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The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)

....is involved, they are heard analogously and disposed of by one judgment. The question is whether under the provisions of section 10(2} (vi) of the Income Tax Act read with rule 9 of the Income Tax Rules the initial depreciation is allowable to vessels belong to non-resident companies which did n......sp; 1948 A.C. 422, and Davigdor Goldsmid Vs. Inland Revenue Commissioners 1953 A.C. 347 Income Tax, Madras Vs. Mir Mohammad Ali 1964 (53) ITR, 165; Abdul Wahab Vs. The Crown, 7 DLR (FC) 87. Lawyers Involved: A. W. Chowdhury, Senior Advocate, Supreme Court, instructed by A.M. Khan C..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Government of Bang­ladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)

....ocate, ins­tructed 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. Bhattacharya, J.—This appeal by spe­cial leave i......t Davarc Vs. Bala Chandra Ganesh Thakur, reported in A.I.R. 1931 Bom 539; The Governor General of India in Council Vs. Bilas Singh, and Nalini Ranjan Guha Vs. Union of India, A.I.R. 1954 Cal. 462. Lawyers Involved: Syed Ishtiaq Ahmed, Additional Attorney-General, with Mahmudul Islam, Assistant..

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. ...... Provincial Library Vs. Commissioner of Income-tax East Pakistan, PLD 1958 (S.C.) 81; Harjina & Co. (Pak) Ltd., Karachi Vs. Commissioner of Income Tax (Central) P.L.D. 1963 Karachi, 996. Lawyers Involved: Abdul Wadud Chowdhury, Sr. Advocate, instructed by Mr. A. M. Khan Chowdhur..

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)

....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. ......a Begum and others, 20 D.L.R. (Dacca) 480; Mohammad Hossain Khan  and others Vs. Babu Kishva Nandan Shanai L.R. 64 I.A. page 250 = A.I.R. 1937 P.C.  233 (same case) 41 C.W.N. 1029. Lawyers Involved: T. H. Khan, Senior Advocate, with A. K. M. Siddiq, Advocate, instructed..

Category: Property Law | Date: | Hits: 54

Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)

.... of regularity has been amply rebutted, when the tribunal found that quite a large number of invalid votes were cast in favour of the appellant. 8. The learned Attorney General referring to Rule Nos. 40, 42, 44 and 81 submits, ballot papers are, no doubt, good pieces of evidence in an ele......n Tribunal Bagerhat, Khulna and others…...Respondents Judgment Nov. 20, 1975.                Lawyers Involved: Fazlul Karim, Advocate instructed by SS Huda, Advocate- on- Record- For th..

Category: Others | Date: | Hits: 101

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. ......nda Mallik, 9 DLR 57; Purna Chandra Vs. Dinabandhu Mukherjee I.L.R. 34 Cal 811; Abtabur Rahman Vs. Madan Mia, 19 DLR 333; Tarangini Debi 19 DLR 57; Keramat Ali Vs. Mohammad Yunus, 15 DLR (SC) 130. Lawyers Involved: M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record—For the App..

Category: Property Law | Date: | Hits: 82

Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)

....t Pakistan) Judgment Fazle Munim J.- This appeal arises agai­nst the judgment and order of a Division Bench of the High Court of East Pakistan Dacca as it then was, which was passed in Civil Rule No. 1687 of 1968 on July 1, 1969. 2. The appellant who claims to be the eldest son of one M...... Board reported in (1949) 1 DLR 81; Ramjan Khan vs. Obaidul Huq.reported in (1976) 28 DLR (AD) 57; and Shahzada Muhammad Umar Beg vs. Sultan Mahmood Khan and another; reported in PLD 1970-SC 139. Lawyers Involved: M.H. Khondker, Advocate, instructed by M.R. Khan, Advocate-on-Record—For the..

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. ......KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mozammel Hoque, Senior Advocate, instructed, by Abdur Rab-II, Advo­cate-on-Rec..

Category: Property Law | Date: | Hits: 64

Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)

....e appellant under section 115 of the Code of Civil Proce­dure, challenging the validity of the two orders passed by the Court of the Subordinate Judge of Khulna in a proceeding under Order 33, Rule 1 of the Code, instituted by Respondent No. 1, by which the proceeding in execution of a decre......llip;…………………..Appellant. Vs. A. Samad Molla & others................... Respondents. Judgment Nov. 24, 1976 Lawyers Involved: Nizamuddin Haider, Advocate, instructed by S. M. Huq, Advocate-on-Record&m..

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. ......lip;…………….. Appellant. Vs. Administrator of Wakfs and others ……….....Respondent. Judgment May 31, 1977. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, with Zahir, Advocate & Md. Akkas..

