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.... ceased to be an employee of this company as it terminated his service by a notice dated June 22, 1971 with effect from the, date just mentioned.
7. After the emergence of Bangladesh he was freshly appointed as Administrative Manager in the Enterprise which was placed under the Corporation......1) Whether the appellant was in the service of the company or in the service of the corporation and whether he was governed by the law of Master and Servant.
(2) Whether the appellant's application under Article 102 of the Constitution was maintainable."
14. The basic questio..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ...... Khalilur Rahman—For the petitioner. Aminul Huq—For Respondent No. 2. Writ Petition No. 181 of 1978. Judgment Syed Muhammad Husain J. - This rule arising out of an application under Article 102 of the Constitution is directed against a decision of the Fi..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
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. ....... 3. As against the aforesaid final decree dated 10-7-75. the defendant No. I filed Miscellaneous Case No 76 of 1975 on 3-11-75 under Order 9 Rule 13 of the Code of Civil procedure along with an application for condonation of delay u/s 5 of the Limitation Act, which was opposed by the plaintiff..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ...... 3 with an agreement to recovery of said land. The agreement is date 26-4-63 which stipulated that the land will be reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5) of the East Bengal State Acquisition & Tenancy Act to th..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....ing made the purchase in the benami of her minor sons, and as such the sale cannot be made subject matter of pre-emption. Their further case is that the orginal holding was never auction sold nor any fresh settlement was taken by the original tenants and no fresh or separate holding was created in r......; Others…………………..Respondents Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
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 ...... Bhuiya, Advocates-For the Petitioners M. M. Huq, Assistant Attorney General-For the Respondent. Writ Petition No. 992 of 1978 Judgment S.M. Hussain J.-This Rule arising out of an application under Article 102 of the Constitution is directed against a notice No. 215/2261 DGD..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
.... filed Miscellaneous Appeal No.139 of 1974 in the court of District judge. The appeal, however, on transfer was allowed by the learned subordinate Judge who sent the case back on remand for fresh trial by the learned Munsif with a direction to decide the question as to whether applica......bdul Quayum—For the Petitioner. P.C. Guha—For the Opposite Party No.1. Civil Revision Case No.1027 of 1980. Judgment AM Mahmudur Rahman J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against the Order da..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
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. ......ed by District Judge, Dacca in Misc. Appeal No. 414 of 1979 staying the order of temporary injunction passed by the Munsif, 3rd Court, Dacca should not be set aside. 2. The rule arises out of an application under Order 39 rule 1 of the Code of Civil Procedure praying for temporary injunction up..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......d leave from this Division contending that the respondents 1-6 have no locus standi to apply for pre-emption inasmuch as their predecessor in-interest Sadat Ali Kari himself did not choose to file an application for pre-emption although he was alive till then. 4. The question raised in this app..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
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 ......in refusing to return it to the Manager. During the enquiry held by the company he denied both the charge Nonetheless, he was dismissed from service as the company found him guilty. Two separate applications under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter referred to a..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......960) 1 All E.R. 348, in Crane Vs. Morris, reported is (1955) 3 AH. E.R. 77 (Denning, L.J. now being Lord Denning, M.A.). 22. This view of exclusive possession has not been accepted as of general application by Jenkins, L.J. in Addiscombe Garden Estates Ltd. and another Vs. Crabbe & others, ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ...... thereof. The donor as abundant caution wanted to execute and register a written instrument of gift with respect to the suit property in favour of the plaintiffs and accordingly he filed an application on 2.12.68 before the Income Tax authority for Income Tax Clearance Certificate to which..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......o prove payment of only Tk. 5000/- by the plaintiff of-the consideration money. In coming to this conclusion the learned Judges have also referred to the pleadings of the parties. So apart from the application of the rule contained in section 45 of the Transfer of Property Act the learned Judges h..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......he order of removal does not refer to any such matter or it does not stigmatise the petitioner the order cannot be challenged on the ground of violation of the principles of natural justice since the application of principle of natural justice has been excluded by the statute in expressed words.
..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......n preliminary form by the trial Court and on appeal the first appellate Court dismissed the same and a second appeal was filed by some defendants and during the pendency of the second appeal, an application was filed on 24.2.73 by the appellant and others for dispensing with the service of noti..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
.... Bagerhat, submitted the charge-sheet falsely and that for ascertainment of the truth re-investigation of the case was necessary. The Home Secretary on perusal of this letter of allegation directed a fresh enquiry by an officer of the Complaint Cell of the Deputy Commissioner's office. On receip....... In that case also the police had submitted charge sheet under various sections of the Penal Code and when the case was pending before a magistrate, two of the charge-sheeted accused persons made an application to the Prime Minister of Bihar stating that they were quite innocent but wrongly implica..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......79 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercise of the power without proper application of mind cannot be sustained….. (6) Lawyers Involved: Syed Ishtiaq Ahmed..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
.... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29 ......9.4.72 he swore an affidavit before a Magistrate First Class, Dacca affirming allegiance to Bangladesh. As the situation prevailed in 1972, he was mentally upset and in consequence therefore filed an application to the International Committee of Red Cross for going to Pakistan. But he did not at all..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ...... Acquisition and Tenancy Act is a proceeding. The revisional power as conferred by, section 115 of the Civil Procedure Code may be exercised by the, High Court either on its own motion or on the application of the parties. If the High Court suo-moto calls for the record, the question of comprom..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......Appeal) Rules, 1976 in the cases of its officers and employees. This, however, has not been done by any statutory instrument or notification in the Gazette but by way of a working arrangement As such application of the Government Servants (Discipline and Appeal) Rules cannot be enforced by a Court i..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
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