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Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....n for permission for sale of the pledged goods and in fact the impugned order has been passed ex parte behind the back of the defendant‑petitioners in utter violation and disregard of the mandatory provisions of law, namely section 176 of the Contract Act to the serious prejudice of the defendantâ......o sell out the pledged goods i.e. the turbine pumps during the pendency of the suit and as such the application seeking permission from the Court for such sale is improper, illegal and incompetent in law. Nextly, the learned Advocate has submitted that the impugned order dated 12.5.90 is wholly bad ..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....ellip;…………
“ (d) any allowance in respect of so much of the expenditure incurred by an assessee on the provision of perquisites or other benefits to any employee as exceeds fifty percent of the salary of......tion of section 40(c) (iii) of 1961 Act. Other cases cited by Mr. Bhuiyan are also on interpretation of section 40(c) (iii) of Indian 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 o..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... 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 that the vendor pro‑defendant No.3 has had no right to trans......ns made in the plaint. It has been further stated in the written statement that the pro‑defendant No.3 the vendor is the uterine brother of the defendant No. 1, and defendant No.2 is the son‑in‑law of defendant No.1's brother; that when defendant No.3 sold out the suit‑laid to the defend..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....ministration and Disposal Order, 1966," It was correctly observed by Chief Justice Siddiky (Abdul Hakim, J agreeing), who was incidentally a party to the judgment under appeal, on construing the provision of Rule 192 of the Defence of Pakistan Rules, in the case of Ananda Mohan Kundu and others......ct restoration of the properties to the petitioner, with an observation that, "this however will not stand in the way of the Respondents to take any legal action in die matter in accordance with law" In pursuance of this decision, the property was restored to the petitioner by an order of ..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....inance. 1984 provides for referring any dispute touching the business and affairs of the co‑operative society or of the liquidation of a society to the Registrar for certain matters but there is no provision for referring the election dispute to the Arbitration and, as such, the whole proceeding b......ling upon the respondents to show cause why the award dated 26.2.1991 (Annexure‑1 to the petition) declaring the election of the petitioner as void, should not be declared to have been made without lawful authority.
2. The case of the petitioner is that he as a member of Kalagachia Krishak Sa..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
....n was communicated to the local manufacturers by memorandum dated 29.9.88 (Annexure‑D).
7. Pursuant to the above decision the Government in its import policy order 1989‑91 declared under the provision of section 3(1) the Imports and Exports (Control) Act, 1950 published in the Bangladesh Ga...... 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 of dealer..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....andidate could not be challenged under Article 102 of the Constitution but when the candidate after being elected assumes the office of chairman or other public office, then any person can invoke the provision of sub article 2(b)(ii) of Article 102 requiring him to show under what authority he claim......o. 6 and published in the official Gazette (Extraordinary) dated 10.2.92 (Annexure-C, page 845) by respondent No.1 the Election Commission, Bangladesh should not be declared to have been made without lawful authority and to be of no legal effect and why the election of the said Union Parishad in res..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....le's Republic of Bangladesh in exercise of the power conferred by Article 133 of the Constitution and as such it has the force of law and is valid and the said Rules are not inconsistent with any provision of the Constitution. The said Rules were framed in recognition of the legitimate rights of......lling upon the respondents to show cause why the order communicated by Memo. No. 21(8) Admn9/89/337 dated 10.6.90. Annexure E to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Thereafter, on an application for amendment, the pray..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
....e, it is difficult to hold that the learned Subordinate Judge has passed the same with proper application of his judicial mind to the facts of the case for amendment of the plaint on the basis of the provisions of Order 6 rule 17 of the Code of Civil Procedure which runs thus‑ “17. The ......ll a speaking order and the same has been arbitrarily and illegally passed by the learned Subordinate Judge, without applying his judicial mind to facts and circumstances of the case and the relevant laws. Hence, the same cannot be sustained in law. He has further submitted that the proposed amendme..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
......ed Memo No. Bhu: Ma: 7‑Netro‑1/91/262 dated 19.5.91 issued under the signature of Assistant Secretary of the Ministry of Land (Annexure‑A) should not be declared to have been passed without any lawful authority and to be of no legal effect.
