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State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......co‑accused Abdul Halim and Moinuddin who had not preferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......bsp; Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal Appeal No.8 of 1989]. H..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......on 10(4)(d)
In order to qualify "salary" within the meaning of Explanation‑I of section 10(4) (d) the expenditure must be incurred under any legal obligation, payment must be made in terms of the agreement, the expenditure also must not enter into the computation for pensionary or r......
Present:
AM Mahmudur Rahman J
Syed J R Mudassir Hussain J
Commissioner of Taxes, Dhaka (South) Zone, Dhaka...........................Petitioner
Vs.
Titas Gas Transmission and Distribution Co. Ltd. Dhaka.......................Respondent
Judgment
April 23, 1992.
..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ....... 900.00 only, the vendees i.e. defendant petitioner and defendant No.2 also executed a registered ekrarnama for reconveyance of the suit‑land in favour of the vendor, pro‑defendant No. 3, on the terms that if pro‑defendant No.3 would pay back the same consideration money to them (the vendees)......;………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
.... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
......nnexure I of the affidavit‑in‑opposition of the respondent No. 6). Government can grant waiver for importing any banned item required for implementing development projects. REB floated tenders in terms of agreements with foreign loan giving agencies. None except one local manufacturer can produc......ellip;……………………Petitioner
[In Writ Petition No. 2342 of 1991]
Vs.
Bangladesh represented by the Secretary, Ministry of Industries and
others…………………….Respondents [In all ..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....ette under Rule 41 of the Union Parishads (Election) Rules, 1983. The Election Commission (respondent No.1) following the said list (Annexure‑B) caused it to be published in the Bangladesh Gazette (extraordinary) (Annexure‑C, page 845) naming him as মোঃ আলী আকবর, পিতা......asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ...... Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Younus Chokdar....................................Petitioner Vs. Election Commission and others..................Respondents Judgment ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......n made without any lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the prayer of the writ petition was amended and a fresh Rule was issued on the following terms:
"Let a fresh Rule Nisi be issued calling upon the respondents to show cause why the......
M M Sahidur Rahman..............................Petitioner
Vs.
Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others..........Respondents
Judgment
February 12, 1992.
Result:
This Rule is..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ......6 rule 17 of the Code of Civil Procedure which runs thus‑ “17. The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of d......p; ..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......itioner had acquired a vested right to hold the disputed fishery in lease‑hold right for 3 years from 1398 BS "as it is a closed fishery" which cannot be defeated except for breach of the terms and conditions of the lease deed and the petitioner having not committed any breach of the sai......Co‑operative Society Ltd. represented by Majharul
Islam……………………………….Petitioner
Vs.
Bangladesh and others…………………………Respondent..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
......he Bank authority petitioner and the appointment letter dated 12.3.73 was marked Ext.1 of the Labour Court. The learned Advocate urged that appointment was made on purely temporary basis on expressed terms and conditions that he would be paid consolidated salary of Tk. 195.00 plus a sum of Tk. 20.00......
Chairman, First Labour Court & others…………………………Respondents
Judgment
January 12, 1992.
Result:
The Rule stands discharged.
Lawyers Involved:
Md. Jainul Abedin, Advocate‑For the Petitioners
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......s to make the compliance with the enactment beyond the control of the tenant. However, it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statute but once the fact is established in terms of the Ordinance, legal consequence f...... 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury & others, 33 DLR (AD) 55; Binning & Co. Bangladesh Ltd. Vs. M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain 40 DLR (AD) 109; Ramjan Ali Mistry, 31 DLR (AD) 183..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ee months but the loanees and the relevant Banks have been asked to bring down their dues to a satisfactory position within this period for being able to enjoy the banking facilities according to the terms and conditions of each case.
8. It has already been stated that the Banking Companies Act, ...... Case is also Reported in: 45 DLR (HCD) (1993) 8...
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......ut obtaining anything in writing from the defendant at the time of contract or even at the time of parting witha good portion of the consideration money particularly when the parties were not on good terms being inimically disposed to each other from before. It is also submitted that the learned Cou......rt High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......00.00 as earnest money and thereafter the petitioner paid further amount of Tk. 1000.00 later on and there was a balance of Tk. 500.00 only to be paid at the time of registration of the kabala as per terms of the contract. The said vendor having failed to execute and register the necessary Deed, the......ision
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Qazi Shafiuddin J
Rahela Khatun.....................Petitioner
Vs.
Chairman, Court of Settlement, Bangladesh Abandoned Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents
Judgment
..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....he early stage on the ground that continuation of the proceedings would be an abuse of the process of the Court. We fully agree with the view taken by the Lordships of the Judicial Committee that the extraordinary power of the Court under section 561A should be exercised very cautiously to avoid mis......es and then submits that violation of the rules has not been made punishable under section 19(a) and (f) of the Arms Act. It requires further scrutiny to determine whether the arms were registered in terms of the above rules and the petitioner is liable for the violation of the rules. As the violati......tate………………………………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......ettled that when parties to building construction or supply of goods and the like designate a person to be authorised to finally determine question relating to the execution or non‑execution as per terms of the contract and stipulated that the decision of the person shall be final and binding on b......Hoque J Coal Controller..........................Appellant Vs. Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi jud..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......loan of DM 12,84,425,26 equivalent, to Taka 15,28,466.00 and a local currency loan of Taka 3,50,000.00 sanctioned by the then Industrial Development Bank of Pakistan by letter dated 5.7.67 on certain terms and conditions. Subsequently an additional loan of Taka 3,00,000.00 was also sanctioned. The p......dul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......e company itself done through the Managing Director, the allegation of misappropriation of money of the company is absolutely baseless as well as defamatory but the respondent company is being run in terms of Articles 51 and 55 of the Articles of Association of the company. No arbitrary action was t......vil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The pra..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ......uld have to go back. If, therefore, the appropriate authorities find him unsuitable for the higher rank and then revert him back to his original lower rank; the action taken is in accordance with the terms on which the officiating post had been given. It is in no way a punishment and is not, therefo...... be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......any was liable to it for an amount of Tk. 72, 58,914.09 for which they started Miscellaneous Case No. 107 of 1979 in the Court of the District Judge Dhaka. There was, however, a compromise on certain terms and conditions and a sum of Tk. 20, 09, 69.00 had been paid by the Company in liquidation of i...... (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Agrani Bank .............................................Appellant Vs. Bangladesh Tyres Ltd and others..............Respondents Judgment August 29, 1990. Result: The appeal..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ...... not impleaded as respondent, the court could yet consider, Mr. Moinul Huq, I think again rightly submitted, whether it would exercise its power under rule 20 of Order XLL Rule 20 is in the following terms: "20. where it appears to the Court at the hearing that any person who was a part......n: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
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