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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 ......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. ........................................Applicant Vs. Commissioner of Taxes (West Zone) Dhaka.................Respondent Judgment November 30, 1992. Result: The questions formulated for determination are answered in the affirmative and in favour of revenue departmen.........................Applicant Vs. Commissioner of Taxes (West Zone) Dhaka.................Respondent Judgment November 30, 1992. Result: The questions formulated for determination are answered in the affirmative and in favour of revenue department. The Inc..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......vision of law along with provisions of Section 364 of the Code of Criminal Procedure require to be strictly observed and followed to make the confession voluntary and true in the real sense to be fit for reliance for convicting an accused on his confession……………(7) ......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)
....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. ......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 ......sh; Powers given to an executive authority under the provision of a law need to exercise within the limits of the power and the law, following all the procedures that arc needed to be followed before that power is exercised and must be exercised justly, fairly and reasonably. All these are inte......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. ..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
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......District 315B Bangladesh, President of Chatkhil Upazila S amity in Dhaka, a member of the Managing Committee of his local Shahapur High School, Vice President of Wage Earners Association at Dhaka and former Government nominated Director of Baitul Aman Housing Co‑operative Society at Dhaka. He is a......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. ..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......nt Commissioner Settlement, Ministry of Works, Dhaka.
2. It is the case of the petitioner along with five others that they were allotted a piece or parcel of land measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha under Police Station Mirpur being plot No......
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
..
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.
......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...... The then Government of East Pakistan by an order dated 23.7.66 under the signature of Inspector General of Registration sanctioned non‑ Government post or BD Muharrars (basic democratic muharrars) for all the Sub‑Registry Offices of all the Districts of the then East Pakistan now Bangladesh. Th......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 ......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......e Republic) serving under the said Board Under the said ordinance of 1961 and that the Ordnance Factories Board apparently under section 7 of the Ordinance Factories Board Ordinance, 1961. has merely for convenience, adopted the civilian employees in Defence Services (Classification, Control, Appeal......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
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........Accused-Respondents [Criminal Appeal No.8 of 1989]. Hamida Khatun................ Complainant-Petitioner Vs. Constable Lal Mia and others.........Respondents [Criminal Petiotion for Leave to Appeal No.91 of 88] Judgment May 14, 1992. Result The appeal is all......al. 957, a comprehensive formula of universal application cannot be framed regarding the question whether two or more acts constitute the same transaction and the circumstances which must bear on its determination in each individual case are proximity of time, unity or proximity of place, continuity..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
....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
......oner
Vs.
Titas Gas Transmission and Distribution Co. Ltd. Dhaka.......................Respondent
Judgment
April 23, 1992.
Result:
The question Nos.1(a), I(b) and II formulated for determination are answered in the negative and in favour of revenue.
The qu......
Titas Gas Transmission and Distribution Co. Ltd. Dhaka.......................Respondent
Judgment
April 23, 1992.
Result:
The question Nos.1(a), I(b) and II formulated for determination are answered in the negative and in favour of revenue.
The question No. III&..
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......d Additional Court, Sythet in Title Appeal No.160 of 1978 allowing the appeal and reversing those dated 12.12.77 of the learned Munsif, 1st Court, Moulvibazar dismissing the Title Suit No.232 of 1975 for specific performance of a Contract. 2. Facts giving rise to this Rule are in a nut‑shell ...... 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
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 ...... 10. It is needless to state that the learned Advocate for the petitioner has unnecessarily referred to Articles 11 and 59 of the Constitution inasmuch as Article 11 only states the fundamental principles of State policy regarding effective participation by the people through their elected rep......sult: The application is rejected. Cases Referred to- Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137; Secretary of State Vs. Mask & Co.; Wolver Hampton New Waterworks Co. Vs. Hawkesford (6 CBNS 336); Neville Vs. London Express Newspaper (1919 AC 368); Farid Mia Vs. Anijad Ali alia......election petition shall be presented, in such manner as may be prescribed to the Election Tribunal under section 27." 7. It is well settled that the said section 26 has clearly put a bar to determination of any dispute in respect of any election under the said Ordinance by any Court except..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....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......
