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Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) Section 160 Unless a question of law arises out of the order of the Taxes Appellate Tribunal, this High Court Division has no power to decide the same. But whether a question of law formulated arises out of the order of the tr......acated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......re the Tribunal and it did not decide the same. 12. Therefore, in view of the aforesaid discussion, we answer the questions 1 and 2 in the affirmative and against the assessee. The order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective co..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......d were under transit to the District Jail while the latter (Bahadur Khan) was rearrested, the former is to this day a fugitive from law. Before their abscondence Gul Hassan and Bahadur had executed a power of attorney.................to file an appeal on their behalf in the High Court. At the hearin...............................Appellant Vs. Abdul Khaleque........................Respondent Judgment November 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC)......oncluded by the decision in Chan Shah Vs. The Crown, PLD 1956 (FC) 43 = (1956) 8 DLR (FC) 24...............Gul Hassan being a fugitive from law and a contemner was not entitled to a hearing and leave granted to him on limited questions of law was liable to be rescinded. As to the proceeding under se..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......992. Result: Writ Petition No. 1661 of 1989 is made absolute Writ Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 1992 stands discharged. While the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act suc...... Result: Writ Petition No. 1661 of 1989 is made absolute Writ Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 1992 stands discharged. While the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act such powe......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ......p;………………Respondents Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powers given to an executive authority under the provision of a law ne......ip;……………………………Respondents Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powers given to an executive ...... at any point of time except on visit and professional or official assignment. 6. In order to explain the allegation made in the ground relating to nonpayment of dues of the overdraft facilities granted by Al‑Baraka Bank it has been stated by the petitioner that the petitioner obtained a decl..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......p; August 3, 1992 Result: The Rule is made absolute. Issue framed or decided on Merit Since an issue was framed by the Court and judgment declared it ought to have decided the issue on merit and not dismissed it for non‑prosecution. The court could eithe......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......
5. On review the Chief Martial Law Administrator may set aside, vary or modify any order, judgment or sentence or make order for retrial but cannot convert an acquittal into conviction as no such power has been specifically provided for. In a similar case reported in 43 DLR (AD) 104 (Bangladesh ......er
Vs.
Government of the People's Republic of Bangladesh and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Vs. Mohammad Ali and others, 43 DLR (AD) 104
Lawyers Involved:
MM Hyde......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......plaintiffs and fixed the suit for peremptory hearing. It is against this order that the defendants have obtained the instant Rule. 3. It is admitted on both sides that the original court has SCC powers but that the learned Additional Assistant Judge has no power to try SCC suits. Repeating the ...... Judgment July 26, 1992 Result: The Rule is discharged. Mistake in registering the suit could not alter nature and character of a suit The amendment is prayed for merely to rectify the mistake by registering the suit in its proper file. It does not result in change of t......sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ...... further submitted that the complicity of the detenu in the criminal case is not established because the detenu is a mere Director of the said non‑commercial organisation and has no decision making power and in fact it is never the allegation that he by any overt act had committed any offence puni......M Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- Borjahan Vs. State of West Bengal, AIR 1972 (SC) at page 2256; AIR SC 207; AIR 1974 SC 2154......money which the detenu grabbed along with other Directors of BCI Ltd. and the detenu by violating the Banking law committed fraud upon the depositors, making irregularities in the banking deposit and grant of loan in an illegal way, there is every apprehension of his going out of the country. If he ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
...... prejudiced any representation, promise or expectation what is done by the lessor in the instant case, namely the Directorate of Housing and Settlement, had been done with lawful authority having all powers to change or modify the master plan in public necessity and public interest, providing reside......Ministry of Works and others……………………..Respondent
Judgment
July 7, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225
Lawyers Involved:
Md...... main entrance of the house and also obstructing the light and air of the petitioner's house, and it is prayed that the respondents be restrained by an order of injunction by this court which was granted at the time of the issuance of the Rule.
5. We have heard the learned Advocate Mr. Md. ..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
....of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
...... 1908 is as follows :
"69.(1) The Inspector‑General shall exercise a general superintendence over all the registration offices in the territories under the Government, and shall have power from time to time to make rules consistent with this Act.
