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Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) Section 160 Unless a question of law arises out of the order of the Taxes Appellate Tribunal, this High Court Division has no power to decide the same. But whether a question of law formulated arises out of the order of the tr......acated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......order of the tribunal itself and falls for decision of this Division is to be seen by this Division. The questions 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 wh...... 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 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....d were under transit to the District Jail while the latter (Bahadur Khan) was rearrested, the former is to this day a fugitive from law. Before their abscondence Gul Hassan and Bahadur had executed a power of attorney.................to file an appeal on their behalf in the High Court. At the hearin...............................Appellant Vs. Abdul Khaleque........................Respondent Judgment November 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC)...... rickshaw. Sobhan Mistry with his wife lived in the adjacent house (ghar) of the accused. On 21.5.81 in the early morning wife of Sobhan Mistry went to the hut of Meher Negar and the accused, went on calling, as she required fire, but she got no response and found that the door of the hut was closed......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....992. Result: Writ Petition No. 1661 of 1989 is made absolute Writ Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 1992 stands discharged. While the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act suc...... Result: Writ Petition No. 1661 of 1989 is made absolute Writ Petition No. 4 of 1990 is discharged The Rule in Writ Petition No. 2514 of 1992 stands discharged. While the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act such powe......hers representatives and Mr. Mir Noor Ali and Mr. ATMA Abdul Hye were elected by the guardians' representative to represent the guardians in the Special Managing Committee, in a meeting specially called for the same. A true copy of the resolution was annexed to the Writ Petition No. 4 or 1990 as......ill appear from the Annexure‑'C' in Writ Petition No. 4 of 1990 under Memo No. Sha‑5/5C‑8/85/465 Shikhha dated 30.4.85. It appears that in pursuance of this Annexure‑C on 7.5.85, in a meeting of the teachers of the school, two teachers namely Mrs. A Anjur‑un‑Nahar and Mr. Shaikh ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....p;………………Respondents Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powers given to an executive authority under the provision of a law ne......ip;……………………………Respondents Judgment August 4, 1992 Result: This rule is made absolute. Powers need to be exercised within the limits of the power and the law— Powers given to an executive ......rts of the law itself and need not be super added……….. (15) Public interest must effect directly the interest 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 i......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
....
5. On review the Chief Martial Law Administrator may set aside, vary or modify any order, judgment or sentence or make order for retrial but cannot convert an acquittal into conviction as no such power has been specifically provided for. In a similar case reported in 43 DLR (AD) 104 (Bangladesh ......er
Vs.
Government of the People's Republic of Bangladesh and Others........Respondents
Judgment
July 26, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Vs. Mohammad Ali and others, 43 DLR (AD) 104
Lawyers Involved:
MM Hyde......kar Fakhruddin Ahmed, AAG—For the Respondents.
Writ Petition No. 536 of 1992.
Judgment
Md. Abdul Jalil J.-This Rule Nisi was issued at the instance of Md. Shabir Hassan @ Bachchu calling upon the respondents, namely, Government of Bangladesh and others to show cause why the impu......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....plaintiffs and fixed the suit for peremptory hearing. It is against this order that the defendants have obtained the instant Rule. 3. It is admitted on both sides that the original court has SCC powers but that the learned Additional Assistant Judge has no power to try SCC suits. Repeating the ...... Judgment July 26, 1992 Result: The Rule is discharged. Mistake in registering the suit could not alter nature and character of a suit The amendment is prayed for merely to rectify the mistake by registering the suit in its proper file. It does not result in change of t......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 ..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... further submitted that the complicity of the detenu in the criminal case is not established because the detenu is a mere Director of the said non‑commercial organisation and has no decision making power and in fact it is never the allegation that he by any overt act had committed any offence puni......M Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- Borjahan Vs. State of West Bengal, AIR 1972 (SC) at page 2256; AIR SC 207; AIR 1974 SC 2154......ctor were asked to show cause or to explain the position but the explanation that was given was not satisfactory and they were asked to rectify the irregularities within 13.12.90. The Bangladesh Bank called further inquiry into the affairs of the company and the said inquiry reveals the same irregul......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
.... prejudiced any representation, promise or expectation what is done by the lessor in the instant case, namely the Directorate of Housing and Settlement, had been done with lawful authority having all powers to change or modify the master plan in public necessity and public interest, providing reside......Ministry of Works and others……………………..Respondent
Judgment
July 7, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225
Lawyers Involved:
Md...... Law and Justice. Thereafter the deed of agreement has been registered in favour of respondent Nos. 4 and 5 bearing deed No. 2584 dated 30.7.89 and respondent Nos.4 and 5 had been officially and physically handed over the possession of the said plots on 4.4.90. It has been further stated that this h......
