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....nistralion is not bound to execute and register any deed of transfer or lease in favour of the plaintiff Unnayan Parishad and can use the land for the best utilisation for the Railways. The defendant claims that the suit of the plaintiff Unnayan Parishad is liable to be dismissed.
4. At the tim......ppeal at the instance of the Plaintiffs is directed against the Judgment and Decree dated 29.8.85 passed by the learned Subordinate Judge, Narshingdi, in Title Suit No. 85 of 1985 dismissing the suit for specific performance of contract.
2. Facts out of which the present appeal arises, in short......istry of the Government is estopped from challenging the validity of the contract concluded with the plaintiff. In view of the nature of the project of eradicating local unemployment, compensation in money would not be an adequate relief to the plaintiff.
19. We have gone through the impugned j..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
.... IRO Case did not pay the said wage to the petitioner of that case who is the respondent No. 2 in Writ Petition No. 68 of 1988. As such, he filed IRO Case No. 78 of 1984 before the First Labour Court claiming minimum wage of Taka 400.00 per month with effect from 1st July, 1979 from which minimum wa...... the respondents in the said IRO Case did not pay the said wage to the petitioner of that case who is the respondent No. 2 in Writ Petition No. 68 of 1988. As such, he filed IRO Case No. 78 of 1984 before the First Labour Court claiming minimum wage of Taka 400.00 per month with effect from 1st July......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....g the period 1.7.1980 to 30.6.1981. Such post‑dated agreement can have no validity in the eye of law as it was not executed during the accounting year under review as per decision dated 17.11.79 as claimed by the assessee‑ company". So far as the first contention of Mr. Huq is concerned, my........................................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......e assessee and the profit it earned was its profit and is taxable in the hand of the assessee. ....................(9) As the surplus, in the instant case, did not remain "in one passage of money in the form of one son of income," if even accepted, the same money entered in another pa..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....is contrary to the decision of the Appeal and Arbitration Committee duly affirmed by the Board and therefore this Annexure‑I is without lawful authority. Then the petitioner Shamsun Nahar Awal also claimed that the Annexure‑I is malafide as the copy of the impugned order to the Private Secretary......ntiae. In the instant case, the Petitioner having obtained a right to join her post since there was a resolution both of the Appeal and Arbitration Committee and the Board reinstating her to her former post and that right cannot be taken away by the mala fide and motivated letter of the Board t......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....e against all the accused persons under Sections 395/397 of the Penal Code on 5.2.89. The said charge was read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried according to the Law. At the time of trial, in Order to establish the said charg......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) ......the light. Accordingly, the driver stopped the bus and put off the light. Then, approximately 9/10 unknown dacoits who were within the bus in the guise of passengers committed dacoity and looted away money and other articles of the passengers, in all worth Tk. 30,945/= and it occurred at about 9.45 ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e allegation of the said bank financing project and not equity participation and they have backed out illegally causing a huge loss to the petitioner. Another notice thereafter was served on the bank claiming Taka 62.4 crore as damages from the said Bank and another notice was served by the petition......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......ernment of Bangladesh in which the material allegations have been denied and it is asserted that the Dialogue Publication Ltd. along with the co‑partners of the project had borrowed a big amount of money from Al‑Baraka Bank Ltd. and amount with its interest comes to Taka 19,35,88,000.00 and it i..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... and D (3) respectively. After the liberation of the country on 16Lh December, 1971 during the abnormal situation which followed the petitioner was dispossessed from the said property. The petitioner claims that he made several representation to different authorities including Deputy Commissioner, S...... The Rule is made absolute. Issue framed or decided on Merit Since an issue was framed by the Court and judgment declared it ought to have decided the issue on merit and not dismissed it for non‑prosecution. The court could either frame the issue and decide it on merit or dismiss the ......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
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. ......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......tate. A criminal case No. 382‑A1/92 is instituted against him along with other Directors of BCI Ltd. and it was not possible to take proper legal step immediately for realising the huge amount of money which the detenu grabbed along with other Directors of BCI Ltd. and the detenu by violating th..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....ment Order dated 23.7.66 is annexure C to the petition. There arc 475 Sub-Registry Offices all over Bangladesh and 475 non-Government posts of Tax Collecting Muharrars. The petitioners have claimed that all of them had been appointed from extra‑Muharrars otherwise known as copyists (Naka...... 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
....t No. 298 and that to its south lay the land of CS plot No. 279.