(a) Providing for the safe cust......p;……………………………..Respondents
Judgment
June 30, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Bangladesh Steamer Agents Association Vs. Bangladesh and others 33 DLR (AD) 177; 1968 SCMR ......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......o meet the needs of the civilian population. Under section 7 of the said Ordnance Factories Board Ordinance, 1961 the Board may in relation to such factory, officer or employee exercise the following powers of the Central Government or of any officer authorised for the purpose by the Central Governm....../89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. Result: The Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are ci......her employees wherever necessary either initially or otherwise at any stage within the pay scales prescribed by the Central Government; (f) to utilise or incur expenditure in respect of lump sum grant allocated for the purpose in the Budget; and (g) subject to any direction issued in this ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......y the Additional Deputy Commissioner (Rev) Sylhet. 4. We have very carefully and patiently considered all the arguments of the learned advocate but we find no substance in those. We exercise the power under original jurisdiction, namely under Article 102 of the Constitution of the People's ...........Respondents Judgment May 25, 1992. Result: The application is rejected. When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other ......otice on the petitioner and without affording him any chance of being heard is against the principles of natural justice. It has been further argued that the petitioner bona fide believed that he was granted lease and invested huge amount of money therein and the respondent is estopped under the law..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ....... 1, a close relation of one of the landlords. 6. Mr. Harun-ur Rashid, learned Advocate appearing for the respondent Nos. 5 and 6, on the other hand, submits that the Upazila Nirbahi officer had power to take action to save the property of a person and in view or the fact that the property in q..........Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent. Harun‑ur‑Rashid ‑ For the Respondent No. 5. Wri......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ...... found out from the words actually used by the law‑maker in the statute. If the literal rule of interpretation leads to some kind of inconsistency or absurdity or injustice, the Court has certainly power to modify the language of the statutory provision in order to bring it in accord with the legi......llip;.Petitioner Vs. Agrani Bank.......................opposite Party Judgment May 5, 1992 Result: The Rule is made absolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑operative Bank Lt......and in default for selling out the mortgaged property being House No. 38 at Road No. 7 of the Dhanmondi Residential Area within the Dhaka City. Plaintiffs case is, inter alia, that the plaintiff bank granted the defendant petitioners a loan of money against importing fifty turbine pumps amounting to..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....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
...... by Mr. Bhuiyan will be assuming jurisdiction over the facts which do not arise out of the order of Tribunal. Section 161(2) of the Income Tax Ordinance, 1984 does not vest in the High Court Division power to take any extraneous matter into consideration which does not appear from the order of the T...... Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......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
..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....e same has been clearly intended to be kept confined within the family of the vendor and the vendees as per the ekrarnama and as such the reliefs under section 22 of the Specific Relief Act which are discretionary should not be allowed, but be refused to the plaintiffs in the facts and circumstances......e benefit of the lessor or those claiming under him: Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist). So that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein. Se......ip;……………….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 Daya......h under the common Law and section 23(b) of the Specific Relief Act an option to repurchase property is prima facie assignable, though it may be so worded as to show that it was to be personal to the grantee and not assignable. In that case the vendee contracted to pay off the money and convey back ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......, Ministry of Commerce, Special, Property Cell and others................................Respondents
Judgment
April 22, 1992
Result:
The Rule is made absolute.
Cases Referred to-
Shah Ghulam Nabi and others Vs. Vice‑Chairman, East Pakistan Enemy Property Management Bo......garding right and title of the property. It is still considered to be a vested property and therefore please take action accordingly." The petitioner expressed his grievance that he was not granted certified copy of the aforesaid order passed by the respondent No. 2.
9. The petitioner..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......Writ Petition Nos. 342 and 894 of 1989 heard together in support of his contention wherein a Division Bench of this Court in which one of us was a party held section 86 does not in any way confer any power upon the Registrar to decide any matter relating to election and that the Registrar's powe......he Rule is made absolute.
The Co-operative Societies Ordinance, 1984; Section 86
Section 86 of the Co-operative Societies Ordinance does not attract election disputes and as such the Arbitrator acted illegally and without jurisdiction in making the impugned award.
Coram Non-Judice
......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
.... 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
...... 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
...... Elahi, Advocates—For Respondent No. 6
Writ Petition No. 273 of 1991 with Writ Petition Nos. 2341 and 2342 of 1991.
Judgment
Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rul......ally produced electric meters by the PDB after the same was tested by the BSTI (Bangladesh Standard and Testing Institution) and no permission to import electric meters from foreign countries will be granted and as such the decision was communicated to the local manufacturers by memorandum dated 29...
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....for the appellant to hold the office to see whether the disqualification alleged continued to render the appellant an usurper to the office. In a quo warranto proceeding, the exercise of authority is discretionary and, among other things, the court takes into consideration the motive of the person w......tement sent by respondent No. 6 Returning Officer in Form Dha (Annexure‑B). Section 21 of the General Clausen Act, 1897 reads as follows: "Where, by any Act of Parliament or Regulation, a power to issue notifications, orders, rules, or bye‑laws is conferred, then that power includes a ......ission and others..................Respondents Judgment February 27, 1992. Result: The application is rejected. Cases Referred to- Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137; Secretary of State Vs. Mask & Co.; Wolv......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 ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
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