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
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. ......Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1992. Result: The appeal is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patn......tted to plaintiff Mr. AKM Bashirullah @ Mortaza Bashir and defendant No. 4, Mr. AKM Waliyullah and defendant No.8, Mr. ABM Raziyullah and defendant No.1 Musammat Mahjuja Khatoon which has been specifically mentioned in the schedule 'C'. It appears from paragraph 4 of that solenama that Munic......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. ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
.... 1908 is as follows :
"69.(1) The Inspector‑General shall exercise a general superintendence over all the registration offices in the territories under the Government, and shall have power from time to time to make rules consistent with this Act.
(a) Providing for the safe cust......p;……………………………..Respondents
Judgment
June 30, 1992.
Result:
The Rule is discharged.
Cases Referred to-
Bangladesh Steamer Agents Association Vs. Bangladesh and others 33 DLR (AD) 177; 1968 SCMR ......ssued at the instance, of the petitioners Md. Nurul Israil, President, Bangladesh Registration Tax Collecting Karmachari Samity and Mohammad Abut Hossain @ Abul Hossain, Secretary of tile said samity calling upon the respondents, the Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, ......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)
....o meet the needs of the civilian population. Under section 7 of the said Ordnance Factories Board Ordinance, 1961 the Board may in relation to such factory, officer or employee exercise the following powers of the Central Government or of any officer authorised for the purpose by the Central Governm....../89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. Result: The Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are ci......also acquitted on 28.4.92 by the Additional Sessions Judge, Gazipur. On 12.5.88 a charge of misconduct was drawn up against petitioner Serajul Islam Thakur under the said Rules and an explanation was called for from him as was done in the case of other petitioner. As the explanation given by petitio......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 the Additional Deputy Commissioner (Rev) Sylhet. 4. We have very carefully and patiently considered all the arguments of the learned advocate but we find no substance in those. We exercise the power under original jurisdiction, namely under Article 102 of the Constitution of the People's ...........Respondents Judgment May 25, 1992. Result: The application is rejected. When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other ......ed to participate in the auction dated 4.4.91. The petitioner participated in the auction held on 24.4.91 and came out successful at the highest bid of Taka 1,16,000.00. The petitioner thereafter was called upon to deposit the 50% bid money under the Rules and he paid Taka 58,000.00 on the spot agai......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 ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
..... 1, a close relation of one of the landlords. 6. Mr. Harun-ur Rashid, learned Advocate appearing for the respondent Nos. 5 and 6, on the other hand, submits that the Upazila Nirbahi officer had power to take action to save the property of a person and in view or the fact that the property in q..........Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the Respondent. Harun‑ur‑Rashid ‑ For the Respondent No. 5. Wri......Assistant Attorney General - For the Respondent. Harun‑ur‑Rashid ‑ For the Respondent No. 5. Writ Petition No. 752 of 1989. Judgment Md. Abdul Jalil J. -This Rule was issued calling upon the respondents, namely, Mr. AKM Musa, Upazila Nirbahi Officer, Madaripur, Mr. Dilip Ku......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. ..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
.... found out from the words actually used by the law‑maker in the statute. If the literal rule of interpretation leads to some kind of inconsistency or absurdity or injustice, the Court has certainly power to modify the language of the statutory provision in order to bring it in accord with the legi......llip;.Petitioner Vs. Agrani Bank.......................opposite Party Judgment May 5, 1992 Result: The Rule is made absolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑operative Bank Lt......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 ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
.... by Mr. Bhuiyan will be assuming jurisdiction over the facts which do not arise out of the order of Tribunal. Section 161(2) of the Income Tax Ordinance, 1984 does not vest in the High Court Division power to take any extraneous matter into consideration which does not appear from the order of the T...... Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
...... For assessment years 1980‑81 it submitted return of its income and claimed deduction of Taka 1,21, 45, 475.00 as perquisite under section 10(4)(d) of the Income Tax Act, 1922 (hereinafter shall be called the Act) relating to expenses under different heads:
(1) Meal Allowances Taka 4,58,882.0......ent we should answer the question formulated in the application in a qualified way. In Brij Lal Jajoo plea of the assessee was that as the special allowance was given on the basis of an agreement for meeting high expenditure owing to usual circumstances it was exempt from tax. On fact of that case t..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....e benefit of the lessor or those claiming under him: Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddhist). So that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein. Se......ip;……………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Daya...... 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 ...... 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
....Writ Petition Nos. 342 and 894 of 1989 heard together in support of his contention wherein a Division Bench of this Court in which one of us was a party held section 86 does not in any way confer any power upon the Registrar to decide any matter relating to election and that the Registrar's powe......he Rule is made absolute.
