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Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ellant. A.T.M. Afzal, Deputy Attorney-General, instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From the judgment and order dated 24-7-1972 passed by the erstwhile High Court of Bangladesh in Criminal Appeal No. 581 of 1966......on the charge under section 302/149 by altering the finding of acquittal thereunder into one of conviction in respect of that charge. In support of his contention the learned counsel relied on the decisions in the cases of Kishan Singh Vs. The Emperor (55 I.A. 390), Shera Vs. The Crown (6 D.L.R...Category: Criminal Law | Date: | Hits: 57
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....ocate-on-Record—Respondents Nos. 3(2)-3(7) Ex parte—Respondents No. 3(1). Civil Appeal No. 29-D of 1969. (From the Judgment and order dated 26th and 30th January, 1969 passed by the Dacca High Court in Petition No. 245 of 1966). ......to the Court room as soon as he was informed of the said fact. This stale of facts does not appear to have been controverted by any person. The learned Judges, however, appear to have rested their decision entirely on a different foundation. They have sought to maintain the order by way of enfor..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....andker, Advocate, instructed by A. Rab-I, Advocate-on-Record.-For the Respondent No. 1 Exparte—Respondent Nos. 2-5. Civil Appeal No. 6-D of 1969. (From the Judgment and Decree dated 5-4-68 passed by the Dacca High Court in S. A- No, 218 of 1968). Judgment: D. C......ertified copy of the decree along with a certified copy of the judgment as contained in rule 1 of the Order 41 of the Code. The learned Judge of the Dacca High Court relying upon a decision of the Supreme Court of India in the case of Jagadish Bhargava Vs. Jawaharlal Bhargava an..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....y, Advocate-on-Record -For the Appellant. Md. Hasan, Advocate, instructed by S.M. Huq Advocate-on-Record—For the Respondent. Civil Appeal No. 67-D of 1970. (From the judgment and Order dated 1-5-1968 passed by the Dacca High Court in Income-Tax Reference Case No. 14 of 1966) Judgm......ving taken the view that the Tribunal acted under the proviso to section 13 of the Income-tax Act merely on the ground of lowness of profit and absence of a stock register held, relying upon certain decisions, that mere lowness of profit and abÂsence of a stock register could not be regarded as su..Category: Fiscal/Taxation Law | Date: | Hits: 164
....A.W. Chowdhury, Sr.
Advocate, instructed by A.M. Khan Chowdhury, Advocate-on-Record. —For the
Respondents.
Civil Appeals No.
16 & 17 of 1974.
(From
the judgment, and Order dated 30th October, 1969 passed by the Dacca High Court
in Reference Cases No. 7 of 1965 and 21 of ......ssessable under section 42 of the Income-tax Act and the
appellant's income attributable to the operations in Pakistan was computed on
the basis of what was called the Two-man Committee's decision. The Income-tax
Appellate Tribunal after rejecting the appeal preferred against the orders..
Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....bu Bakkar, Advocate-on-record—For the Petitioners. Not represented—For the Respondents. Criminal Review Petition No. 2 of 1976. (Arising out of judgment and order dated 17. 6. 75 passed in Criminal Appeal No. 24 of 1974). Judgment: Ahsanuddin Chou......as not properly considered in the appeal on special leave and that the error commit ed in that respect is apparent on the face of the record and as such he has urged for review of the impugned decision. 6. In considering the bonafide claim of right as a plea of defence, this Division ..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... S. S. Hoda, Advocate-on-Record—For the Respondent No. 1. Ex-Parte—Respondent Nos. 2 to 4. Civil Appeal No. 21 of 1975. (On appeal from the judgment and order of the High Court Division dated 22. 5. 75 passed in petition No. 1054 of 1974). Judgment Mahmud Husain CJ.—This appeal......ssued under Article 8 instead of Article 5(2)(a)(b) of the Order cannot be accepted. Since no action has been initiated as conÂtemplated under Article 8 of the Order we find no reason to disturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismiss..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of BanglaÂdesh and others, 1976, 5 CLC (AD)
....;ral, with Mahmudul Islam, Asstt. Attorney-General, instructed by S.S. Hoda, Advocate-on-Record—For the Respondents. Civil Appeal No. 15 of 1974. (From the Judgment and Order dated 1-12-75 passed by the High Court Division in Writ Petition No. 453 of 1969). Judg...... then the words are to be construed as bearing that particular meaning kick may differ from the ordinary or popular meaning. Learned Additional Attorney -General has also cited on this point a decision of the Supreme Court in the case of Messers Usmania Glass Sheet Factory Limited Vs. Sales..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....ry, Advocate-on-Record—For Respondents. No. 1. Ranadhir Sen, Deputy Attorney-General— Amicus Curiae. Civil Appeal No. 13-D of 1971 (From the Judgment and Order dated 26-2-1968, passed by the Dacca High Court in F.M.A. No. 59 of 1967). Judgment: ......fore the sale under the pre-emption. Having heard the parties the Subordinate Judge allowed Respondent No. 1's objection and rejected appellant's application for possession, through Court, His decision was upheld by the High Court. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....ocate, instructed by A. W. Mian, Advocate-on-Record—For the Appellant. Md. Nurul Advocate-on-Record—For the Respondent. Civil Appeal No. 100-D of 1968. (From the Judgment and Decree dated 6-6-1967 passed by the Dacca High Court in S.A. No. 1014 of 1965) Judgment: Debesh Cha......of evidence may be a kind of error or defect in the procedure, because it is reading or repreÂsenting something as evidence, which, in reality, is not on the record or is not evidence at all and the decision of a case on such misreading or misrepresentation is undoubtedly contrary to the well-recog..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....ash; For the Appellant. M, Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record.—Respondent No. 1. Civil Appeal No. 5-D of 1969. (From the judgment and Decree dated the 1st June 1966 of Dacca High Court, in Appeal from Appellate Decree No. 483 of 1961). ...... subject, to say that wakf of a Mushaa, an undivided share of property, is valid. Mr. Nurullah, the learned counsel for the respondent contends the contrary. He has also cited a decision in his favour. The rival contention need to be examined. 7. Referring to the wakfnam..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....No. 1-39, 42-53. Anwarul Huq Chowdhury, Advocate, instrucÂted by A. W. Mallick, Advocate-on-Record —For the Respondent No. 54. Civil Appeal No. 21 of 1973. (From the Judgment and Order dated 28.7.1971 passed by the Dacca High Court in Civil ReviÂsion No. 962 of 1967) Judgment ......, 1965 will prevail over the provision of Civil Procedure Code and the Custodian does not require special permission from the Central Government for prosecuting a legal proceeding. We approve of this decision, which, in our opinion, has correctly applied the law. We, therefore, hold that there i..Category: Property Law | Date: | Hits: 93
....nior Advocate, instructed by Daliluddin Ahmed, Advocate-on-Record—For the Respondent No. 1.
