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Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....e case of the plaintiff, in short, is that the defendant was a monthly tenant under the plaintiff in respect of 'Ka' schedule property at a monthly rental of Taka 1, 00,000 in pursuance of an agreement for running hotel business for a period of 4 years with effect from 1-7-1995 ending o.........................Appellant Vs. Sabbir Ahmed Chowdhury....................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted if he is a defaulter in payment of rent, if the landlord needs the suit premises ......Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2 ..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....e case of the plaintiff, in short, is that the defendant was a monthly tenant under the plaintiff in respect of 'Ka' schedule property at a monthly rental of Taka 1, 00,000 in pursuance of an agreement for running hotel business for a period of 4 years with effect from 1-7-1995 ending o......n.....................Appellant Vs. Sabbir Ahmed Chowdhury.................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in payment of rent ......dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ...... Ashish Ranjan Das J Onil Kuar Podder and others ...........Defendants- Purchaser-Appellants Vs. Mostafa Unuch…………...................Plaintiff-Preemptor- Respondent Judgment September 15, 2014. &nbs......st reported case, having been decided in 1792, it was held by the Bengal Sadr Diani Adalat, that among the holders of separate shares of an hereditary zamindari, each, according to the Hindu Law, may sell his share to whom he pleases, and the other sharers have no necessary right of pre-emption..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
Asset Developments & Holdings Ltd. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....nt, are answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: Ed. This Case is also Reported in: ......1. Whether on the facts and in the circumstances of the case in the absence of any finding that the applicant has not followed a regular method of accounting its income could be computed by resorting to estimate or in any manner or basis other than in accordance with the method of accounting regular......ding of the statement of facts made in the Income Tax Reference Applications reveals that the Assessee-applicant is a private limited company engaged in the business of construction of apartments for sell, wherefrom the company derives income. The Assessee-applicant is a regular income tax payer hol..Category: Fiscal/Taxation Law | Date: 7 Sep, 2014 | Hits: 5
....Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 279.
......Kabir and another.................Respondents
Judgment
September 7, 2014.
Result:
The petition is dismissed.
Service Matter
A permanent government servant continues to remain in service till his resignation is accepted. The general rule is that a resignation can ta......der" from 10-3-2007 till 9-9-2007. Respondent No.1 was facing severe financial crisis and finding difficulty to cope with the various expenses of his treatment, consequent thereto he had to sell personal household goods. Ultimately, respondent No.1 regained his health around 9-9-2007 ..
Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20
Haji Mohammad Ali vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....e answered in negative and in favour of the Assessee-applicant. However, there shall be no order as costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ...... also Reported in: ......of section 93 of the Income Tax Ordinance 1984 and cannot be treated as definite information as to any concealment of income since admittedly the Assessee-applicant is a businessman of purchasing and selling the delivering order of sugar and other consumer item for which the purchaser of due from th..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
Md. Jafar Ullah Vs. Bangladesh, 2014, 43 CLC (HCD)
.... The case of the petitioner, in brief, is that he is the Area Chief of Noagaon Muktijodhya Welfare Club, a local branch of the Bangladesh Muktijodhya Wefare Club. On 01.6.2013 he entered into a lease-agreement with Bangladesh Muktijodhya Welfare Club under which the Welfare Club has given him permis......ection 294A Gambling, its meaning, extent and status under law a) any game that is played for money, wager or stake or in other words played risking money or something of value for a chance to win a prize is gambling. b) the Nupun Khela including 1-10, 1-8, Dice and Howji are varied f...... given is hereby vacated. Communicate copies of this judgment to the respondents at once. Md. Badruzzaman J.- I agree. Ed.66 This Case is also Reported in: DLR (2014) (HCD) 380 ..Category: Others | Date: 28 Jun, 2014 | Hits: 91
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....ing this section 83A specific promise was given to an assessee that if he filed return under self assessment scheme he will be given certain benefit and the above promise is not by mere conduct or by agreement or by SRO but by incorporating a specific provision in a statute. It is a settled law that......er section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ing this section 83A specific promise was given to an assessee that if he filed return under self assessment scheme he will be given certain benefit and the above promise is not by mere conduct or by agreement or by SRO but by incorporating a specific provision in a statute. It is a settled law that......1(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....mited. In the said company, the petitioner was the owner of 10% shares. After liberation of Bangladesh, the said company was nationalized followed by subsequent denationalization through an agreement between the government and the said company. According to the said denationalization ...... Bangladesh Bank and others............Respondents Judgment June 1, 2014. Result: All the Rules are discharged. Bank Company Act (XIV of 1991) Section 5 GaGa Declaratory and Clarificatory Amendment—"Defaulter-Borrower" Substantive right of......Vine (1875) 10 QB-195, the question was related to the construction of section 14 of 33 & 34 Victc. 29, which enacted that every 'person convicted of felony shall be forever disqualified from selling spirit by retail'. It was held that the disqualification applied to every convicted..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....8 of the Arbitration Act.
17. We will consider the aforesaid cited decisions by both the parties if required. We will now gradually proceed with our judgment.
18. The agreement upon which the legal battle arose in which plaintiff and defendant themselves ag......& another..........Petitioners
Vs.
Mosharaf Composite Textile Mills Ltd...........Opposite Party
Judgment
May 28, 2014.
Result:
This rule is disposed of.
