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....;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 computation for pensionary or retirement benefits. The Explanation, takin...... 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......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
......
Present:
AM Mahmudur Rahman J
Syed J R Mudassir Hussain J
Commissioner of Taxes, Dhaka (South) Zone, Dhaka...........................Petitioner
Vs.
Titas Gas Transmission and Distribution Co. Ltd. Dhaka.......................Respondent
Judgment
April 23, 1992.
..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Suruj Mia & others………………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, repor...... 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 ......s. by way of reconveyance by kabala Ext. 1(B)". and accordingly by his judgment and decree dated 16.2.80 allowed the appeal on contest without cost, set aside the judgment and decree of the trial Court and decreed the suit for specific performance of contract on contest with costs against ......;………….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 Dayal Vs. Ghasita and ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
.... (HCD) (1994) 221
......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...... 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
......ellip;……………………Petitioner
[In Writ Petition No. 2342 of 1991]
Vs.
Bangladesh represented by the Secretary, Ministry of Industries and
others…………………….Respondents [In all ..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....ction of the said Union Parishad in respect of Chairman shall not be declared as void. 2. In paragraph 4 of the petition it has been stated by the petitioner that respondent No. 7 Md. Ali Akbar, son of Abdul Aziz, village Char Bhadrasan, who has been declared by the Election Commission elected ...... and the right to question the election are statutory rights. Relevant section 26 of the said Ordinance read as follows: "Election Petitions‑ (1) No election under this Ordinance shall be called in question except by an election petition under sub‑section (2). (2) Any candidate ma......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 ...... Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Younus Chokdar....................................Petitioner Vs. Election Commission and others..................Respondents Judgment ..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)
.... Chandra Dev...........................Petitioner Vs. Begum Sufia 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 amendme...... 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 ......s judicial mind to the facts and circumstances of the case and the relevant laws and the principles in the light of our above observations. As we have decided to send the matter back on remand to the trial Court for re‑hearing and for rewriting a proper judgment and order, we do not like to make o......p; ..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....ab (Md.) Ali …………….................Petitioner 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 o......ged contract. Though, according to the principle, the revisional Court will be slow in interfering with the judgment of the Court of appeal below which is the last court of facts, interference may be called for if the judgment of the court of appeal below is found to be not based on due consideratio......f 1981, the same was heard by the learned Additional District Judge, 4th Court, Dhaka, who after hearing the same waspleased to allow the appeal on contest with costsand thejudgment and decree of the trial Court having been set aside the suit was decreed with a direction that the defendant No.1 do e......rt High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....and to be of no legal effect.
2. The case of the petitioner Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman is, that it is a registered co‑operative society having registrative No.1527 dated 21.8.72 under the Co‑operative Society Act, 1940 consist......te of 30% instead of 25% above the previous year’s rent and to pay 15% instead of 10% higher rent for the remaining period of two years. The respondent No.5, Additional Commissioner, Dhaka Division called for a report from the respondent, No.4, in Appeal Case No.65 of 1989. The respondent No.4 Add......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......
Mainur Reza Chowdhury J
Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner
Vs.
The Secretary, Ministry of Land and others ..............Respondents
Judgment
May 30, 1991.
Lawyers Involved:
Subra..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....t the victim girl who is about 16 years of age and a first year student of the local College was called by the accused No.3 to his father’s house after dusk. The victim girl did not return in time, so informant’s son inquired about her sister at different houses but did not find the girl there, ......nt) Ordinance on 1.11.89 against the accused opposite parties namely Md. Shahid and others alleging that the victim girl who is about 16 years of age and a first year student of the local College was called by the accused No.3 to his father’s house after dusk. The victim girl did not return in tim......r and judgment we do not find any illegality with the order of the learned Court below to interfere in exercise of our revisional jurisdiction. 12. In the result this rule is discharged. Let the trial continue and come to an end as would be desired by both the parties. Communicate this ord......n: 45 DLR (HCD) (1993) 26. ..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....l Appeal No. 137 of 1988 refusing bail of the appellants. 2. The prosecution case, in brief, is that the accused appellants were caught by the Law Enforcing Agencies while trying to smuggle out some cloth of various origin across the border to India. On that allegation the accused-appellants w......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......43 DLR (AD) (1991) 121. ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....b) and schedule I and item 1(a) of the Table of the Arms Rules, 1924 and, therefore, the charge of retaining fire arms without licence does not lie against the petitioner and the allegations do not also come within the mischief of section 19(a) and (f) of the Arms Act. The learned Advocate also subm......sh a proceeding where, on the face of it, the FIR and the charge sheet do not disclose any offence but the instant case does not fall within such category of cases where interference at this stage is called for. 19. In the case of Bangladesh Vs. Tan Heng Hock reported in 31 DLR (AD) 69 their Lo......petitioner also could not show any such Gazette notification with regard to amnesty. Assuming that there was general amnesty for surrendering arms up to certain period it is to be seen at the time of trial as to whether the case of the petitioner falls within the immunity and the petitioner is entit......tate………………………………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....al grandfather Rafiq Ullah. Thereafter on 17.3.89 when victim girl Sumati along with her maternal grandfather Rafiq Ullah was coming from the house of the mother of Sumati Begum on the way accused persons kidnapped victim girl Sumati Begum by force and accused persons confined her for immoral purpos......e. On the basis of these materials the Sessions Judge came to the conclusion that victim girl Sumati Begum was a minor and gave her to the custody of her father. 