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....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
......aka...........................Petitioner
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 a......tilization of capital borrowed. Where an assessee satisfies the requirements of clause (iii) he is entitled to the entire amount of interest paid on the borrowed capital. Accordingly, we hold, on the facts of the present case and in view of the finding of the Tribunal, that the assessee is entitled ..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... 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 ......hat in the instant case, the vendor has not restricted the vendees in the suit‑land in their purchase, but the vendees restricted themselves in the enjoyment of their absolute right in the lands in question by putting a restriction on its transfer to any 3rd party other than the pro‑defendant No......ntitled? 4. The learned Munsif decided issue Nos. 2 and 3 in favour of the plaintiffs. Then he took up the issue Nos.1, 4 and 5 together for convenience of discussion and on consideration of the facts of the case and the evidence on record and the relevant provisions of law came to the finding ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....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.
......te 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 declaration of tide and cancellation of ......t Petition No.14 of 1979 in which their Lordships observed:
"the respondents to take any legal action in the matter in accordance with law."
The respondents maintained that in the facts and circumstances of the case, this Rule should be discharged.
13. The main grounds urged..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
.... 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
......
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 Rules.
2. Bangladesh Electrical Association, an......on 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 Rules.
2. Bangladesh Electrical Association, an association..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....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 ......ion Parishads) Ordinance, 1983 is the relevant statute by which the Union Parishads have been set up and in die said statute the voters of any Union Parishad has not been given any statutory right to question the election of the Chairman and members of any Union Parishad. Right to vote and the right......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
...... remedy against the alleged violation of the terms and condition of service in fixing seniority lies with the Administrative Tribunal established under Article 117 (1)(a) of the Constitution. So, the question has arisen as to whether this Court has jurisdiction to entertain the petition in view of A......judgment passed in that case abated when a Civil Appeal by certificate under Article 103(2)(a) of the Constitution against the said judgment was pending before the Appellate Division.
18. In the facts and circumstances as discussed above, we hold that the Mujibnagar Employees (Conditions of Ser..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... 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 ......r alteration is necessary— Before allowing any amendment or alteration of the pleading, the Court must come to a finding that such amendment or alteration is necessary for determining the real question in controversy between the parties and further that such amendment or alteration does not c...... an order dated 24.12.88 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No.183 of 1991 allowing the plaintiff's prayer for amendment of the plaint. 2. The shorts facts for disposal of the Rule are as follows ‑ The opposite party No. 1 as plaintiff institu..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
....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
......e any vested interest in the fishery.
9. On the grounds stated above the Rule is made absolute but without any order as to costs and the petitioner is directed to pay the rents of the fishery in question for the years 1399 and 1400 B8 in time according to the terms of the lease deed.
Let a......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
....ther, it does not appear the respondent Howladar was appointed Godown Keeper under Pubali Tannery with fresh appointment.
11. The case as set up in the Writ Petition No. 959/1977 (unreported) is identical with the present Writ Petition No.195 of 1987. In that Writ petition Godown Keeper of the ......se by filing written statement. The main contention as set out in the written statement filed by the Bank authority is that 1st party Sekendar Ali Howladar is not a permanent worker and, as such, the question of his getting facilities does not arise at all. According to the Bank Authority, the 1st p......als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
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 ......cumulation of arrears of rent which was accepted by the landlord without objection. Mere acceptance of arrear rent is not sufficient to constitute waiver. The learned SCC Judge has not dealt with the question of waiver so as to bring out the opposite party from the category of habitual defaulter. In...... Ltd. reported in 40 DLR (AD) 89 and the case of M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain reported in 40 DLR (AD) 109 in support of his contention that the opposite party, in the facts and circumstances of the case, cannot invoke the plea of waiver. 11. In the instant case ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8.......ank, that balance shown in the letter of the Agrani Bank tied 12.5.91 (Annexure‑Y) reflects the position of dues of the petitioner as on 31.12.90, that there was no inaccuracy in the publication in question as the petitioner undisputedly and admittedly actually owed the said sum of Tk. 3,89,763/31......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8...
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....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. ......titution. It held that the petitioner has no direct personal interest in the Act or in the implementation of the Wage Board award. "It is not liable to pay anything to anybody under the award in question but it is the, owners of the individual newspaper who are pay and they are actually aggriev......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
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......umbhan Lakshmanna and others Vs. Thugirala Venkateswaria, reported in 2 DLR (PC) 83. Fromthe reading of this decision it becomes clear that where no difficulty arises in arriving at a conclusion, the question respecting onus recedes to the background but where court finds it difficult to make up its......d reversing the judgment and decree dated 24.7.81 and 29.7.81 respectively, passed by the Subordinate Judge, Manikganj, in Title Suit No.125 of 1981, dismissing the suit on contest. 2. The short facts leading to the Rule are: The opposite parties as plaintiff instituted a suit for specific..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....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.
......hat the petitioner is a duly registered co‑operative society of genuine fishermen; that the respondent No.5, Kabirajpur Union Matsyajibi Samabaya Samity Ltd. had never taken lease of the fishery in question; that after expiry of the previous lease the fishery in question was put to auction for sev......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.
..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......or to be less than 18 years, is to be the basis. 5. Mr. Khandker Mahabub Hossain, the learned Advocate appearing for the opposite party, on the other hand, submitted that in the instant case the question is not a question of juristic status of a party but an age referable to the provision of th......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......r showed his appearance in the suit by false personation and that during liberation movement said Qumrul Hoque left Bangladesh with members of his family and did not return back and so the holding in question vested in the government as an abandoned property.
7. Mr. Mahfuzur Rahman, learned Advoc......produced before the Court of Settlement save and except the verbal submission of the learned Advocate appearing for the state.
15. Be that as it may, without entering into the disputed question of facts, it may be said that even not a scrap of paper showing that the said property was taken over a..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....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. ...... (From the judgment and order dated 14.12.1988 passed by the High Court Division, Comilla Bench in Criminal Appeal No. 137 of 1988). Judgment: Latifur Rahman J.- This appeal calls in question the judgment of the High Court Division, Comilla Bench, passed in Criminal Appeal No. 137 o......le Judge of the High Court Division ought to have exercised his judicial discretion in the matter of granting bail to the appellants. The judicial discretion having not been properly exercised in the facts of the present case, we set aside the impugned order and allow the appeal. Consequently,..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......st of arms as exemption to the rule in the notification, it is difficult to ascertain whether the petitioner enjoys the exemption from having licence in respect of all the arms seized. This being the question of fact, we are not inclined to embark upon further discussion and determination of the sai......ion and, accordingly, the matter was fixed for hearing with the consent of Mr. Kazi Shahadat Hossain, the learned Advocate for the petitioner and it was taken up for hearing on 13.2.1991. 3. The facts of the case are that Mr. Md. Shamser Alam, Deputy Police Commissioner, (North) Dhaka lodged in..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......to be restored to her parent. 9. In the instant case there is no dispute that according to the FIR dated 3.8.88 and the medical report dated 23.1.89 the victim girl is over 16 years of age. The question before us is whether she (being not an accused in the case) be kept in judicial custody and...... and why the victim girl Sumati Begum (petitioner) should not be given in custody of her husband or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to the present Rule are as follows: One Rafique Ullah, maternal grandfather..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure question of law such as whether the exercise of the power of the Coal Controller is beyond the power......sation of the responsibilities of his position in dealing with the question in which his opinion is final In matter of injunction, the court has always to consider, in the light of the attending facts and circumstances of each case in granting or refusing an injunction, the balance of convenien..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
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