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Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....his contention on the view that as the said point was not taken before the trial Court, it could not therefore, be entertained by the said Court. The learned Judge has therefore, held that the statements in the plaint having not challenged any order or action under Chapter IV of the Town Im...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....uestion of law said to have arisen from the said order was, thereafter referred by the Tribunal to the Dacca High Court under section 66(1) of the Income-tax Act but the High Court having found the statement of the case as drawn up by the Tribunal unsatisfactory, the case was sent back to the Tr......y the assessee. He cannot say that merely because there is no stock register the account books must be false. The account books in this case were accepted as correct and disclosing a time of state of affairs. The absence of one register cannot amount to material and there must be material before 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. ......, 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 proceeds ar..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... of Articles 4 and 8 of President's Order No. 16 of 1972 (The Bangladesh Abandoned Property Control, Management and Disposal) Order, 1972, hereinafter referred to as the Order) on the following facts stated by the respondent No. 1 M/s. A. T. J. Industries Ltd. (hereinafter referred to as the Company...... could not return despite willingness. The management of the Company was taken over by the Government on 31.-12. 71, when Mr. Saifuddin one of the Directors was present in Bangladesh and managing the affairs of the Company, by a notification which runs thus:- GOVERNMENT OF THE PEOPLE'S REPUBLIC O..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....ted to be under section 47 of the Code of Civil Procedure (hereinafter referred to as the Code) was filed by her and it was registered a Miscellaneous Case No. 50 of 1967. It was stated therein that, in terms of the solenama, the pre-emptee Rehena Begum delivered vacant possess......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. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....said notice but did not disclose the nature of the right claimed by him. Thereafter another notice dated 29-7-61 was served upon the defendant asking him to disclose his status, otherwise, it was stated in the said notice, we would be taken to be a monthly tenant of the premises in question. But......nterfering with the said finding. 17. The learned Additional District Judge also pointed out on a consideration of the evidence that the said witness had no direct knowledge of the state of affairs with regard to the disputed house as existed in 1905 and as such the statement made by him i..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....o. 28, the Deputy Commissioner of Dinajpur, for transposing the said defendant No. 28 to the category of the plaintiff and permitting him to prosecute the suit on behalf of the plaintiffs. It was stated in the application that the plaintiffs and the principal defendants being Indian Nationals an......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. ..Category: Property Law | Date: | Hits: 93
.... the name of Ramzan did not subsist. He referred to two judgments, one in Title Suit No. 5 of 1947, and the other S.C.C. Suit No. 290 of 1941, Exts. 7(a) and 11. He also referred to Ext. F, written statement of Abdul Majid, father of defendant No. 1. Along with them, he considered Ext. 10, Khatian...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ..
Category: Property Law | Date: | Hits: 82
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. ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....Humayan Kabir, Officer-in-Charge of Kalaroa Police Station during investigation of a dacoity case arrested appellant Abdur Razzaque on suspicion. It was alleged that he made a statement to the Officer-in-Charge admitting that he had concealed a rifle in the ......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 64
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
.... the assessee has never claimed that it had any undertaking with the owner of the premises. In fact, it abandoned the claim under this head before the Tribunal. The Tribunal has clearly stated that both parties took their stand on the pro-provision of S. 10(2) (v). In this view of th......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. ..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)
.... under section 96 of the East Bengal State Acquisition and Tenancy Act and that they had come to know of the said purchase definitely on 5-8-59. In paragraph 2, of the said application, it was stated that opposite party No. 87 was the only other contiguous land owner and that there was no ot......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. ..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....eah centres round the land belonging to Nalini and his wife Sarala. They left the country for West Bengal in 1962. Their rayati holding fell in arrears of rent which prompted the Government Acquired Estate to start four certificate proceedings. They are certificate case Nos. 138/1961-62. 185/1961/62......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. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....il Rule No. 1687 of 1968 on July 1, 1969. 2. The appellant who claims to be the eldest son of one Md. Amir Ali Mia was on the death of his father, substituted as the Mutwalli of Salamat Mia Wakf Estate (enrolled as B.C. No. 4038) by an order of the Commissioner of Wakfs, East Pakistan on April...... 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...Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....eave arises from the judgment and order of the erstwhile High Court of East Pakistan dismissing an appeal after remand by the erstwhile Supreme Court. Facts leading to this appeal may briefly be stated as follows:—Respondent Nos. 1 to 14 filed under rules 7 and 9 of Order XXXIV of the Code of......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. ..Category: Property Law | Date: | Hits: 64
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
.... the respondent 2, Abdul Quader, brother of the appellant, submitted an application on.27.12-67, to the Administrator of Wakfs, praying for his removal from the Mutwalliship of the Wakf Estate created by Khan Saheb Emdad Ali, and also for his prosecution the Administrator directed......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. ..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....ted confession as against co-accused as well as to re-examine the evidence. 5. The learned Deputy Attorney General argued that the High Court was wrong in holding that the confessional statements of the co-accused implicating the respondents were no evidence against them and that the...... of the charge under section 302/34, Penal Code; in Sessions Trial No. IV of 1968 (January) of the Sessions Division, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble and bitter feelings between Dr. Abdus Salam (deceased) on one hand and ..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
....entence of the petitioner on the face of the evidence of P.W. Bajitullah, the father of the deceased, that the present case was connected by some persons and that his first complaint contained true state of things. In support of his contention he referred to the following statement of P.W. 1 Baj...... 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. ..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. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 44
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