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AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......sion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......e capital assets is not a trading expense; rather it is a capital charge on the trustee. It is very difficult to precisely define what constitutes "Capital expenditure" and "Revenue expenditure". The nature of the expenditure is not the determinant factor in a given case as each factor is not decisi..Category: Fiscal/Taxation Law | Date: | Hits: 90
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......o legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......be declared as made without jurisdiction unless it can be shown that the proceeding of the Domestic Tribunal is vitiated by procedural defect. This is not present here in this case. In view of the nature of the order impugned we do not find any merit in this rule and we are not called upon to dec..Category: Labour and Industrial Law | Date: | Hits: 115
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......he trial of those accused persons by the Magistrate and the hearing of the appeal by the Sessions Judge, Feni, are absolutely without jurisdiction. 8. In my opinion a Magistrate should examine the nature of the allegations and if he finds that the jurisdiction to try an offence is vested in Villa..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......to the rent receipts which Mr. JN Dev terms as documents of title filed in support of the plaintiffs claim to title. 23. Ext.1 is a rent receipt for the year 1360 BS dated 29.9.1953 bearing the signature of the issuing authority, Manager, Baraura Tea Company Ltd. in the name of Md. Aslam. Ext...Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......osts. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......clause of r.35, which also deals with delivery of actual possession, enables the Court to direct the removal or opening of any lock or bolt or breaking open of any door or doing of any act of similar nature for putting the decree‑holder in possession of any building or enclosure when the person in..Category: Civil Law | Date: | Hits: 89
Government of BanglaÂdesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......ase is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... other hand, is acting for the beneÂfit of his principal and the remuneration or Commission, as the case may be, for the service of the agent will be decided as per terms of their conÂtract and the nature of the business. Such agency is found upon a contract, either express or implied. 9. Secti..Category: Business or Commercial Law | Date: | Hits: 267
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......e submissions made by Mr. Nurul Amin, learned Advocate for the appellants that amendment of the plaint may be allowed at any stage of the proceedings and the proÂposed amendment would not change the nature and character of the suit, rather it is necessary for the purpose of determining the real que..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......se is also Reported in: 44 DLR (HCD) (1992) 31. ....... The plaintiff has failed to produce any evidence to show that for such an action of the principal which has got a criminal liability the agent defendant No.3 will be liable. This action of criminal nature is an action in personam, not in rem. Mr. Hafizullah submits that there is nothing to show th..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......s Case is also Reported in: 44 DLR (HCD) (1992) 28.......s regard and passed the impugned decree ex parte. He further submits that the learned Court of appeal below further committed an error of law in remanding the case although the law does not permit in nature of present appeal to make such order. He continues to say that the learned appellate Court ou..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......e Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Bangladesh Mukti Judda Kallyan Trust…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 199......it would cause irreparable loss and injury to the person asking for the same and this is done to maintain status quo ante and is done by undoing what was done illegally in a pending suit changing the nature and character of the suit land and its possession and is always done to restore back the posi..Category: Property Law | Date: | Hits: 389
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......o costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......e enquiry in question. But there are many cases where, although tribunal had jurisdiction to enter on the enquiry it has done or failed to do something in the course of the enquiry which is of such a nature that its decision is a nullity or it may have given its decision in bad faith. It may have ma..Category: Criminal Law | Date: | Hits: 88
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......ed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......do right to all manner of people according to law, withÂout fear or favour or ill will. Thus there is nothing in the oath of office which warrant a Judge in ignoring the rule relating to the binding nature of precedents which is being uniformly followed. What is more, instead of protecting the Cons..Category: Constitutional Law | Date: | Hits: 247
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......ssage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......ng the judgment of the report Hamoodur Rahman, CJ addressed himself in the following language:
"It is clear from the above that the right considered sufficient for maintaining a proceeding of this nature is not necessarily a right in the strict juristic sense but it is enough if the applicant dis..
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......ate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......te for the petitioners submits that the Courts below have failed to do justice by not taking into consideration the joint ownership of the suit land by members of the same family and also the ejmali nature of the suit land. It would have helped the Courts to weigh the balance of inconvenience cause..Category: Property Law | Date: | Hits: 101
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....the condemned accused Nurul Hoque was very strained. He has further submitted that the statement of accused Semona recorded under section 164 CrPC Ext. 2 is not a confessional statement because it is exculpatory and therefore not admissible in evidence under the law. It has been further stated that ......nection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......aroga did not find anybody in that house. Daroga recovered from the house one sari and a red blouse and seized these and he is a witness in the seizure list. He identified the seizure list and his signature. In cross‑examination he stated that he did not know who also saw the clothes that were sei..Category: Criminal Law | Date: | Hits: 76
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......rent, etc. to the Government regularly. By Annexure 'B' being memo No. section 10 Suk‑533/79/633 dated 21.8.85 respondent No.1, Government of Bangladesh in the Ministry of Public Works under the signature of their concerned Section Officer issued the letter offering to sell the disputed house to t..
Category: Property Law | Date: | Hits: 86
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......out however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......azi Shafiuddin J.- In Writ Petition No.368 of 1991, 40 petitioners joined together and obtained the Rule challenging the validity of the impugned order (Annexure F) dated 31.12.90 issued under the signature of the respondent No.1 and the impugned proceeding pursuant to which the said order was made...
Category: Others | Date: | Hits: 153
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....He thus corroborates the involvement of the accuseds in the commission of the offence. Nothing could be elicited by way of cross‑examination from these prosecution witnesses which can be said to be exculpatory circumstances sufficient to cast a reasonable doubt about the statements of these prosec...... is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......h him. The OC along with the informant and others went to the house of Matbar Ali and recovered those three dead bodies. 5. P.W.1 Abdul Mannan proved the First Information Report Ext. 1 and his signature Ext. 1/1. It is stated in the FIR that there were marks of blood stained earth on the road th..Category: Criminal Law | Date: | Hits: 111
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......tition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ...... if a hospital is run as business in commercial way there may be found element of industry was noticed by AIR 1975 (SC), 2032 and the principle was reiterated that it must be economic activity in the nature of trade or business so as to make it an industry. The Cholera Research Laboratory has been s..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... 34 DLR (AD) 29; 15 DLR at page 188; 21 DLR (SC) 448, 35 DLR (AD) 216, 37 DLR (AD) 205; 38 DLR (AD) 201 (232); 21 DLR (SC), at page 450; 19 DLR 176; 36 DLR at page 81. Lawyers Involved: Nizamuddin Haider, ABM Golam Majid and Kazi Shamsuzzaman, Advocates ‑ For the Appellants. Muhammad Abdu......subsequent purchase by Ramani Sundari and the plaintiffs also failed to prove their own possession in the suit land. It may be pointed out that the learned Subordinate Judge did not discuss as to the nature of the possession of the suit land. In paragraph 2 for the plaint it is stated as follows :â€..Category: Property Law | Date: | Hits: 70
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