6. At the trial 3 P.Ws. and 2 D.Ws. were examined and the parties put into evidence some documents in support of their respective claims. The learned Munsif on discussion of evidence held that the land claimed by the defendants be......;……Opposite Party
Judgment
June 23, 1992.
Result:
The Rule is made absolute.
Notice under section 152 of the Ordinance is a pre‑requisite in all circumstances for institution of a suit against the Paurashava for anything done in official capacity and that the......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
..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
.... for another auction if the rest 50% of the auction bid money is not paid positively within seven days from the day of auction. This condition excluded specifically any show cause notice which is now claimed by the petitioner and also excluded any explanation for its cancellation which is now stated......ure and thus cannot be the basis of a cause of auction under Article 102 of the Constitution. Further, like all contracts waiver must originate from an agreement, must be lawful in nature and hence enforceable in law. An agreement which is illegal by itself cannot be enforced and as it cannot be enf......ted 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 against DCR No. 0046287 dated 24.4.91 i..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....t account for the said 11000 galons of superior kerosene oil in the records of Santahar Locoshed. It is also the case of the prosecution that consignee Mr. Abdur Rahman of Rahmat Bhander then filed a claim petit, on for Taka 1, 30,000.00 for non‑receipt of the consignment. Over that matter an Enqu......visional Special Judge found these appellants guilty of the charge under Sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced them to suffer rigorous Imprisonment for two years with a fine of Taka 5,912.00 each, in default to suffer SI for two months more. 2......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ..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: ........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......re he released two of the persons on the intercession of some people but kept the other two in wrongful confinement until the morning and released them only on one of them paying him a certain sum of money. He was charged with offences of murder, extortion and wrongful confinement. It was held:..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....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 ......ted against two orders, one dated 17.4.90 and the other dated 12.5.90 passed by the learned Subordinate Judge, Commercial Court No. 1, Dhaka in Title Suit No, 280 of 1989 in respect of an application for permission for sale of the pledged goods during the pendency of the suit. 2. Short facts gi......ng rise to this Rule may be stated as follows: The opposite party Bank as plaintiff instituted the above suit in the aforesaid Court against the defendant petitioners for realisation of its loan money to the tune of Taka 42,60,898.7 and in default for selling out the mortgaged property being Ho..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....iness of the assessee.
2. The respondent-assessee is a public limited company and carries on business in distribution of gas. 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 Ac......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......lso reinforced by the observation made in Tennant Vs. Smith 3 TC 158 wherein Lord Halsbury at page 157 of the report said "the thing sought to be taxed is not income unless it can be turned into money". Lord Watson said at page 159 "I do not think that it comes within the category of ..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....cussion and understanding, the above sections are quoted below: Section 10. Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition of ......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 ......ted and registered an ekramama in favour of the said vendor Musim Ali, proforma defendant No. 3 on the same date to the effect that if the said vendor Musim Ali would pay back the above consideration money to the vendees i.e. defendant petitioner and Moyenuddin (Defendant No.2) within 25 years, they..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....grounds that the impugned Gazette notifications do not attract the disputed properties which belonged to the petitioner and secondly that in the circumstances of the case, if the Government wanted to claim title in the property in question it could only do so by way of appropriate suit for declarati...... of the petitioner Aftabuddin Ahmed, the Gazette notification No.Sec 140/65/8 EPS dated 7.1.66 and sec. III/IV‑9/67/271 EPS dated 6.5.1967 and also the notice dated 10.3.81 issued to the petitioner for his summarily eviction from the properties described in the said notice Annexure G purporting to......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.
..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....ainst the defendants. Subsequently the 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 ri...... Akhtar and Others................Opposite Parties Judgment February 5, 1992. Result: The Rule is made absolute. Code of Civil Procedure (V of 1908); Order 6, rule 17 Before allowing any amendment or alteration of the pleading, whether the Court must came to a finding ...... 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 ..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....tioner for a period of 3 years from 1398 BS at an annual rent of Taka 17,56.250.00 provided that the petitioner withdraws Writ Petition No. 1149 of 1989 and also provided that the petitioner will not claim any damage against the Government and in future will not ask for any extension of the period o......
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 ...... 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......the suit premises. The petitioner released rent up to March, 1983 and thereafter he did not approach the opposite party for realisation of monthly rent presumably because he owed a substantial sum of money to the opposite party. The opposite party requested the petitioner in the last week of October..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
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