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 Cancellation any Lease—
In the said case it has also been held that unless the lesse......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
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...... and decree dated 29.5.90 passed by the Subordinate Judge, 2nd Court and SCC Judge, Sylhet in SCC Suit No. 47 of 1986 should not be set aside. 2. The petitioner instituted SCC Suit No. 3 of 19S5 for a decree of eviction of the opposite party from the suit premises which on transfer to the Court......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 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......constrained to hold that neither the vendee nor the pre‑emptor acquired any title in the land under the oral contract of sale, and since there is no writing by a party to evidence the contract, the principle of part performance as determined under the statute is not available in defence to the res......etitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
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. ......urt 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 expressed power conferred under the statute. The High Court canno......Dhaka to show cause as to why proceeding of Special Tribunal Case No.60 of 1991 under section 19(a) and 19(f) of the Arms Act 1878, read with section 26 of the Special Powers Act, 1974, now pending before the Senior Special Tribunal Judge, Dhaka, should not be quashed. 2. At the time of issuing......ascertain whether the petitioner enjoys the exemption from having licence in respect of all the arms seized. This being the question of fact, we are not inclined to embark upon further discussion and determination of the said point. 10. The second point urged by the learned Advocate for the pet..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. ...... 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. ......ssed as to this Court may seem fit and proper. 2. The facts giving rise to the present Rule are as follows: One Rafique Ullah, maternal grandfather of girl Sumati Begum, lodged a First information Report with Maulvibazar Police Station on 3.4.1989 stating therein that few months ago acc...... 15‑16 years. In the petition dated 11.4.89 filed by the victim girl Sumati Begum before the Upazila Magistrate she stated her age as 20 years, The Sessions Judge had before him these materials for determination of the age of victim girl Sumati Begum. The Sessions Judge did not have the opportunit..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......onal, if the case in which the question is raised can be properly disposed of in some other way. In this case no law is required to be declared unconstitutional but an execution order and so the said principle has no application to the present case. The learned Additional Attorney‑General also ref......after the petitioner was released by the Government from detention. 3. The case of the petitioner Mirza Ali Ashraf is that he was the Managing Director of M/s. Moon Light Silk Mills Ltd. He took a foreign currency loan of DM 12,84,425,26 equivalent, to Taka 15,28,466.00 and a local currency loan ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
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. ......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. ...... High Court Division acted illegally in giving the impugned direction instead of directing examination of the thumb impression of the alleged executant in the impugned documents by an expert. Before the Trial Court there was no admitted Signature of thumb impression of Profulla Chandra for com......rial Court there was no admitted Signature of thumb impression of Profulla Chandra for comparing the thumb impression or signature in the deed in question. This is a case for eviction and not one for determination of title between the two competing parties. Profulla Chandra was not present before th..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. ...... be dissolved…………………………...... (33) Principle of partnership applicable to company It should be mentioned here that the principle of partnership is applicable to private limited company, and the company in question is a ......of Directors were held which is apparent from evidence. It is further apparent that no resolution of the meeting of the Board of Director regarding alleged transfer of the shares have been produced before this Court. No audit report was submitted nor any profit and loss nor any dividend were shown g...... 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. ..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. ...... indicates in unmistaken manner that it was never meant to be an order of promotion. In the facts of the case the respondent was not entitled to any show‑cause notice nor there any violation of any principle of natural justice. Therefore, the respondent's contention that he acquired a vested r......the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappointment as he would no longer draw the benefits of that......e in a case of termination of service with fourteen days' notice are hardly relevant in this case where there is no question of termination of service. 21. The only question which calls for determination in this case whether the impugn reversion to the respondent's substantive post aft..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
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