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Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

....h the reservation of right to file this Arbitration Case, wherein they have claimed land value at the rate of Taka 3 lac per acre, annual crop compensation at the rate Tk. 2500/-for 50 acres of land, income towards house rent at the rate of Tk. 180/- per month for 10 years on 14 acres of land, over ......Appellate Jurisdiction) Present: Syed Mohsen Ali J Siddique Ahmed Chowdhury J Bangladesh.................................Opposite party-Appellant Vs. Md. Shamsul Haque and others...........Petitioner-Respondent Judgment August 18, 1977. Result: Th......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349.   ..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—­For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respon­dents (In both the Appeals.) Appeal from original decree No......receipt was paid to him by the plaintiff. He alleged that the plaintiff had send to him at Calcutta, through one B.K. Rakshit (D.W. 2), a common friend, a blank stamp paper and some plain papers with revenue stamp attached and requested him to sign and return those documents on the plea that those p..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

.... the first time that auction was held for leasing out the aforesaid octroi posts. It was further mentioned that earnest Money was to be deposited which was fixed in the basis of a previous year's income. The petitioner was interested in group K, Kalirhat Pahartali octroi post. Its previous annua......ul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. ......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)

.... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193   ......hellip;………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidently distinguishable. The case of Barada Prasanna ...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193   ..

Category: Property Law | Date: 15 Aug, 1977 | Hits: 3

Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)

....nd and the land was attached and O.C. Joydebpur was appointed receiver in respect of the proceeding land. The land was in attachment from 5.1.66 to 9.3.70. During this period a sum of taka 19400/- as income on the land was deposited in court by the receiver. The learned Sub-divisional Magistrate (No...... Court High Court Division (Criminal Jurisdiction) Present: Amirul Islam Chowdhury J Bhowal Raj Court of Wards State...........................petitioner Vs. Md. Chand Mia....................................................Opposite party Judgment August......nd in the letter of reference, the reference is accepted. Send down the records at once.   Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4.     ..

Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....asked to show cause why he should not be recommended for dismissal from service with forfeiture of properties. The charge sheet shows the total assets of the petitioner as Rs. 2,73,415.00 and the net income was 84,986.98 Therefore, the excess assets of Rs. 1,88,428.02 was the subject matter and the ......hellip;………………………..Petitioner Vs. Secretary, Establishment Di­vision, Government of the People's Republic of Bangladesh and others........................................Respondents Judgment July 27, 1977. ......de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

.... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ......adesh & others...........Respondents Judgment July 8, 1977. Result: The appealis allowed. Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Isp......e domesticated son-in-law brought by his father was recognised and further he (brother) allowed her to stay in the premises as on the basis of her right but on payment of certain charges namely, Land revenue, Municipal Taxes, necessary repairing cost and other taxes and maintaining expenses. Therefo..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

.... the case was referred to the Screening Board under President's Order No.67 of 1972. Allegations against the government servant was that he had acquired properties beyond the known sources of his income and that he tried to conceal certain facts regarding his assets, in the statement to the auth......ed in: 30 DLR (HCD) (1978) 79.   ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......his Case is also Reported in: 50 DLR (HCD) (1998) 109. ...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......) (1978) 219.       ......scation of the goods are more in the nature of departmental proceedings which have been characterized in English and American jurisprudence as proceedings in condemnation of the goods for purposes of revenue and are regarded as proceedings of a civil nature, despite their penal character. The Sea Cu..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

....bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Amin Jute Mills Ltd.......................................Petitioner Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents Judgment May 5, 1977. Result: The rule is made abso......bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ..

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

.... appeal by special leave is against a judgment of a Bench of the High Court of East Pakistan disposing of a reference under section 66 (2) of the Income Tax Act in connection of the assessment of the income tax of the appellant for the assessment year 1951-52. 2. The appellant is a Dealer in Ju......Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

....ess loss of Rs. 20,83,449/- and unabsorbed depreciation allowance Rs.11,18,834/-, totaling Rs. 32,00,283/-, which were carried forward under section 24 of the Income Tax Act to be set off against the income of the subsequent years. The assessment of the said Company for the year 1948-49, the previou......d. This Case is also Reported in: 30 DLR (AD) (1978) 260. ......n 23(3) of the Act and the period of four years within which the power under section 35 of the Income-tax Act was to be exercised must be counted from the said order. 25. Learned Counsel for the revenue has, relied upon two decisions of the Indian jurisdiction on this point, namely, a decision ..

Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ...... Case is also Reported in: 30 DLR (AD) (1978) 123. ......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)

....oms (including export duties); (b) duties of excise (including duties on salt, but not-including duties on alcoholic liquor, opium or other narco­tics); (c) corporation tax and taxes on income other than agricultural income; (d) estate and succession duties; (e) taxes on the ...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......d from the country. In support, he referred to the following passage in Marriott Vs. Brune (1850) 50 US 6M at P. 631: "The general principle applicable to such a case would seem to be, that revenue should be collected only from the quantity or weight which arrives here. That is, what is im..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......ellip;………………………Respondents Judgment September 3, 1975. Result: The Rule is discharged. Tofazzal Hossain Sardar and others Vs. The State; Abu Tayab Md. Mashood and Tipu Vs. the State, respectively at page 36 and ......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

....s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ......July 30, 1975. Result: The rule is discharged Lawyers Involved: Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner. M.M. Haque, A.A.G.—For Respondent No. 1 and 2. Ahmed Subhan with A. Hasib and A.Y. Salehuzsaman—For Respondent Nos. 4 and 6. ......s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)

....to Income Tax for the assessment year 1970-71 (accounting year 1969- 70) by the Income Tax Officer, Dacca Circle A in G. I. R. No. 15-16/A(I) by his order dated January 24, 1972. The assessee derived income from dealing in launch parts and plying of motor launches. The Income Tax officer determined ......red in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T., Dacca (1968) XVIII Taxation, 2; S. Veeriah Reddiar Vs. C.I.T., Travancore-Cochin, Bangalore (1960) 2(III) Taxation 130; Pandit Brothers Vs. C.I. T" Delhi (1954) 26 I. T. R., 159; Commissioner of Income Tax Vs. McMill...... 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   ..

Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2