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....tate as appended to the writ petition, the approved plan of the house of the petitioner and the allotment letter by which petitioner's plot was leased out to him by the Works Housing/Settlement Department and also other papers on record, submitted that the master plan would clearly show that the......
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
......
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)
....sed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 43 of 1984. 2. Plaintiff Mr. AKM Bashirullah filed Title Suit No. 43 of 1984 in the First Court of Subordinate Judge, Dhaka for partition of their ejmali properties by metes and bounds. The plaintiff's case is that the prope......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. ......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
....been regularly working in the said post on daily wage basis upto 4.2.81 when he was appointed as Tax Collecting Muharrar of Tejgaon Sub‑Registry Office, a non‑Government post under Registration Department. Annexure A to the petition is the appointment letter as Tax Collecting Muharrar. The petit......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.
......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
....s him from the property.
4. The Paurashava contested the suit by filing written statement denying the material allegations made in the plaint and contending, inter alia, that the suit land was a part of CS Plot No. 279 (0.40 62 acre) appertaining to Khatian No. 670 belonging to the Paurashava a......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
......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
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....to utilise or incur expenditure in respect of lump sum grant allocated for the purpose in the Budget; and (g) subject to any direction issued in this behalf by the Central Government, to frame departmental, financial and accounting rules and procedure." 4. Petitioner Shamsur Rahman Kh......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 ......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)
.... Bangladesh & others.............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......in and the respondent is estopped under the law of promissory estoppel to cancel the petitioner's lease. The petitioner did not violate any of the terms and conditions of the lease deed, that for payment of rent for 1399 BS within period the petitioner tried his best and he is still willing to p......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)
....urther case of the contesting respondents that the rented premises was seriously damaged by the devastating flood of September, 1988 and the house was under lock and key of the petitioner since first part of February, 1988 and he was also defaulter in respect of payment of rent since January, 1987 s......ses was seriously damaged by the devastating flood of September, 1988 and the house was under lock and key of the petitioner since first part of February, 1988 and he was also defaulter in respect of payment of rent since January, 1987 so the petitioner was liable to be evicted from the rented premi......99, Puranbazar, Madaripur. The petitioner was a tenant in the said holding under respondent Nos. 5 and 6 on monthly rental basis since 1981. He imported the said printing machine from China by taking loan from the Government in month of December, 1988. The petitioner went to his village home keeping..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....the respondents on the said finding alone. 2. In order to appreciate the point as to misjoinder as aforesaid it is necessary to state the facts of the case as they have emerged after hearing the parties and perusal of papers and documents. It does not appear from the impugned judgment that the ......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: ......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: ..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....989 in respect of an application for permission for sale of the pledged goods during the pendency of the suit. 2. Short facts giving 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 petit......oners however appeared and prayed for some time for filing written statement to contest the same and meanwhile they paid a sum of Taka 21,00,000.00 to the plaintiff‑opposite party Bank towards re‑payment of the loan money. The Court however fixed 15.3.90 as the date for filing written statement ...... giving 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 bei..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....dian Income Tax Act, 1961. As these decisions are on interpretation of law quite different from our law they are not of much assistance to us as the Income Tax Act, 1961 of India has made a drastic departure from the old 1922 Act.