The Co-operative Societies Ordinance, 1984; Section 86
Section 86 of the Co-operative Societies Ordinance does not attract election disputes and as such the Arbitrator acted illegally and without jurisdiction in making the impugned award.
Coram Non-Judice
......il Mohammad, Advocates—For the Petitioner.
Fazlul Haque, AAG—For the Respondents
Writ Petition No. 591 of 1991.
Judgment
Md. Abdul Jalil J.— This Rule was issued calling upon the respondents to show cause why the award dated 26.2.1991 (Annexure‑1 to the petiti......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
.... 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
...... Elahi, Advocates—For Respondent No. 6
Writ Petition No. 273 of 1991 with Writ Petition Nos. 2341 and 2342 of 1991.
Judgment
Kazi Ebadul Haque J. - These three Rules are taken up together for disposal by this judgment as common question of facts and law are involved in those Rul......concern, represented by its proprietor manufacturing single phase electric meters in the country, is the petitioner in Writ Petition No. 2342 of 1991.
3. In these Rules the respondents have been called upon to show cause why they shall not be restrained from importing single phase electrical me......de items sufficiently produced in the country in the foreign aided agreements with list of such items produced in the country in sufficient quantity including electric meters. Cabinet Division in its meeting held on 6.12.87 decided that domestic electricity consumers will purchase their electric met..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....tement sent by respondent No. 6 Returning Officer in Form Dha (Annexure‑B). Section 21 of the General Clausen Act, 1897 reads as follows: "Where, by any Act of Parliament or Regulation, a power to issue notifications, orders, rules, or bye‑laws is conferred, then that power includes a ......ission and others..................Respondents Judgment February 27, 1992. Result: The application is rejected. Cases Referred to- Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137; Secretary of State Vs. Mask & Co.; Wolv......ahman J.—The petitioner Younus Chokdar who is a voter (being voter No.379) in Ward No.1 of Bhandari Kanda Union Parishad, Shibchar Upazila, District Madaripur, prays for issuance of a Rule Nisi calling upon the respondents to show cause why the declaration of result in respect of Chairman of B......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 ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....discriminatory in its application and effect upon persons employed in the services of Bangladesh and is inconsistent with Article 27 of the Constitution and, as such, is void and that the rule making power of the President contained in Article 133 of the Constitution does not extend to making such a......h the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others..........Respondents
Judgment
February 12, 1992.
Result:
This Rule is disposed of.
Cases Referred to-
Civil Appeal No.35 of 1987 (Mujibur Rahman Vs. Government of Bangladesh SP Sampath Kumar Vs......-General with Md. Delwar Hossain, Assistant Aiiorney‑Generat—For the Respondent Nos.1‑3.
Writ Petition No. 1374 of 1990.
Judgment
Md. Abdul Jalil J.-This Rule was issued calling upon the respondents to show cause why the order communicated by Memo. No. 21(8) Admn9/......
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
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