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Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......r with both, and if the Court trying such contravention by order so directs, shall also pay to the worker concerned such sum as may be specified in the, order to represent the differences between the amount actually paid to such worker and the amount which would have been paid to him had there been ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......ugh to disturb findings of fact, the exercise of this discretion must be limited to exceptional cases in which gross miscarriage of justice is shown to have ensued due to the application of incorrect principles relating to the appraisement of evidence or failure to consider an important piece of mat...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
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 ......ala held that the payments to the Government were liable to be deducted. The facts of the said case are quite distinguishable from the facts of the instant case before us. Therefore, we hold that the principle laid down in that case has no manner of application to the facts of the instant case. ......uestions as formulated to arise out of the order of the Tribunal and are questions of law and call for decision and the reference is competent. ....................(7) In order to decide whether amount is the income of assessee or not, the true test is whether the amount reached the hand of the..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......n time for reflection. Thus gross illegality was committed by the Magistrate while recording the confessional statement which stands vitiated.” Thus, keeping in view the above well settled principles of Law regarding confession of an accused, let us now examine 3(three) confessional state......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....the exercise of the power would be bad in law. 17. From a reading of the grounds it is seen that they have taken loan from Al‑Baraka Bank anAmount of Tk. 19, 35, 88,000.00 to be paid by twelve installments and they have paid no installment and are attempting to leave the country forever and t......r of South Korea and Phase III‑Commercial printing with a total share cost of Taka 7.6 crore. In all Al‑Baraka Bank Bangladesh Ltd. agreed to invest in the project as an equity participant on the principle of Islamic Shariah Banking and granted investment facility of Taka 12, 94, 97,720.53. The ......erest of a considerable section of the people All interest to be called a public interest must effect directly the interest of a considerable section of the people in the locality or substantial amount of the cross section of the groups of people. The interest of a private Bank is not such..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. ......ioner by conveyance deed for a period of 99 years measuring 131 sq. yards and transferring the house (one room) built thereon for a consideration of Rs. 2700.00 by hire purchase on payment of balance amount within 15 years and got delivery of possession by two Memoranda, dated 7.8.1963 and 3.9.1963...Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
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 ......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 ...... the learned Advocate for the petitioners does not have any such objection in relation thereto. He points out that the change in the nomenclature of the suit that is, from Title Suit to SCC suit, tantamount to a change in its nature and character. There is no dispute that an amendment of the plaint ..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. ...... and the detention order is still continuing, so the fact remains that there is a criminal proceeding and on the same fact there is also a detention order. 7. There is no dispute, with the legal principle that the detaining authority must have pre-existing materials for satisfaction that any in......t of the State. A criminal case No. 382‑A1/92 is instituted against him along with other Directors of BCI Ltd. and it was not possible to take proper legal step immediately for realising the huge amount of money which the detenu grabbed along with other Directors of BCI Ltd. and the detenu by vi..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
......d by law would result in the loss of some personal benefit or advantage or the curtailment of a privilege or liberty or franchise."
The learned Judge further observed, thus:
"This principle governing an appeal cannot be invoked in the present case, particularly since the abandonm......kept in between the block minus the road that are necessary as vacant space for affording passage and other amenities to the residents of the blocks and, according to the learned Advocate, this would amount to a representation made by the lessor, namely the Housing Settlement in the Ministry of ..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......rs that the learned Subordinate Judge has allotted the saham or each or the sons and the daughters according to this quantum of share, Therefore, apparently we do not find any wrong or mistake in the amount of share allotted to the plaintiffs and defendants by the learned Subordinate Judge in his ju..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....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.
......f Muharrars in the Government service but the impugned order has deprived them of their legal right.
8. The petitioners have claimed that the impugned order has been passed against the rules and principles of law and natural justice, allowing the juniors of the petitioners to supersede them. Th......ts;
(b) Declaring what languages shall be deemed to be commonly used in each district;
(c) Declaring what territorial divisions shall be recognised under section 21;
(d) Regulating the amount of fines imposed under sections 25 and 34 respectively;
(e) Regulating the exercise of t..
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 ......he ground of mala fide. In the case of Jamil Huq Vs. Bangladesh 34 DLR (AD) 125 it has been held that mala fide must be alleged and established by facts constituting mala fide in a court of law. This principle is also judicially well‑settled. It is easy on the part of any petitioner to make a vagu......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 ..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 ......ed right in favour of the petitioner and as such the cancellation of the lease without serving a show cause notice 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 tha......out 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 of promissory estoppel to cance..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
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: ......ear from the impugned judgment that the High Court Division had perceived the facts of the case in its totality which is so very essential for correctly applying the law as to joinder of charges. The principles of law on the subject are by now well‑settled but error is committed in their applicati......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: ..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
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 ......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 ......f 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 Taka 35, 09,877.71; that the said imported goods were pledged with the plaintiff‑bank..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
......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
......ocation and paid interest ‑thereon, as nowhere clause (iii) speaks about unutilization of capital borrowed. Where an assessee satisfies the requirements of clause (iii) he is entitled to the entire amount of interest paid on the borrowed capital. Accordingly, we hold, on the facts of the present c..
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 ......Transfer of Property Act, 1882, section 10, recognized the validity of a partial restriction upon a power of deposition in the case of transfer inter vivos, and there is no authority that a different principle applied in India before that Act was passed. Under English Law, if that were the test, a p...... 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 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....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
......………Respondent
Judgment
January 15, 1992.
Result:
The Rule is made absolute
Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee is must before Cancellat......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
..
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.
......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.
......der such circumstances he cannot be treated to be a temporary worker. Further no such agreement has been produced by the petitioners to show that respondent Howladar's salary was debited from the amount of a borrower and other incidental expenses. Even if petitioner realised from the borrower un..
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 ......e party having duly appeared contested the suit by filing a written statement wherein he denied all the material allegations made in the plaint and contended, amongst others, that the suit was hit by principle of estoppel, waiver and acquiescence. 4. His case, in short, was that he made improve......ient to say that there is absolutely no evidence on record to prove that the opposite party incurred the said expenses for improvement of the snit promises with the consent of the petitioner and that amount was to be adjusted from the monthly rent. The Dakhila Exts. Ka to Ka (35) do not show any adj..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
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