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....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......tory notice was not a necessity, He takes me through the provisions of section 152 of the Paurashava Ordinance and argues that whatever was done by the Paurashava was so done in discharge of official duty and as such the suit is completely barred without prior notice. On the other hand, Mr. Mahbubey..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
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. ......tions and contending that the petitioner failed to appear before the respondent No. 1 although notice was issued and that the action was taken by the Upazila Nirbahi Officer in course of his official duty after giving several opportunities to the petitioner to appear and that the Upazila Nirbahi Off..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....to the actual consignee and ultimately this 11000 gallonsof HSD oil was delivered to the said consignee from Railway stock though 6861 gallons of oil out of 11000 gallons was actually lying and round excess in the stock of LF Santahar. As such a quantity of 4139 gallons or HSD oil mixed with SKO was...... intention misappropriated the consignment there cannot be any conviction and sentence under section 409 or 109 of the Penal Code. He argued that the present case may be a case of sheer negligence of duty of the appellants, but for their negligent act the appellants cannot be prosecuted in such a cr..Category: Criminal Law | Date: 20 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: ......ined daggers at the thana lodged an FIR in the early hours of 2.3.75 stating that on the previous night at about 9‑00 PM they along with ASI Harunur Rashid and constable Gouranga went out on patrol duty for the areas including village Anwarpur, that they got an information that some dacoits had as..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
....ted as perquisites within the meaning of the Explanation I to section 10(4) (d) of the Income-Tax Act, 1922.
(b) That the mischief of section 10(4)(d) is not attracted in the instant case and no excess perquisites arise within the meaning of section 10(4)(d) of the Income Tax Act.
(II) Whe......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
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Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
.... 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
...... electric meters shall remain in future, that local manufacturers shall participate in International Tenders for supply of electric meters in future on the basis of ex‑factory rate deducting import duty and sale tax from the cost of production. Local manufacturers by their representation dated 12...
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......the said fishery in favour of the petitioner on the basis of negotiated lease. The respondent No.3, Additional Commissioner, Dhaka Division, by his order Annexure ‘F’ dated 22.11.89 set aside the duty executed lease (Annexure ‘C’) granted by respondent No.4, Additional Deputy Commissioner (R..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
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 ......demand without any question and "without any reference to the supplier". Mr. Khondaker Mahbubuddin Ahmed, submits that this bond which created a right in favour of the Coal Controller and a duty on the part of the Bank to pay on demand without any reference to the supplier, cannot be restr..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......€‘nigh impossible or highly inconvenient to throw any light on such a matter. However, by invoking the provision of section 105 or 106 of the Evidence Act the prosecution cannot relieve itself of its duty of discharging its general burden of proving its case beyond reasonable doubt." 15. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......onsideration in this case is, whether the loss of the consignment in question was due to theft committed in the running train without any negligence and collusion of the Railway Officials who were on duty at the relevant train. 5. Mr. Mahmudul Islam, learned Advocate appearing for the plaintif..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....er section 7 of the said Ordinance. Both the cases were heard analogously and by one impugned Judgment the cases were dismissed. 6. Mr. TH Khan first, submits that the Court of Settlement acted in excess of its jurisdiction in holding that as Nasiruddin and Mr. KA Dewan were served with notices t......n of law but also is the result of arbitrary action on the part of the Government in dealing with the property of a citizen. Such an action on the part of the respondent No.1 is deprecated whose sole duty is to protect the life and property of the citizen of a democratic polity. Therefore, in our op..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......tion case as given by informant Mahibul Islam constable No. 605 at Tan Bazar Police out‑post is that on 8.10.86 he along with constable No. 769 Md. Shamsul Alam (PW 2) and others went out on patrol duty in Tan Bazar area at about 10 PM. At that time they noticed that the accused was coming from th..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......howed that he was engaged in conducting two cases in the Upazila Courts on the relevant day-12.3.1985 upto 5.00 PM. The paper of the other accused showed that he was a Railway employee engaged in his duty at Chittagong on the relevant day. On perusal of these papers, the Magistrate carne to a "..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......y is caused to a party due to any mistake or default committed by a court or its officers there are high authorities laying down that in circumstances of this nature, it is not only the right but the duty of the Court to correct its own mistake. The question of limitation is immaterial in the ..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ...... Court the sale price of Tk. 40,000.00 to her credit on the finding that the appellants are the owners of the stated contiguous plots, that the formalities of Talab-i-Mowasibat and Talab-i-Ishad were duty performed, that the suit was not barred by limitation and that there were no pucca structures i..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ...... as its share holder. When there is no dispute as to a person being, or having ceased to be a member, the summary jurisdiction under this section to compel the company to perform the ministerial duty of entering the fact on the register is clear. If a dispute can no..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......by mis-describing the goods as menthol in the document submitted by him and thereby the petitioner attempt( to violate Import Trade Control Regulations in for and also evade a large amount of customs duty an sales tax and that the petitioner himself signed and sent a letter to the Superintendent of ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ...... Vs. The State & Vs. Kashem Ali 15 DLR 30 cited....................... (4) It is a mandate of the Code to take statement of the accused in accordance with the provisions of law. It imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact c..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
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