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Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....as to costs in this appeal. Ed. ......ourt to appeal against the aforesaid order to consider: "Whether, having regard to all the facts and circumstances of the case, the learned Judges exercised their discretion in a judicial and proper manner." 4. It is an accepted rule of judicial procedure in this country t..Category: Procedural Law | Date: | Hits: 89
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
.... Case is also Reported in: 28 DLR (AD) 141.......sessee: Provided that if no method of accounting has been regularly employed or if the method employed is such that in the opinion of the income-tax Officer the incomes profits and gains cannot properly be deduced therefrom, then the computation shall be made upon such basis and in such mann..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
..... 14, 1976. Cases Referred to: Messers Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported in 12 DLR (SC) 121 same case in 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 3...... Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power of general management of the managed Company's business transactions as well as property affairs in consideration of a commission at the rate of 2 ½ % of the gross pro..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
.... Present: Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April 6, 1976. Lawyer......ion, on a close examination of the question as regards the bona fide claim of right of the accused-petitioners, found against them. It was held that the principle of a bona fide claim of right as a proper defence to the charge under section 379 of the Penal Code was wrongly applied in the instan..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....d. This Case is also Reported in: 28 DLR (AD) 120. ......ial Area. M/S. A. T. J. Industries Ltd. 158, Tejgaon, Industrial Area, Dacca......" Representation was made to the Government for the release of the Company as it cannot be treated an abandoned property because all the shareholders were Bangladeshi nationals. The Government was pleased to rele..Category: Business or Commercial Law | Date: | Hits: 129
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
.... Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ...... Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in suit which is a residential house in the city of Dacca originally belonged to one Priya ..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
.... also Reported In: 28 DLR (AD) (1976) 65. ......n which appellants are Defendants No. 6 and 7. 2. Respondents No. 1 to 8 instituted Partition Suit No. 90 of 1965 in the Court of Subordinate Judge, Dinajpur on 13. 8. 65 for partition of the properties described in the schedule to the plaint. It has been alleged in the plaint that the dis..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....Case is also Reported in: (1976) 28 DLR (AD) 51. ......tion as a whole void unless it is satisfied that the result of the election has been materially affected by reason of the irregularity or the contravention of the Rules complained of. 12. For proper appreciation the point, the relevant rules may be quoted as follows:— "60. Relief.—Th..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... Appellate Division (Civil) Present: A. M. Sayem, C. J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abd......Code of Civil Procedure. Of the two questions posed, answer to the first will virtually settle the second. Let us therefore consider the first question. Section 60 of the Code gives a long list of properties with exceptions, which is liable to attachment and sale in execution of a decree. From t..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....e case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......nally took delivery of lesser quantity mixed with earth and dust in the presence of Coal Inspector who supervised the delivery of the coal by the Firm .It was alleged that they did not do their job properly as they allowed the Firm to mix earth and dust in the cod and to give delivery of lesser qu..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....din Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1976 (From the Judgment and order dated 24-2-75 passed by the High Court Division in Criminal Appeal No. 330 of 197 3.......ivision in Criminal Appeal No. 330 of 197 3.) Judgment: Ahsanuddin Chowdhury, J.—In this appeal by special leave the point for consideration whether there has been a proper compliance of the requirements of section 342, Criminal Procedure Code and whether the appel..Category: Criminal Law | Date: | Hits: 64
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ment of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, reported in (1835-42) All England Reporter 71...... 6. One of the objections which was seriously pressed at the time of the hearing was that the service of a copy of an application under section 8 of the Arbitration Act could not be taken to be a proper service of notice as contemplated in section 8(2) of the Act and that since the service of ..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)
.... Appellate Division (Civil) Present: A. M. Sayem CJ S. A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. ......s Vs. Harendra Chandra Dhupi and others, 14 D.L.R. 847, held that the said Muzaffar Ali Khan was a necessary party in the pre-emption proceeding and that in his absence the said proceeding was not properly constituted and on the said view of the matter made the rule absolute and dismissed the ap..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....ain J. Ayub Ali Howladar……………………..Appellant. Vs Election Tribunal Bagerhat, Khulna and others…...Respondents Judgment Nov. 20, 1975. &nbs......ome ballot papers has resulted in the appellant missing 97, and respondent 826. And this has given rise to a knotty question in this appeal. The Tribunal however on evidence found that there was no proper counting, because of insufficiency of light. In support of his finding, he took into consid..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
.... result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ...... declaration only. The suit was contested on various grounds; one was, that the plaintiff did not acquire a valid title in the certificate sale, and the other was that he was not in possession of the property. 2. The trial court held against the plaintiff in that there was no proper service of ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......le on July 1, 1969 set aside the orders of the Administrator or Wakfs well as of the District Judge and ordered that the respondent No. 1 was to act as Mutwalli till his status was determined in a properly constituted suit, if any. The learned Judges found, inter alia, (1) that the order of the A..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....ision (Civil) Present: Ahsanuddin Choudhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mo......years; nevertheless, foreclosure of the kot-mortgage was not applied for. The mortgagee and after his death his heirs continued to possess the mortgaged land and they are still in possession of the properties. The plaintiff-responders who are the succession-in-interest of the mortgagor also stated..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....all, however, be no order as to costs. Ed. ......ay pass an order staying the progress of collateral proceeding and also the question whether the impugned orders of stay of the execution case were correctly passed. 6. For a proper understanding of the questions involved in this case it is necessary to examine the nat..Category: Property Law | Date: | Hits: 61
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....s. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......nsider the question whether a share-holder of a private limited company has locus standi to apply under Order 21, rule 90 of the Code of Civil Procedure for setting aside an auction sale of immovable property belonging to the said Company. 2. Respondent No. 3, a private limited Company, was the..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....nbsp; Lawyers Involved: Faqeer Abdul Mannan, Advocate with M.B. Rahman Advocate, instructed by S.M. Huq, Advocate on Record—For the Appellants. Khandkar Mahbubuddin Ahmed with S.A. Latif, Advocate—For the Respondents. K.A, Bakar, ......n of two witnesses in India. 2. The appellants have instituted a suit in a Court of Subordinate Judge at Dacca for a declaration that a deed of exchange in respect of certain immovable properties, purported to be executed in favour of Respondents No. 1 and 2 by Respondent No. 3, repr..Category: Civil Law | Date: | Hits: 108