Ex parte—Respondent No. 2—5.
Civil Appeal No. 8 -D of 1970.
(From the Judgment and Decree date 24-2-1966 passed by the Dacca High Court in S. A. No. 1917 of 1961).
Judgment
Kemalud...... these papers it was established that Ramzan's 5 years tenancy on the basis of Ext. B was terminated by his superior landlord, Moifula Khatun, who in her turn settled the land with other tenants. The decisions of the aforeÂsaid suits were binding on defendant No. 1 reÂgarding this claim of title. ..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election CoÂmmissioner and others, 1975, 4 CLC (AD)
....eer Shahabuddin Ahmad, Attorney-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellate Division Rules 1973. Civil Appeal No. 10 of 1975 (From the Order dated 3-12-1974 passed by the High Court Division in Petition No. 1473 of 1974). Judgment De......le void unless it is satisÂfied that the result of the election has been materially affected by reason of the failure of any person to comply with, or the conÂtravention of these rules; (3) The decision of the Tribunal on an election petition shall be final." 13. The perusal of the above q..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....ellant. S. M. Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 7 of 1973 (From the Judgment and order dated 2. 5. 1969 passed by the High Court of East Pakistan in Civil Re-vision Case No. 101 of 1968)...... 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. 7. Before adverting to cited decisions, let us look at the two questions before us with reference to the provisions of the Code ..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....”For the appellants (In both the appeals). B. Hossain, Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 28 & 29 of 1974. (From the Judgment & Order date 4-8-72 passed by the High Court Division In CriÂminal Revision No. 360 of 1969). Judgment ......e the Court to come to any conclusion. It is difficult for any Court to give any finding when there is no evidence at all." 7. The learned Judges made the above observations having relied upon a decision in the case of Raja Huq Newaz V. Mohd. Afzal reported in 19 DLR (SC) 369. In that case, pro..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)
....ncome-tax or super tax as the case may be, in accordance with provisions of the Income tax Act, J922". This can only refer to the Income-Tax Act, 1922, as it stood amended at the date of the Finance Act, 1939, and necessarily includes the alternations made by the Amending Act,......tion 66(2) of the Income Tax Act moved the High Court of East Pakistan for an order directing the Income Tax Appellate Tribunal, Dacca to refer the question of law set out above for decision of i he said Court. 8. A Division Bench of the High Court, first issued a ru..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of BangÂladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....rd.—For the Appellants. Ahmadur Rahman Khan, Advocate, insÂtructed by Md. Nurul, Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No. 10 of 1972. (From the Judgment and Order dated 9.7.70 passed by the Dacca High Court in Civil Rule No. 1739 of 1969). Judgment: D.C......tice as contemplated in section 8 of the Act. 8. On the question of the Court's jurisdicÂtion to entertain a pre-mature application, it was argued on behalf of the opposite parties relying upon a decision of the Calcutta High Court in the case of the Governor General of India in Council Vs. Bila..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan CineÂma Co., 1976, 5 CLC (AD)
....ts 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 Steel Co. Ltd., Vs. Chief Revenue Authority, Bombay, 50 Indian App......e meaning of the Article, and the appellant not having obtained a certificate under sub-section (2) of S. 66A of the Act cannot maintain this appeal. He has in support of his contention cited some decisions which will be considered presently. The second question raised by Mr. Hossain is that the..Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....e, instructed by A. W. Mallick, Advocate-on-Record—For theAppellant Ex-parte— the Respondents. Civil Appeal No. 22 of 1974. (From the Judgment and Order dated 28-1-69 passed by the Dacca High Court in Civil Revision No. 818 of 1962). Judgm......h the said Muzaffar Ali Khan was a necessary party in the pre-emption proceedings, which was not maintainable in his absence. 9. The learned Single Judge relying upon a Division Bench decision of the Dacca High Court in the case of Syed Abdul Karim and others Vs. Harendra Chandra D..Category: Property Law | Date: | Hits: 54
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