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Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......The mutwalli has a right to be heard and to reply to the allegations made against him, specially when this right has been given in the proviso of the section. It has always been considered a cardinal principle of interpretation of any deed or statute that a proviso to a section will have an over‑r...... the High Court. In the present case the mutwalli is excluded by the impugned order from mutwalliship before the enquiry is completed and before he was heard on the allegations made against him. This amounts to a breach of the mandatory provision of section 32, which lays down the grounds and the pr..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......s a special penalty and is not a specific method of execution of a decree in terms of the decree. 18. I have already answered partly against these reasons. The second reason sounds good as a broad principle, but does not, as indicated by me, fit in with the provisions of the Code. The third reaso......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...Category: Procedural Law | Date: | Hits: 95
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......an employee as bonus or commission for services rendered, where such sum would not have been payable to him as profits or dividend if it had not been paid as bonus or commission: Provided that the amount of the bonus or commission is of a reasonable amount with reference to- (a) the pay of the..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... the petitioner was in the matter of prosecuting the appeal. 17. In my view in the present case question raised is really vital to parties and is also of importance because it raises a question of principle. Discretion to be used beyond the, prescribed period of limitation is well settled. It sho...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......le the suit was ready for final hearing after several adjournments plaintiff filed an application for amendment of the plaint seeking to convert the Money Suit into a Mortgage Suit and to add further amount of Taka 3,98,492 to the claim already made on the basis of 3 vouchers dated 24.3.83, 30.5.81 ..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......able. Section 95A of the State Acquisition and Tenancy Act is in Part V of the aforesaid Act and this Part V of the said Act came into operation in the District of Chittagong on 1st August, 1963, The principle of law on the effectiveness of Part V of the Act is well settled in the case of Abdul Mann......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......pay rent for ten months within the due date and became technically a defaulter aforesaid practice recognised in the agreement Ext. 'Kha’ between the parties can be taken notice of by the Court as a principle of promissory estoppel debarring landlord, plaintiff to go beyond the terms of his agreeme...... such, the defendant was not a defaulter. Further Court below also found that plaintiff failed to prove his bonafide requirement for the suit premises. 6. In the case reported in 31 DLR (AD) 55 an amount of Taka 19,200.00 was paid by the tenant to the landlord as advance to be adjusted against th..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......es of State Policy act as guide to the interpretation of the Constitution and other laws of Bangladesh in view of clause (2) of Article 8 of the Constitution which provides as follows: "8. (2) The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be appli......n Thompson (Pauper), Appellant Vs. Gold and Co. Respondent, AC 409, a case in which a workman claimed compensation from his employer under the Workman's Compensation Act, 1897, without specifying the amount claimed, it was argued before the House of Lords that the claim without specifying the amount..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......tiff-respondent that only 75,000 pieces of gunny bags were so far received by S & M.O., CSD, Halishaher, Chittagong. The plaintiff-respondent No.1 was accordingly called upon to refund the excess amount which was already paid to them. As, according to the contract, the plaintiff- respondent No.1..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......hich was relied upon by the Income Tax Officer. 12. Section 3 of the Income Tax Act provides that the total income of the assessee is liable to be taxed. Section 2(15) of the Act defines ‘total amount’ as the total amount of income, profits and gains computed in the manner laid down in the A..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......s shown to the lawyers of the parties,” and observed: "In such circumstances the Court’s order dated 6.6.1975 suffers from a palpable error mainly, an error observance of non-observance of the principle of justice. This was an error apparent on the face of the record. The learned Munsif acted......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......one a similar change. Because of the appeals pending in this Court, the subject-matter of this dispute has become sub-judice and in my humble judgment, therefore, the appeals are not taken out of the principle laid down in Dosso's case and ought to be rejected as having abated." 37. It appears t......iginally in the High Court Division such judgments must also be deemed to have abated when appeals pending therefrom before the Appellate Division are held to have abated. To hold otherwise would amount to reversing the existing process. It might be argued that the mere granting of leave to ap..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ...... “no objection to the proposed rectification under section 30(1)”. 3. The Sales Tax Officer accordingly passed a rectified order on 12-9-62 pointing out that sale of Til oil and Linseed oil amounting to Rs. 1,36,107 adopted in the corresponding income-tax assessment had escaped assessm..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......"to indulge in the luxury of pursuing the other remedy". The remedy under Order 9, rule 13 of the Code of Civil Procedure disappears only upon the disposal of the appeal and on merit when on the principle of merger the Court of first instance loses its jurisdiction to hear the Miscellaneous......7/76. A Division Bench of the High Court on consideration of some decisions discharged the Rule agreeing with the view that was expressed in 19 DLR (Dacca) 81: “The view that we have taken amounts to this, that although an application under Order 9, rule 13 is maintainable, yet when the ..Category: Procedural Law | Date: | Hits: 80
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
...... Penal Code".
7. It is to be observed that Section 304 of the Code which consists of two parts, does not create any offence but provides for the punishment of manslaughter or culpable homicide not amounting to murder. The section makes a distinction in the award of punishment. Under the first par..
Category: Criminal Law | Date: | Hits: 74
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ...... conclusive evidence of the sententia legis. They must in general take it absolutely for granted that the legislature has said what it meant, and meant what it has said. Ita scriptum est is the first principle of interpretation. Judges are not at liberty to add to or take from or modify the letter......he lease (on fresh terms, to which, the tenant expressed her willingness to continue as tenant subject to payment of 10% enhanced rent. The parties could not reach to an amicable settlement about the amount of monthly rent. After the expiry of the tenancy tenure, the tenant offered rent of January, ..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......insured, was made nominee in the policy. On 25-3-1997 Rafiqul Islam died whereupon the respondent No.1 made the insurance claim to the appellant. On inquiry, the claim was found valid. As the insured amount was not being paid by the appellant, the dispute was referred to the Controller of Insurance,..Category: Business or Commercial Law | Date: | Hits: 190
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......ul Hosein is that, not counting of votes of centres outside Dhaka at the respective centres has exacerbated the illegality of the election process from which it suffers. He submits that the universal principle is that votes should be counted at the centres where the poll takes place, unless it is ot......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......e promissor every fact and circumstance which may influence him in deciding to enter into the contract or not. 27. The same way, the insurer (promissor) has also a duty to act in good faith as the principle is stated in the case of United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428.......-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decreeing the suit with cost for Taka 28,03,624.16 together with interest on Taka 22,45,360.00 out of the decreed amount @ 15% from the date of institution of the suit till realisation. 3. On 13-06-94 the suit w..Category: Business or Commercial Law | Date: | Hits: 211
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......le to pay compensation for causing the damage. The plaintiff repaired the Tanker at a cost of Taka 66,500.00 and by its letter dated 16.3.1989 requested the defendant to make payment of the aforesaid amount. But the defendant, in spite of the receipt of the letter, did not make any payment. The plai..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
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