5. Section 10(1) of the Act deals with assessment of tax on inco...... XI of 1922)
Section 10(4)(d)
In order to qualify "salary" within the meaning of Explanation‑I of section 10(4) (d) the expenditure must be incurred under any legal obligation, payment must be made in terms of the agreement, the expenditure also must not enter into the computa......titled to allowance with respect to interest paid as a whole on the capital borrowed for the purpose of doing business under section 10(2) (iii) of the Act irrespective of the fact whether the entire loan amount was utilized or not…................(8)
Cases Referred to-
Bishambar Da..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....nsif, 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 as follows: The opposite parties 1‑5 as plaintiffs instituted the above title suit for specific performance of a contract a...... 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
....om the Government, Ministry of Food under Memo No. 1327 dated 25.7.75 and then he installed the requisite machinery at huge cost and got recognition as an Industrial unit from the Director General, Department of Industries, Government of Bangladesh vide Memo No. IP/PP/91 (10831)/83/505 dated 8.3.84.......reafter the petitioner mutated his name in the khatian vide order dated 19.8.72 passed by CO (Rev), Kotwali, Sylhet and he was continuing to be in possession thereof as exclusive owner of the land on payment of rents to the Government and Taxes to the Municipality. He also raised Bank Loan for his b......for India during Indo‑Pak war in 1965. Thus the petitioner had no right, title and interest in the property by virtue of his payment of Municipal or any other taxes, nor could he legally obtain any loan by mortgage of the land; nor did he ever file any application for loan to the officer concerned..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....l Huq has referred to an unreported decision made in 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 r......airman of the Managing Committee of Bangladesh Jatiya Palli Unnayan Samabaya Federation void on the ground that the petitioner was disqualified to contest the election being a defaulter in respect of payment of loan of the society. The petitioner was not a defaulter but he was wrongly described as a......he Managing Committee of Bangladesh Jatiya Palli Unnayan Samabaya Federation void on the ground that the petitioner was disqualified to contest the election being a defaulter in respect of payment of loan of the society. The petitioner was not a defaulter but he was wrongly described as a defaulter ..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....stries after the release of 43092 single phase electric meters imported for 14 Town projects, that ban on import of single phase 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‑fa...... 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
......lectric meters.
13. It is further contended that including the single phase electric meters in the project proforma of the aforesaid projects of the respondent Nos. 5 and 6 and ultimately in the loan agreements with the foreign donors in spite of repeated directions of the Government not to inc..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....this Writ Petition, refers to Article 11 of Part 11 (Fundamental Principles of State Policy) of the Constitution which provides, inter alia, that the Republic shall be a democracy in which (effective participation by the people through their elected representatives in administration at all levels sh......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 ......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
....
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
......
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
......
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
....een passed without any lawful authority and to be of no legal effect.
2. Khaliajuri Thana Central Fishermen's Co‑operative Society Ltd. filed an application on 7.7.91, for being added as a party on the ground that the said society also applied to the Government by application dated 18.5.9......l authority.
5. In the case of Lutfu Hiah Vs. Government of Bangladesh and others, 1981 BLD (AD) 105 it has been held that the right of the party who has got delivery of possession of fishery on payment of the necessary premium cannot be taken away arbitrarily and it has been further observed;
......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
....t be declared to have been passed without any legal authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi briefly be put thus:
Sekendar Ali Howladar, figuring as a 1st party, riled a case under section 34 IRO 1969 with a prayer for direction to the 2nd party petitione......ature and character of a service of a Godown Keeper.
Further there is a total lack of' evidence to substantiate the contention that the petitioner with the delivery of the pledged goods on repayment of loan the services of the godown keeper of a particular godown ever came to an end in the ......haracter of a service of a Godown Keeper.
Further there is a total lack of' evidence to substantiate the contention that the petitioner with the delivery of the pledged goods on repayment of loan the services of the godown keeper of a particular godown ever came to an end in the past automa..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....ion No. 1228 of 1990. Judgment Mohammad Badruzzaman J. — This Rule was issued, on an application under section 25 of Small Causes Courts Act, 1887, calling upon the defendant opposite party to show cause as to why the impugned judgment and decree dated 29.5.90 passed by the Subordina...... be paid within 7 days of the next following month. The opposite party started business of workshop for repairing Baby taxies, etc. in the suit premises. The opposite party is a habitual defaulter in payment of rent and through neglects and latches, he paid rent up to March, 1983 and thereafter defa......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
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
..... DC Wadhwa and others Vs. State of Bihar, AIR 1987 (SC) 579 in support of his submission. 8. Mr. Asrarul Hossain also submits that it is the petitioner which was recognised by the Government as part of the award-making process treating it as the only representative of the newspaper owners. The......ct, 1974 (Act No. XXX of 1974), shortly the Act, as unconstitutional and (b) the constitution of the Fourth Wage Board and the interim award dated 30.12.90 given by the Fourth Wage Board in so far as payment of dearness allowance, gratuity and income-tax is concerned, in Writ Petition No. 383 of 199......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. ..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
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