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M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......disobedience of the order of injunction; and (iii) whether the order of injunction was passed fully without jurisdiction on the ground of non-maintainability of the suit for non-compliance of the provisions of Article 94 of the B.D. Order, 1959 and section 127 of the Municipal Administration Ord..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......Court that his absence was neither wilful nor negligent and that he was prevented by certain circumstances from being present in Court, for which he cannot be held to be responsible. 5. The provisions of Order IX of the Code of Civil Procedure have been enacted to give effect to the afore..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... absence of a certified copy of the decree under appeal was detected before the disposal of the appeal and although the Court was of the view that the provision of Order 41, Rule 1 of the Code was mandatory, but that the defect could be made good by giving an opportunity to the appellant to file......nt by any Civil Court of a suit or application against any order passed or action taken under Chapter IV of the Town Improvement Act except as expressly provided in the said chapter which contains provisions for requisition and acquisition of land for carrying out the purposes of the Act, c..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......ion, the duty of the Income-Tax Officer under section 13 of the Income-Tax Act has been correctly spelt out in the above-mentioned decisions. The duty of the Income-Tax Officer, according to the said provisions, is, firstly, to find out whether the accounts submitted by the assessee is according t..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ...... the purpose of earning the said remuneration, which are as follows: "Unless otherwise mutually agreed between the Managing Agents and the Directors, (subject to the provisions of sections 87B (f) and 87C (2) of the Act) the Managing Agents shall receive by way of..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....hether formation of the opinion of the Government is necessary for holding or declaring a property an abandoned properly and its vesting under Article 4; thirdly, whether prior show cause notice is mandatory before the opinion of the Government is formed. 7. On the first question, a reference t......ernment under any law for the time being in force." 5. The learned Attorney-General for the Government-Appellant has contended that the learned Judges of the High Court Division misconstrued the provisions of Articles 4 and 8 of the Order. His main attack is that the learned Judges were wrong i..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......f both sides were heard. Besides, Mr. Ranadhir Sen, the learned Deputy Attorney-General was heard as amicus curiae; In course of the argument a question was raised as together applicability of the provisions of Order XXI of the Code in execution of an order of pre-emption passed under section 96..Category: Property Law | Date: | Hits: 77
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......in the wakfnama is-unidentifiable and as such the dedication will fail. We cannot help observing that the Courts below have misconceived and confused the principles of Muhammadan Law with the provisions of the Civil Procedure Code. One does not depend upon the other and is to be judged by i..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... during the continuance of a state of war. Moreover, since during such a state of war, it is not generally possible for enemy aliens to act or move for the purpose of their normal avocations of life, provisions were made in the Emergency Laws such as Defence of Pakistan Ordinance and the Rules frame..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....positive provision in the statutory rule for affording an opportunity to the contesting candidates of being heard in a trial of an election petition should therefore, be read, in our opinion, as a mandatory provision of law so far as the successful candidate is concerned, and setting an election ......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......ideration of s. 60 of the Code read with sub-rule (c) of rule 46 of Order 21, that money lying as security with the Government for due performance of contract was 'money' within the meaning of the provisions of the Code, and liable to attachment in execution of the decree against the judgment-de..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......lised as to interrupt or divert the ordinary course of criminal procedure as laid down in the Code. 12. Ordinarily criminal proceedings instituted against an accused person must be tried under the provisions of the Code and the said proceedings should not be generally interfered with at an interl..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....has any, It should be remembered that examination of the accused is not a mere formality but an essential part of the trial inasmuch as examination of the accused under section 342, Cr.P.C. is mandatory. 7. In view of the contention urged by the learned counsel and also having regard ......ticles were found in his dwelling hut. It was, therefore, submitted that while examining the appellants under section 342, Cr.P.C. proper compliance of the requirements of the aforementioned provisions of law would have been made if appellant Razzaque's attention, were drawn to the ev..Category: Criminal Law | Date: | Hits: 64
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......ee Reference cases under section 66(2) of the Income-tax Act. As a common question of law 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..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....sion in a statute is absolute or directory. It was ruled by Lord Combell, L.C. in the Liverpool Borough Bank Vs. Turner (1860) 2 D.G.G. & J. 50 that no universal rule can be laid down as to whether mandatory enactment shall be considered directory only, or obligatory, with an implied nullificat......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..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. ......bunal-was right in the conclusion reached by it that the expenditure of Rs. 11,563/- representing cost of mosaic flooring was allowable either u/s. 10(2)(v) or u/s 10(2)(xvi) despite clear provisions u/s 10(2)(ii) for deductions on account of repairs where the assessee is the tenant onl..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. ......de of Civil Procedure on the question of joinder of parties. Order 1 of the Code of Civil Procedure deals with the question of the parties to a suit and by virtue of section 141 the Code; the said provisions are applicable to a proceeding of original nature like the one under section 96 of the E..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. ...... Judgment and Decree dated the 27th July, 1970 passed by the Dacca High Court in Second Appeal No. 1114 of 1997). Judgment Kemaluddin Hossain J.- In this appeal interpretation of some of the provisions of the Public Demands Recovery Act, 1913 are involved. Facts material for the appeal a..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......7 DLR 367. 10. As to the question whether the District Judge is a 'persona designata' or a Court becomes relevant when he is so described in a particular statute. It. would be well to quote the provisions of section 43 of the Ordinance which, in the present case, raised this controversy. Sec..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. ......in relation to determination of excess payment for the making of a refund order to such payment or recoveries as had been made after the first day the January, 1939 within the meaning of the relevant provisions of the Act and in doing so the High Court considered the relevant provisions of section..Category: Property Law | Date: | Hits: 64
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