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M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......t No. 1 (In Criminal Appeals Nos. 6-D & 8-D of 1971). Criminal Appeal Nos. 6-D, 7-D, and 8-D of 1971. (From the judgment and order dated 15-4-68 passed by the erstwhile High Court of East Pakistan in Criminal Miscellaneous Cases No. 204/67 and 50/68) Judgment Ahsanuddin Choudhury..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Bench of the Dacca High Court discharging a rule, arising out of a Writ Petition under Article 98 of the Pakistan Constitution of 1952 for default. 2. The appellant is the Secretary of Khulna Sebas..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......concurrent order of rejection of the plaint by the two Courts below was set aside and the trial Court was directed to proceed with the suit. 8. Leave was granted by the Supreme Court of Pakistan to appeal against the judgment of the Dacca High Court for considering the following ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141....... manufacturing materials have been imported from abroad. There is also absence of competition when finished goods come out in the market for sale as there is no second industry of this nature in East Pakistan. I therefore support the I.T.O's additions in ail the years and reject the appellant's co..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......n PLD 1960 SC 371; Octavious Steel and Company Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD 160 SC 371; McNeill and Barry Ltd. Vs. Commissioner of Income-tax, East Pakistan reported in 21 DLR (SC) 200 same case PLD 1969 SC 527. Lawyers Involved: M. H..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....d Husain CJ.—This appeal by special leave is against a judgment of a Bench of the High Court Division and it arises out of an application filed under Article 102 of the Constitution of the People's Republic of Bangladesh. Leave was granted for interpretation of Articles 4 and 8 of President's Or......ul Islam and pledged their loyalty and allegiance to the Government of the People's Republic of Bangladesh. 2. The four shareholders originally migrated from India and domiciled in the then East Pakistan and are permanent residents and citizens of Bangladesh, although Mr. Sajjad Hossain and his..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......urt Division in Writ Petition No. 453 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Bench of the High Court of East Pakistan dismissing a Writ petition summarily. 2. The appellant, which is a public Limited C..Category: Business or Commercial Law | Date: | Hits: 109
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......152 and Ramji Patal Vs. Rao Kishore Singh, L.R. 56 LA. 280 same case 33 C.W.N. 893 same case A.I.R. 1929 P.C, 190 and again in the case of Misrailal Vs. Mst. Surji, 9 D.L.R. 375. The Supreme Court of Pakistan also adopted the same view in the case of Abdul Majid Vs. Khalil reported in 12 D.L.R. (S.C..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......ppellate Decree No. 483 of 1961). Judgment: Kemaluddin Hossain, J.—This is an appeal on special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declaration ..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... go down under requisition and that other defendants have been impleaded as they claim some interest in the disputed properties. After the institution of the suit, hostilities between India and Pakistan broke out on the 6th September, 1965 and the Emergency Laws came into force. 3. On 12. ..Category: Property Law | Date: | Hits: 93
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......He also held that the plaintiff's suit was not barred by limitation. He reversed the decision of the Trial Court and decreed the suit.
6. The defendant No. 1 preferred a second appeal to the East Pakistan High Court, and it was heard by a Division Bench. The High Court concurred with the First A..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....Bhattacharya J.— This appeal by Special Leave is against an order of a Bench of the High Court Division summarily rejecting an application under Article 102(2) of the Constitution of the People's Republic of Bangladesh and refusing to interfere with the judgment of an Election Tribunal which set......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......habad 225; Karuthan Vs. Subramanya 9 Madras 203, In re-Horst Guderian AIR 1931 Calcutta 474, Jagadish Naraia Vs. Mt. Ramaskal Kuer AIR 1929 Patna 97, Mohiuddin Mollah Vs. The Province of East Pakistan, 14 DLR (S.C.) 112. Province of East Bengal Vs. Banaraali Sen and another, 54 C.W.N. 322 a..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......y 10, 1976. Result: The appeals are dismissed. Cases Referred to- Raja Huq Newaz V. Mohd. Afzal, 19 DLR (SC) 369; Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317, Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (SC) 764, R.P. Kapur Vs. State, AIR 1960 (SC) 866, M.S. Khawaja Vs. St..Category: Anti-Corruption Laws | Date: | Hits: 225
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ...... Civil Appeal Nos, 15-D to 17-D of 1971. Judgment: Kemaluddin Hossain, J.—These three appeals are by way of Special Leave arise out oi judgment of the High Court of East Pakistan in three Reference cases under section 66(2) of the Income-tax Act. As a common question o..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......ercise of its revisional jurisdiction, with an order made by the First Court of Subordinate Judge, Dacca appointing an Arbitrator under section 8(2) of the Arbitration Act. This appeal was filed by Pakistan and two of its officers and is now being prosecuted by Bangladesh. 2. Respondent Firm ..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......Vs. M/s. Gulistan Cinema Co...................Respondents Judgment 17th & 18th November, 1975. Cases Referred to: The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib Janoo 38 of 1959 dated 7th April, 1964; Tata Iron..Category: Fiscal/Taxation Law | Date: | Hits: 126
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ...... Yunus, 15 DLR (SC) 120 has submitted that the reasons for refusal do not find support from recognised judicial authority. We find the submission of Mr. Nurullah is well founded. The Supreme Court of Pakistan, in the cited decision has repeated the principle laid down by the Judicial Committee of th..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295......., Advocate-on-Record—For Respondent No. 1. Respondent No. 2.—Ex parte. Civil Appeal No. 27 of 1975. (On appeal from the judgment and Order dated July 1, 1969 of the High Court of East Pakistan) Judgment Fazle Munim J.- This appeal arises against the judgment and order of a ..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......Advocate with him, instructed by S.M. Huq, Advocate-on-Record-For the Respondent No. 7. Civil Appeal No. 20D of 1969. (On appeal from the Judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 22nd June, 1966, in First Appeal No. 2 of 1950). Judgment Ahsanudd..Category: Property Law | Date: | Hits: 64
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