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M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....Officer in rejecting the method of accounts employed by the assessee and increasing the gross profit by taking recourse of proviso of section 13 of the Income Tax Act, followed any approved principle. According to the learned Advocate the accounts submitted by the assessee were sufficient ...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ......957 Karachi 61; Income-tax, Bombay Vs. Sarangpur Cotton Manufacturing Co. Ltd. 1938 (P.C.) 6 I.T.S. 36; Mohd. Anwer Mohd. Iqbal Vs. Income-Tax Appellate Tribunal, Karachi (1967) 15 Taxation 182. Lawyers Involved: Abdul Hamid Chowdhury and Khondker Fazlul Quadir—For applicant. A..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....thin the language of Order 43 Rule 1(d) of the Code and is appealable. It was further held that section 151 of the Code does not provide any alternative remedy. It is based on the principle that no one should suffer for absence of a rule of procedure. His Lordship Ibrahim, J., re...... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ......ibash Mukhupaddya and ors. Vs. Elahi Haider and ors.; 1969 D.LC 590 Nur Md. Babar Ali & ors. Vs. Shah Md. Ali and ors; Civil Order No. 14 of 1966, Lutfar Rahman Vs. Montashemuddin & ors. Lawyers Involved: Md. Yahya- For the Petitioners. Abdul Hamid- For the Opposite party..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....gment would have been the findings of facts on proper basis and as such this would have left no scope for our interference. The total disregards of the Tribunal to follow such an elementary and basic principle must be sufficient to establish that the judgment of the Tribunal is based on no evidence,......e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ...... 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tribunal, Kurigram....the Respondents Judgment June 3, 1975. Result: The rule is made absolute. Lawyers Involved: Shah Azizur Rahman—For the Petitioner. No One—For Responden..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ......k, N.W.R. Gujarat, 15 DLR (SC) 261; Anant Ram and others Vs. District Magistrate, Jodhpur and another, AIR 1956 Rajasthan 145; Ganeshi Ram Vs. District Magistrate and another , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite ..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ......es in question could not be treated as abandoned property within the meaning of Article 2 of the President's Order No. 16 of 1972 due to the circumstances mentioned above…....(3) Lawyers Involved: T. H. Khan with A. H. Md. Nurul Huda Khandaker, Advocates—For the Petit..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....mination the entire evidence of such witness should be excluded from consideration or it should go to the benefit of the accused. We are unable to accept such a broad proposition. 9. There is no principle of law requiring that the evidence of a witness who has made contradictory statements in h......ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ....... Result: The appeal is dismissed. Evidence to Be Excluded Only that part of a witness's evidence to be excluded which is found false and not his whole evidence Law does not require that the entire evidence of such an witness should be rejected. Evidence of suc..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
....ff while he was standing in the corridor. The evidence is completely silent as to how the C. I. Sheet got unfastened and dropped from the scaffolding, and it is precisely in a case like this that the principle underlying the maxim can be invoked. The evidence adduced by the defendants did not seek t...... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......62)1Q.B.373;ManindraNath Mukherjee Vs. Mathuradas Chatterjee A.I.R. 1946 Cal. 175; Flint Vs. Lovell, (1935) 1 K. B. 354; Own Vs. Sykes (1936) 1 K. B. 192; Rose Vs. Ford, (1937) 3 All. E. R. 359.
Lawyers Involved:
S.R. Paul and Abu Backar-For the Appellants
Abdul Hamid, B.K. ..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......ril 28, 1975.
Result:
Rules are discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, Lahore and another, (1969) 21 DLR S.C. 225 P.L.D. 1969 (S.C.) 223.
