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)

....he appeal, set aside the order of the High Court Divi­sion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in:   ......strict Judge allowed the appeal and restored the execution case. On Second Miscellaneous Appeal the learned Single Judge took the view that the order passed on 11 3-70 by the Munsif was OQ absolute terms which fixed 24-3-70 as the date of deposit, failing which the suit stood dismissed, and the C......Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ah­med J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: The appe..

Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221

M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

..... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1   ......ed in ope­ration by the Ordinance. Due to currency of Emergency till 16-2-69 the definition gi­ven to 'enemy', 'enemy subject' and 'enemy property are to be interpreted in terms of the state of affairs as existed till 16-2-69. The meaning of the definition in those clau&s...... also Reported in: 1 BLD (AD) (1981) 1   ..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 61 ......rement) Act, 1974 and Services (Re-organisation and Condition) Act, 1975. 10. As regards the status of the enterprise, it was claimed that it became a public enterprise within the meaning of the terms as provided in the Comptroller and Auditor-General (Addi­tional Functions) Amendment Act, ......In C.A. 169 of 1979.) M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appell­ant (In C.A. 65 of 1980.) Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & ..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)

.... sub­mission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution with­out any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......parties under former Section 115 of the Code of Civil Pro­cedure, but it has been observed in the case of Fazlur Rahman Vs. Rajab Ali, (5). "Although Section 115 of the Code does not in terms prescribe specifically the service of any notice upon the parties concerned, the practice of i......the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed between the last occasion when the Court had dealt with the proceedings and the submission of the report, it is only fit and proper, and, indeed there is a practice, that t..

Category: Property Law | Date: 28 Apr, 1980 | Hits: 3

Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)

....This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78     ......irectorate General of Def­ence Purchase being respondent No.2 here in are concerned it is a pure contractual one based upon voluntary agreement of the parties con­cerned to be governed by the terms and condi­tions of such contract and agreement. In the event of any breach of contract or ...... March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Broth­ers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed ..

Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2

P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)

.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19.   ...... Payment of rent in lump does not help the tenant from the mischief of default- A tenant by making payment of rent in lump shall ordinarily be treated as a defaulter in the payment of rent in terms of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a con......ump does not help the tenant from the mischief of default- A tenant by making payment of rent in lump shall ordinarily be treated as a defaulter in the payment of rent in terms of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary o..

Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2

Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)

....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93.   ...... District Judge ought to have affirmed the ad-interim order of injunction granted by the learned Munsif as the damage to be caused can­not be compensated by money nor it can be cal­culated in terms of money. He has relied on 3 decisions, namely, PLD 1960 Dacca 153, AIR 1936 Patna 456 and AIR...... others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & others Vs. Mizanur Rahman & others, 29 DLR ($C) 82,; S.N. Gupta & Co. Vs. Sadaananda Ghoss & oth­ers, PLD 1960 Dacca 153. Lawyers Involved: Amirul Islam with Abdu..

Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

.... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ......ployed in any shop, commer­cial jestablishment or industrial establish­ment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include any such person— (i) Wh......lay & Co. Ltd. & Another……..……………………Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred t..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3