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Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka, 1992, 21 CLC (HCD)

....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 ......", within the meaning of the Explanation‑I…..................... (6) A careful reading of clause (iii) of sub‑section (2) of section 10 leads to hold that allowance in respect of interest is to be allowed in computing the business income where the capital is borrowed for the pur..

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 ......ell out his right of repurchase to the plaintiffs who are admittedly outsiders rather strangers to the suit‑property and are not privies to the ekrarnama; hence the plaintiffs acquired no right, or interest in    the suit‑land by their alleged purchase of the right of repurchase from t..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 3

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

....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. ...... vide Memo No. IP/PP/91 (10831)/83/505 dated 8.3.84. 5. While in peaceful possession of the said land in plot No. 6434 bearing holding No. 91 B of Sylhet Municipality, through his predecessor in interest Duraram Upadhyaya after acquiring owner­ship thereof by purchase by a registered instru..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Bangladesh Electrical Association Vs. Bangladesh represented by the Secretary, Ministry of Industries and others, 1992, 21 CLC (HCD)

.... 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   ...... and not otherwise and, as such, their aforesaid actions to import electric meters in violation of the Government ban on the import of the same on the plea of supplying the same is detrimental to the interest of both the consumers and local producers of the said meters depriving them from the benefi..

Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3

Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)

....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   ...... his individual capacity under the Statute. It determines the private rights of two persons to the same office, but a proceeding for information in the nature of quo warranto is invoked in the public interest. The latter seeks to determine the title to the office and not the validity of the election..

Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2

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         ...... defendant‑petitioner on his prayer was added as defendant No. 3 in the suit. He filed a written statement denying all the material averments in the plaint and claimed to have his own right, title, interest and possession in the suit‑land. The suit became ripe for peremptory hearing and at that ..

Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....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     ......ring since 9.1.92 and although the officers of this court has been informing the learned Advocate for the added respondent No. 8, yet none came to appear for the said added respondent as they have no interest in the matter. From the petition of added respondent No. 8 for being added as respondent it..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....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.......hat Annexure‑3 (which is a proceeding of the meeting with the petitioner held on 21.7.91) shows that after repayment of Tk. 2,52,67,747.60 till 27.4.91 dues amounting to Tk. 160,50,583.71 including interest till 30.6.91 are yet to be paid by the petitioner to the BB Road Branch, Narayanganj of the..

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)

....rsonal interest in the subject ­matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......n imposed upon it. The fact that the petitioner was all along associated with the award‑making process does not make it an "aggrieved person" and the present case is definitely not public interest litigation. The petitioner is not espousing the cause of a downtrodden and deprived section..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......of the provisions of the Code of Criminal Procedure. The High Court is not given nor did it ever possess, unrestricted and undefined power to make any order it might be pleased to consider was in the interest of justice. Its inherent powers are much controlled by principle and precedent as are its e..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

.... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... the trial Court will be at liberty to determine the age on the basis of evidence. As the victim girl Ranjana Rani Nast prima facie appears to be aged about 17 years born on 11.9.71 it is in the best interest of the victim girl that she remains in the custody of her father petitioner Sukhendra Chand..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

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 ...... or in part and the decision of the Government of the People's Republic of Bangladesh in this respect shall be final and binding upon the parties. It further stipulates in the said clause that no interest shall he paid by the Government on the performance bonds or on the amount (bus "held b..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......ng to 3 different groups of people. Wazid Ali Khan Punni, Ambika Charan and Bankim Charan and Kulada Charan were the original owners of land khatian Nos. 26, 27 and 35 respectively. Predecesor‑in‑interest of plaintiffs Nos.1‑10 Abdur Rahim Sarker and plaintiff No.11 took lease of the disputed ..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)

....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......gally in giving the impugned direction instead of directing examination of the thumb impression of the alleged executant in the impugned documents by an expert which would be more in keeping with the interest of justice having regard to the high value attached to the opinion of a thumb impression ex..

Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108

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. ......from the office of Managing Director. In cross‑examination be stated that there is project liability of Tk. 24,86,000/‑and rest covered by back to back pre-shipment quota. Bank did not charge any interest. He purchased it as businessman on hire purchase basis. In cross‑examination by Mr. Shah ..

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. ......sked to act as Inspector of Post Offices, (hereinafter in brief IPO), at Netrokona Subdivision. 2. The order dated 3.5.1972 by which the plaintiff was asked to act as IPO was "issued in the interest of service to have immediate effect and until further orders." The order reads as foll..

Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......evidence, solely because another Witness could not recognise them. He has referred to the conduct of that witness (P.W.7) and has argued that this witness was not acquainted with the Chairman but was interested only to save his life by fleeing away without taking notice as to the fate of others incl..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......cate continues to argue that without giving due consideration to the decree of the Civil Court which was not set aside by a superior Court at the instance of the Government or any other person having interest therein, the Court of Settlement committed serious illegality in so holding. Mr. Khan next ..

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)

....n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......pplication for pre‑emption was hit by the rule as to bar of partial pre‑emption. Pre‑emptor first claimed that 'Schedule-III’ land was entirely his own and the Vendor had no title and interest therein, and as such, he was not required to pre‑empt his own land. This claim of the pre..

Category: Property Law | Date: 1 Nov, 1990 | Hits: 40

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. ......same despite repeated notices and demands. The statutory notice under section 162 of the Act dated 7.8.82 was served by the appellant demanding Tk. 33,69,606/92 as on 28.7.82 together with subsequent interest and charges within three weeks, but the Company neither gave any reply nor took any step to..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122