Category: Property Law | Date: | Hits: 43

The State Vs. Fazu Kazi alias Kazi Fazlur Rah­man and others, 1977, 6 CLC (AD)

..... S. Hoda,Advocate-on-Record—For the Appellant. Aminul Huq, Advocate-on-Re cord—For the  Respondents. A. T. M. Kamrul Islam, Advocate, Supreme Court—U/o. XXIII, Rule 1, Supreme   Court Rules. Criminal Appeal No 18-D of 1970. (On appeal......thers .................Respondents. Judgment March 9, 1977 Cases Referred to- Joygun Bibi State (1960) 12 DLR (SC) 157, Moqbul Hossain Vs. State 12 DLR (SC) 217. Lawyers Involved: Sultan Hossain Khan. Deputy Attorney General with B. B. Roy Chowdhury, Ass..

Category: Criminal Law | Date: | Hits: 80

Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)

.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ...... The State............ Respondent Judgment                    January 20, 1977. Lawyers Involved: T.H. Khan, Senior Advocate with Md. Abdur Rahim, Advocate, Supreme Court, ..

Category: Criminal Law | Date: | Hits: 62

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. ...... Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Respondent Judgment June 30, 1977. Lawyers Involved: Abdur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record&mdas..

Category: Property Law | Date: | Hits: 44

K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)

....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......ya J Fazle Munim J K. M. Zaker Hossain................Petitioner Vs. The State.............................Respondent Judgment Feb. 21, 1977. Lawyers Involved: T. Ali, Senior Advocate with Khandker Mahbubuddin Ahmed instructed by A. R..

Category: Criminal Law | Date: | Hits: 69

Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)

....ake over the management of the Company. But the said Order clearly recited that the Company shall continue to be a company under the Companies Act and that subject to the Martial Law Order and the Rules made thereunder, the provisions of the Companies Act shall apply. The fluctuating details of ......r............... Respondent Judgment                     February 23, 1977. Lawyers Involved: Md. Ansar Ali, Advocate, instructed by Md. A. Aziz, Advocate-on-Record&md..

Category: Employment/Service Law | Date: | Hits: 81

Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)

....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed with­out, however, any order as to costs. Ed. ......houdhury J Abdur Rahim Afroze.......................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment February 18, 1975. Lawyers Involved: S. R. Pal. Senior Advocate, Supreme Court, instructed by Abdur Rab, (absent) Ad..

Category: Business or Commercial Law | Date: | Hits: 86

Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribu­nal and another, 1977, 6 CLC (AD)

....193 of 1975). Judgment Ahsanuddin Chowdhury J.- This is an appeal by Special leave from the Judgment and order of the High Court Division passed in Writ Petition No. 193 of 1975 discharging the Rule issued earlier. 2. The appellant was prosecuted on the allegation that he along with 2 other...... Cases Referred to- Ali Ahmed vs. State (1962) 14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Ishaque AIR 1955 (SC) 233, Syed Yakoob vs. Radha Krishnan AIR 1964 (SC) 477. Lawyers Involved: Mainul Hossain, Advocate with Md. Joynal Abedin, Advocate, Mozammel Huq Khan, A..

Category: Criminal Law | Date: | Hits: 70

Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)

.... in the properties be­longing to the company, such share-holders cannot be said to have their  interests affected by the sale of the properties of the company within the meaning of the relevant Rule and has referred, in addition to the cases of Vaiydanatha Vs. Indian Bank Ltd.  A.I.R. 195......li AIR 1933 Mad. 635; Basanta Kumar vs. Mihirlal AIR 1968. Cal. 604; Manilal Mohan Lai vs. Sajdu Ahmad AIR. 1954 SC 349; S.M. Yousuf and another Vs. Kh. Hafizur Rahman and others  36 DLR 124. Lawyers Involved: Syed A.N.M.  Nasiruddin, Advocate-on-Record—For the Appellant. M.H. K..

Category: Property Law | Date: | Hits: 118

Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)

.... was dismissed on con­test on March 13, 1976. Since order of the Court was not being implemented. Contempt petition No. 4 of 1977 was filed against some of the officers of the Government, and Rule was issued on June 30, 1976. During the pendency of the said Rule, the Government filed the Re......p;……………Petitioners. Vs. M/S.  A. T. J. Industries Ltd. and others................. Respondents Judgment April 12, 1977. Lawyers Involved: K. A. Bakr Attorney-General, A. Wadud Bhuiyan, Assistant Attorney-General,..

Category: Property Law | Date: | Hits: 57

Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)

.... with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, Attorney-General with A. Wadud Bhuiyan, Asstt, Attorney General, instructed by S.S. Hoda, Advocate on Record—U/O. XLV Rule 1 of S.C. (A.D.) Rules. Civil Appeal No. 1 of 1976. (From the Judgment and Orde........................ Respondents Judgment               April 15, 1977.       Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M..

Category: Civil Law | Date: | Hits: 108