Arbitrators have no Jurisdiction over the Court but Court has Jurisdiction over the Arbitration—
......hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... place "an act or omission in pursuance of that conspiracy". 20. These persons may be animated by the same intention and they must agree to carry out their intention into effect, their agreement in an act in advancement of the intention which each of them has conceived in this mina. T...... May 14, 2014. Result: Criminal Appeal No.22 of 2010 is allowed. Criminal Appeal No.23 of 2010 is dismissed. Criminal Appeal No.24 of 2010 is allowed. Case Referred to- Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176; Williams and Coleridge, JJ, Reg Vs. Blake......r. The other over the 'Kum' (জলাশয়) beneath the bridge adjacent to Dugachhi Bazar, the Kum was on the Government Khas land. During the Awami League Government, Mobile Quader used to sell the same after taking lease and in the last year, Mobile Quader sold out the Kum to his uncle A..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....say that, if in the public interest division becomes imperative, an option should be given to the incumbent Registrar to choose any of the two jurisdictions he likes to work for. We are in respectful agreement with the view taken by his Lordship, if the said Nikah Registrar is not otherwise disquali......e and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment May 4, 2014 Result: The Rule is made absolute. Cases Referred to- Mlv Md. Abdul Khiurshid Alam Vs.Bangladesh & others, 50 DLR (AD) 82; Maulana Kazi Moham......l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
.... well as for the future and then initiated the said civil action for originally fixed rent for the last two quarters of 1945, as the defendant declined to give in to that demand. 64. As the agreement for reduced rent fell short of a contract because of the absence of consideration, th......uman Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4, 2014. Result: Both the appeals are dismissed. Cases Referred to- Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD) 30; Mofazzal Hossain Vs. Bangladesh, 43 DLR ......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....mother mutated their names in the office of the Rajuk vide memo No. RAJUK/Estate/203 dated 17-1-1989. Mrs. Meherunnessa, mother of the defendant Nos. 1-5, and defendant Nos. 1-5 entered in to an agreement for sale of the suit land with the plaintiff on 7-7-1987 fixing Taka 70,00,000 as the cons......en question of rejection of a plaint would arise. A plaint with disclosure a cause of action, then the questions whether that cause of action was actually present, whether it was sufficient to file the suit etc., being question of fact cannot be decided at the initial stage and can be deci...... Nos. 201 of 2009 and 202 of 2009 before the Appellate Division (arising out of aforesaid Title Suit Nos.1 of 2000 and 2 of 2000 respectively). In the mean time, the defendant Nos. 1-5 were trying to sell the scheduled land to others as a result, a precautionary notice was published in the &quo..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ........................................................Respondent Judgment April 27, 2014. Result: The leave petition is disposed of on terms. Case Referred to- Gannysons Ltd Vs. Sonali Bank, 37 DLR (AD) 42. Lawyers Involved: Abdullah-al-Mamu......4-2014" under article 104 of the Constitution stating, inter alia, that late Ram Krishna Nath was the owner of "Nath Jewellers" in Chittagong and he was engaged in the business of selling gold ornaments as well as in lending money to different gold traders against security of gol..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....y were appointed as exclusive sales/commission agent for sale of different products of the appellant, Chittagong Steel Mills Ltd. (in short, the Mill) on the terms and conditions contained in an agreement dated 29-3-1994 for sale of CI Sheet, Billet and other goods of the Mill for a period up t........Appellants Vs. MEC, Dhaka & others .......................................Respondents Judgment April 23, 2014. Result: The appeal is dismissed. Cases Referred to- WAPDA Vs. Khanzada Md. Abdul Haque Khan Khattak and Company, PLD 1990 SC 359. Lawyers ......e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....ence at the passing of new Act, that the aggrieved party would be entitled to succeed in giving a successful challenge to the retrospective effect of the Act” 21. We are in respectful agreement with the afore quoted summing-up of the law on the subject. 22. The new Act was ......dgment April 3, 2014. Result: The Rule is made absolute. Purpose of Section 339C— Speedy Trial Court— The whole purpose of un-amended section 339C of the Code was to whip up the prosecution and to make the trial Court more active so as not to delay the trial......e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....t defendant No.1purchased the land of 1(ka) schedule to the plaint from defendant No.1by a registered deeds dated 2-3-1970 (exhibit-থ) and dated 21-5-1976 (exhibit-দ) without the knowledge of the agreement of the plaintiff. The High Court Division further found that defendant No.2 having admitte......llip;…..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any possession in s......;quately stamped and is barred by law of limitation. Defendant No.1was a monthly temporary tenant under defendant No.2 in a shop house and in the year 1969 and when defendant No.2 wanted to sell his RS Plot No.165, defendant No.1 agreed to purchase the same and accordingly, defendant No.2 ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....motives become questionable. 28. We have noted already that the High Court Division observed that the headlines and headings are not substantiated by materials within the report. We are in total agreement with that. At the same time, we feel that it would be unfortunate if the public would be u......eal No.12/05] VS. Md. Faiz and others ….......................Respondents (In all cases) Judgment March 11, 2014 Result: The Appeal is allowed. Case Referred to- Md. Riaz Uddin Khan Vs. Mahmudur Rahman, 63 DLR (AD) 29, Sir Edward Snelson Vs. Judges, Hig......ted in AIR SC 1974 SC 710 and the case of Andre Paul Terence Ambard Vs. The Attorney General of Trinidad and Tobago reported in AIR 1936 PC 747—where reference was made to the dictum of Lord Russell of Killowen, LCJ in Queen Vs. Gray, (1900) 2 QB 36(5) at page 40 wherein his Lordship observed,..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
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