Lawyers Involved:
Mirza Golam Hafiz, with A.T. Chowdhury, Khademul Islam Chowdhuryr—For P..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....e judge should have observed, and of which he himself should have taken notice." He also referred to the case of Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 in support of the principle. 11. Each of the conflicting principles raised on by the learned Advocates show cogen......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ......Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-For the Petitioner. S. R. Pal with S. C. Das—For th..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....ation of international law in the instant case. We are called upon in this case to interpret certain expressions used in a positive municipal law of the country. We have been referring to the general principles of public international Law in order to properly appreciate the significance of the said ...... referred to in subsection (2) of section 2 of the Act can be deemed to be a notification issued by the Government of the People's Republic of Bangladesh. 8. The emergence of a new International personality in the shape of the sovereign State of Bangladesh took place on the 26th M...... April 23, 1975. Result: Both the Rules are made absolute. Cases Referred to- M/s. Yangteza Ltd. Vs. Barlars Brothers, 14 DLR (SC) 151; Ram Babu Vs. State, DLR (1950) SC 155. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules)..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....at if the High Court in a Second Appeal remands a case to the lower Court, the matter finally disposed of by an order of remand cannot be reopened when the case comes back from the lower Court on the principle of constructive res judicata. 20. In the instant case the judgment of the High Court ......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ......54 I.A. 156, 31 C.W.N. 717; Rahimuddin Matabbar Vs. Naimuddin Howladar 31 C.W.N. 751; A.I.R. 1927 Cal. 565; Surendra Lal Depal Vs. Satya Tamas Ghosal, 12 D.L.R. 214; P.L.D. 1960 S.C. (Pak.) 179. Lawyers Involved: Fakir Shahabuddin, Attorney-General Ismailuddin Sarkar, Asstt. Attorney Gener..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....n reply has cited Piari Lal Vs. Hanifun-Nissa I.L.R. 38 Allahabad 240, Rewa Mahton Vs. Ram Kishen Singh I L R 14 Calcutta 1, Queen Empress. Vs. Wazir Jan I.L.R. 10 Allahabad 66 and submitted that the principle of automatic reversal of dependent orders does not apply in case of bona fide auction purc......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ......B.D. 267 Per Lord Coleridge C.J. In Barlow Vs. Teal (1885) 5 Q B.D. 403 Messers S.A. Haroon Vs. Collector of Customs (1959) 11 D.L.R. (S.C.) 200; Noakes Vs. Doncaster Amalgamated Collieries Ltd. Lawyers Involved: Moinul Huq-For the Petitioner Mian Abdul Gafur, Asrarul Hossa..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....delimination Officer, Narayanganj and others, (1961). 17 DLR 181 PLD. 1961 Dacca 263, and The Presiding Officer Vs. Sadruddin Ansari and others, 19 DLR (S.C.) 510. These cases lay down the well known principle that a complicated question of fact should not be entertained by a court deciding a matter......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......964. S.C. 636; Mainuddin Ahmed Vs. delimination Officer, Narayanganj and others, (1961); 17 DLR 181 PLD. 1961 Dacca 263; The Presiding Officer Vs. Sadruddin Ansari and others, 19 DLR (S.C.) 510. Lawyers Involved: Serajul Huq, with Amir Hossain Khandaker—For the petitioner. K.Z. ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......engal Ltd. (1959) 11 DLR 57; Md. Yasin (1974) 26 DLR 82;Mt. Sushila Devi Vs. Ram Kishan Das and others, A.I.R. 1943 Lahore 39; C. Mohammed Yunus Vs. Syed Unnissa and others, A.I.R. 1961 S.C. 808 Lawyers Involved: M. H. Khondker and Habibul Islam Bhuiya—For the petitioner. Ahmed..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......Vs. Sheo Baksha Singh II IA. 237; Balakrishna Udayar Vs. Vasudeva Aiyar, 44 LA. 261-22 C.W.N; Joy Chand Lai Babu Vs. Kamalaksha Chowdhury, 1 DLR 46; Jaisri Lal Vs. Dulhlal A.I.R. 1930 Patna 416. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—F..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....red to be demolished would not be more than Rs. 4.000/00. It was asserted that the requisition was for public purpose and in accordance with proper legal procedure, that the suit was barred under the principles of resjudicata and that it was misconceived. 4. It may be mentioned that after the d......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ...... India Vs. Nanak Singh (1968) 2 SCr. 887. AIR 1968 SC 1370; Yaqub Vs. The Chief Settlement Commissioner Lahore, 17 DLR (SC) page 105; Md. Kutubuddin Jaigirdar Vs. Nurjahan Begum, 25 DLR page 21. Lawyers Involved: B. N. Chowdhury Advocate—For Appellant. Ismailuddin Sarkar, Asstt...Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....nt as managing director," Chief Justice Hamoodur Rahman in the decision in the case of the President Vs. Mr. Justice Shaukat Ali reported in PLD 1971 (SC) 585 relevant page at 617 accepted, this principle of lifting the veil and on reference to L.C.B. Gower's Modern Company Law, 3rd Edition......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ....... Lucky Biri Company.................................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shau..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......p;…………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For the Appellants. Moazzem Hossain—For the S..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
.... Cal. 644 and also in the judgment of Mehar Singh, J. in Messrs. Grison Knitting Works Vs. Laxmi commercial Bank Ltd. and others, A.I.R. 1960 Punjab 98. Although no case law was referred to, the same principle as laid down by a Division Bench of the West Pakistan High Court in the case of Messrs con...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......inental sundicate of Trade Vs. Lloyds Bank Ltd. P.L.D. 1966 (W.P) Karachi 556; Bharat Bank Ltd. Vs. Sheoji Prasad, A.I.R. 1955 Pat. 288; Hulas Kunwar Vs. Allahabad bank Ltd A.I.R. 1958 Cal. 644.
Lawyers Involved:
Md. Mozammel Huq—For Appellant
Abu Backer—For Respondent
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......nother………………......Appellants Vs. Farrok Ahmed and another………………....Respondents Judgment December 18, 1974. Result: The appeal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Abu Backkar, Advocate-on-Recor..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
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