4. The records of this case was called for and the same have been placed before us. Rafiquellah opposite party No.1 (maternal grandf...... the present case it has been stated above that prima facie at this state we take the view that she is a minor aged about 17 years born on 11.9.71. This view will not prejudice the other Party at the trial and the trial Court will be at liberty to determine the age on the basis of evidence. As the v....... Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada Datta Vs. Ministry of..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred to- Shaheda Masood Vohra Vs. The State and others, BCR 1987 HCD page 251; Dr. Nurul Islam Vs. Bangladesh, Ministry......een provided that "Except as provided in this Act, no order made, direction issued or proceeding taken under this Act, or purporting to have been so made, issued or taken as the case may be, shall be called in question in any Court, and no suit, prosecution or other legal proceeding shall he against......rector 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 of Taka 3,50,000.00 sanctioned by the then Industrial Development Bank of Pakistan by letter dated 5.7.67 on certain terms and conditions. Subsequen......dul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....e land belong 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 th......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. ......pposite Parties Judgment January 30, 1991. Result: The judgment and decree of the trial Court is restored. Cases Referred to- Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bo...... This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..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)
.... 31 registered kabalas for valuable consideration. By separate registered notices of attornment dated 22.9.1986 they informed the Corporation about the transfer of the suit premises. The plaintiffs also issued a similar notice of attornment on 30.7.1987. Defendant No.1 received that notice on 10. 10......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. ...... acquire any valid title. 4. The defendants' application for examining the, signature and thumb impression of the executants of the plaintiffs' kabalas by an expert were rejected by the trial Court on 1.11.89 by observing that there was no good reason for sending the documents for expe...... is also Reported in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
....9 and file a separate application for bail before the High Court Division. In the present case, the offence is under Section 323 of the Penal Code which is a bail able one and the sentence is also of a short duration When the appellants were already on bail granted by the lower Appellate Court...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......ction under section 323 of the Penal Code wherein the appellants were sentenced to suffer simple imprisonment for 4 (four) months and also to pay a fine. 2. The accused‑appellants were put on trial in an offence under section 323 of the Penal Code and the learned Magistrate convicted them to......LR (AD) (1991) 123. ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....al meeting as its annual general meeting. But no Annual General Meeting of the said Company and those of Board 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 ......ging Director. The original share script is still lying with the petitioner. The petitioner has also denied that all sponsor shareholders including the petitioner transferred their shares to the so‑called present shareholders as mentioned in Annexure C. In fact no transfer document was executed no...... 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. ......vil Jurisdiction) Present: Md. Mozammel Hoque J Md. Ismail Siddique.......................................................Petitioner Vs. M/s. Crescent Apparels (Private) Ltd. and others...............Respondents Judgment December 19, 1990. Result: The pra..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
.... In a wife‑killing case, from its very nature, there could be no eye‑witness of the occurrence, apart from the inmates of the house who may refuse to tell the truth. The neighbours may not also come forward to depose. The prosecution is, therefore, necessarily to rely on circumstantial evid......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......e reference and setting aside the order of conviction and sentence passed against the respondents by the Additional Sessions Judge, First Court, Pabna in Sessions Case No.300 of 1982. 2. At the trial P.W.1 Moked Ali, the informant, stated the prosecution case. His daughter Meherunnessa was mar......al J Latifur Rahman J The State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......Appellant Vs. Md. Shafiqul Islam alias Rafique and another........................Respondents Judgment December 12, 1990. Result: ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....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 hig......mbent'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 higher post, but that cannot be called a reduction in rank per se. The uninterrupted service rendered by the respondent for about fi......s due (a non-availability of qualified hand; that every IMS required to qualify through competitive examination and that the plaintiff appeared in the competitive examination, but failed. 6. The trial Court dismissed the suit. It held that no clerk could be promoted to the cadre of IPO without ...... be any promotion to 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..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....20 decimals of suit land by gift of 6 pies share, confirmation of possession or recovery of possession if dispossessed during the pendency of the suit and for permanent injunction. 3. There are some admitted aspects of the case. The suit land, along with other lands, belonged to two brothers A......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......ry Mr. Khandker very far. Admittedly, the plaintiff's case is that defendant No. 10 inherited 6 pies share in her husband Abdul Hashim's property after his death, not during his lifetime. The trial Court finds that in TS No. 1 of 1962 it was held that the defendants of that suit dispossessed......Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Kamal J Latifur Rahman J Tayeb Ali................................Appellant Vs. Abdul Khaleque and others.... Respondents Judgment November 27, 1990. Result: The appeal is d..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
.... 2. Plaintiff filed the suit for recovery of Taka 15,391.20 paisa against the defendants, Bangladesh Railway for the price of lost goods. Plaintiff who is a cloth dealer of Sherpur town purchased some Khaddar Shirtings and Chaddars of different varieties from Comilla town through his employee Na......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......hat if theft would have been committed in a running train then the thieves could not have taken only this particular parcel leaving aside other items of goods which were in the luggage van. Thus, the trial Court as well as the lower appellate court disbelieved the material witnesses of the defendant......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment November 19, 1990. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
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