2. Khaliajuri Thana Central Fishermen's Coâ€..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....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.
...... get all as permanent worker allowing him facilities that are available to permanent worker of a Bank. The learned Chairman of the Labour Court on consideration of the evidence on record and relevant law point involved in that case carne to the finding that Azaduddin, the Godown Keeper of Rupali Ban..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....rom the monthly rent. The petitioner sought eviction of the opposite party primarily on the ground of habitual default in payment of rent and his bona fide requirement of the suit premises for making provision for employment of his unemployed sons after reconstruction of the entire structure of the ......iving a notice to quit on the tenant in the manner prescribed under section 106 of the Transfer of Property Act. The Premises Rent Control Ordinance has made substantial encorachment into the tenancy law of the country for the purpose of protecting the tenant from ejectment from the tenanted premise..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
....f the said meeting between the parties held on 21.7.91 (Annexure 3 to the affidavit‑in‑opposition of respondent Nos. 3‑6) to show that the Bangladesh Bank acted bona fide in accordance with the provision of section 37 of the Bank Company Act, 1991 and in the said affidavit‑in‑opposition re...... eighty nine lacs and twelve thousand) in not repaying the dues to the Agrani Bank ( BB Road Branch, Narayanganj), (Respondent No.6) should not be declared to have been passed erroneously without any lawful authority and to be of no legal effect.
2. Subsequent to the issuance of the Respondent No..
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)
.... of the world for newspaper owners and news organisations. Their locus standi as well as means of access to the Courts are without doubt assured. The petitioner also cannot challenge the various provisions of Act No.XXX of 1974. When it has no locus standi to challenge the Wage Board award it c......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. ......dvocate appearing for the opposite parties, made his submission in support of the said judgement. Mr. Dastagir Hossain at the outset contends that the learned court of appeal below committed error of law in his decision in decreeing the suit on the basis of oral contract for the sale of immovable pr..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....re ‘C’ dated 21.3.89 which was executed on behalf of the President of Bangladesh by a duly authorised officer, namely, the Additional Deputy Commissioner (Revenue), Madaripur does not contain any provision that it is subject to confirmation by the Commissioner/Additional Divisional Commissioner,......Shibchar District Madaripur dated 31.1.89 executed by respondent No.4, Additional Deputy Commissioner (Revenue), Madaripur in favour of the petitioner should not be declared to have been made without lawful authority and to be of no legal effect.
2. The case of the petitioner Nilkhi Arial Kha Mat..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....on Bench of this Court reported in 42 DLR at page 297 where according to the learned Advocate it has been found by this Court that for the purpose of deciding whether the girl is sui juris or not the provision of Majority Act, which defines a minor to be less than 18 years, is to be the basis. ......ion 361 of the Penal Code whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian is sai..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
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. ......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. ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....The learned Advocate submits that during the tenure of his office as President of the country, the petitioner, as the former President, is exempted from obtaining licence for keeping fire arms as per provision of section 27 (a) of the Arms Act, 1878 read with rule 3(1)(b) and schedule I and item 1(a......ibed as follows: "(1) such rifles, muskets, pistols or revolvers as are specified below or parts thereof (and ammunition which can be fired from any of these weapons) and/or any weapons not lawfully imported into or lawfully manufactured in the Republic of Bangladesh: ‑ Musket‑ 0...Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....ani Ganguli (Criminal Revisional case No.360 of 1959 disposed on 25.6‑59) wherein it was as under: "If the girl was, in fact, a minor under the age of 14 years, then in my view the only other provision that might enable a court to make such an order for the detention of such a minor who is n......Muslim, father of victim girl Sumati in the FIR dated 3.8.88, she appears to be below 16 years of age as on 2.5.89. In the circumstances, we do not find that the Sessions Judge committed any error of law in giving victim girl Sumati Begum to the custody of her father Muslim by the impugned order dat..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
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