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The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ed direct appeals to the Income Tax Appellate Tribunal, Dacca Bench. The Tribunal held that initial and additional depreciations were allowable and directed the Income Tax Officer to make fresh assessments by allowing initial and additional depreciations in accordance with law. ...... for disallowance of the benefit of initial and additional depreciation in respect of the plant and machineries which are not installed in Pakistan. 6. The Tribunal rejected the applications and refused to refer the question to the High Court holding that the same question was..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....lear days as prescribed under paragraph 5(2) of Schedule 2 C.P. Code had not elapsed in respect of one of the defendants before the Court of the Subordinate Judge made the order of appointment of fresh arbitrators, expressed their view, following the decisions of the Allahabad High Court as me......as fixed for submission of the award, but Mr. Rajput, the Arbitrator by his letter dated the 7th April, 1969 withdrew himself from the office of the Arbitrator. Respondent Firm thereafter prepared an application under section 8 of the Arbitration Act in which three names were suggested for appointme..Category: Alternative Dispute Resolution | Date: | Hits: 258
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......gle Judge of Dacca High Court setting aside a concurrent order allowing pre-emption by the two courts below under section 96 of the East Bengal State Acquisition and Tenancy Act and dismissing the application for pre-emption filed by the appellants before us. 2. The appellants initiated..Category: Property Law | Date: | Hits: 54
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. ......ne of the alternate clauses (a) or (b) can be resorted to, if the requirement of the alternative clauses is fulfilled. Both the clauses prescribe the different modes of substituted service. For the application of rule 6(b), all that is necessary, is that, if there be land affected by the notice, a..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....equires us to consider what judicial functions are, and also the processes involved in a judicial decision, but as they have already been considered and defined in judgments cited before us, no fresh attempt to define them is, however, necessary. As observed by Fazl Ali, "Judicial function......He died OH Aril 5, 1967. Five days later, on April 10, 1967 the appellant applied for enrolling himself as Mutwalli. 3. On the same day the respondent No 1, Md. Khurshed Alam, had also sent one application by post to the Commissioner of Wakf to enroll him as the Mutwalli of the said Wakf E..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....entions in regard to the interpretation of the judgment and order of Supreme Court. On behalf the appellant it was contended that the entire appeal had been sent back to the High Court to be decided afresh, while, on behalf of the respondents, it was contended, that the Supreme Court had virtually d......or the appellant contended that the learned Judges of the High Court erred in holding that the Supreme Court had virtually decided the case and that the remand was made only to decide the effect of application of sections 30 and 36 of the Bengal Money Lenders Act is the said question was of genera..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......ent: D. C. Bhattachaya J: This appeal by special leave is directed against an order of a Bench of the High Court Division, dismissing summarily an application filed by the appellant under section 115 of the Code of Civil Procedure, challengi..Category: Property Law | Date: | Hits: 61
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ......ffirming the order of the Administrator of Wakfs, removing the appellant from the office of mutwalli. Facts are that the respondent 2, Abdul Quader, brother of the appellant, submitted an application on.27.12-67, to the Administrator of Wakfs, praying for his removal from the Mutwa..Category: Property Law | Date: | Hits: 43
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......f the East Bengal State Acquisition and Tenancy Act. 2. The point in dispute was whether the respondent, who was admittedly a co-sharer, did come within the period of limitation, to file his application for pre-emption. The Kabala was registered on 38-1-67, and the application for pre-emp..Category: Property Law | Date: | Hits: 44
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......960. 3. On the 8th September, 1964 i.e., after more than 4 years from the sale the petitioners who are four in number, claiming themselves to be share-holders of the respondent company, filed an application under Order 21, rule 90 of the Code for setting aside the said sale held in June, 1960 o..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......om time to time for submission of the Commissioner's report, but, on 20-5-75 the Advocate Commissioner having prayed for further time for submission of report, respondent No. 3 filed an application for cancellation of the order issuing commission, which was rejected by the ..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......f which the tenancy was created have been destroyed by fire during the pendency the suit, the suit premises had become nonexistent and as such the decree had become inexecutable. 3. On 13-4-74 an application was made on behalf of the petitioner in the said Miscellaneous Case for a local investig..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... judgment. However, special leave to appeal was granted for considering this question in view of the divergence of judicial opinion. We have, therefore, tried to examine this question closely afresh. 9. Mr. Gholam Rabbani, learned counsel appearing on behalf of the appellant, has cite......Bench decision of the Allahabad High Court in the case of Bhola Umar vs. Mst. Kausilla. A.I.R. 1933 All 617 that even if remarriage of Jagadaya was proved the provision of the Act XV of 1856 had no application to the facts of the case, as there was evidence to show that there was a custom of rem..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ...... the Arms Act. The trial having been held under President' Order No. 50 of 1972 it was not at all necessary to follow the procedure laid down under section 29 of the Arms Act which had no manner of application in a trial held under the provisions of the aforesaid President's Order inasmuch as the..Category: Criminal Law | Date: | Hits: 63
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....rticular candidate to have been elected is cancelled and in his place some other candidate is declared to have been elected. There is no necessity of any fresh poll in such a case, but under clause (b) of the said rule the election to that particul......; D. C. Bhaftacharya J: This appeal by special leave is against an order of a Bench of the High Court Division rejecting summarily an application under Article 102 of the Constitution by which a judgment of the Election Tribunal..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ...... D.C. Bhattacharya, J.—This appeal by special leave is against a judgment of a Bench of the Dacca High Court, setting aside an order of the Labour Court, on an application made by Respondent No. 1, and incorporated Company engaged in carrying passengers ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... the arbitration case. The owner-respondents preferred an appeal, and the learned Judges of the High Court Division set aside the order of the Arbitrator, and sent the case back on remand for fresh assessment of compensation on the basis of twenty-four months average from the date of ......d the compensation for the Chala land at the rate of Rs. 3,500/-per acre, and Rs. 2,800/- per acre for the Nal land. The total compensation allowed by him was Rs. 46,368/-. The owners filed an application for the appointment of an Arbitrator as they did not accept the determination of t..Category: Property Law | Date: | Hits: 70
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....ys, a different intention appears in the repeating statute. In the case of a simple repeal there is scarcely any room for expression of a contrary opinion. But when the repeal is followed by fresh legislation on the same subject the court would undoubtedly have to look to the provisions......th reference to the saving clause quoted above that the intention of the Legislature being so clear and manifest with respect to the cases protected by the saving clause, there is no scope for application of 6 of the General Clauses Act so as to bring the proceedings started for offences al..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....ed under the said Act, as amended by this Act and shall have and shall be deemed always to have had effect accordingly." 5. After the amending Act had come into force as aforesaid, fresh notices were served upon the appellants seeking to impose taxes under the said Act in respec...... as may be considered fit for the purpose of enforcement of the Act. The whole basis of the argument of learned Counsel for the appellants appears to be that tne provisions of the Act have no application outside the Municipality and as the notification purported to extend the operation..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......after 2 years of service and attached to the Yarn Distribution Cell and on 14-9-72 he was entrusted with certain duties, namely, (1) Supervision of the work of the Field Inspector for verification of applications of weavers; (2) Supervision in respect of distribution of ration cards by the Y. D. Cs ..Category: Employment/Service Law | Date: | Hits: 170
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