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Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)

.... accordingly, disposed of in the aforesaid terms. Ed. ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ...... Fazle Munim, J.       Md. Amirul Islam........... Appellant                Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Banglades......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..

Category: Others | Date: | Hits: 157

FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)

....s dismissed. Ed. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......B. Mahmud Hussain, C. J. Ahsanuddin Choudhury, J. Kemaluddin Hossain. J.  D.C. Bhattacharya. J.  FM Rashiduzzaman……….Appellant Vs. Bahauddin Ahmed and another…….Respondents Judgment May 3, 1976. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)

....ve out the sentence. Ed. ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ud Hussain, C. J. Ahsanuddin Choudhury, J. Kemaluddin Hossain. J.  D.C. Bhattacharya. J.  Tozammel Hussain Chowdhury……..... Appellant Vs. State…………...Respondent. Judgment   &n......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)

....he sentence. Ed. ......C. Bhattacharya, J. Sirajuddin alias Siraj…...Appellant. Vs. The State ……...Respondent. Judgment Nov. 20, 1975. Cases Referred to: Shaikh Abdul Gaffar Vs. Downing Jwala Prasad (A.I.R. 1926 Patna 465), Mosaher Dome Vs. Emperor (A.......sent: Syed A. B. Mahmud Hussain, C.J. Ahsanuddin Chowdhury, J. Kemaluddin Hossain, J. D.C. Bhattacharya, J. Sirajuddin alias Siraj…...Appellant. Vs. The State ……...Respondent. Judgment Nov. 20, 1975. Cases ......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 74

Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)

.... shall, however, be no order as to costs in this appeal. Ed. ......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. ...... Present: Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya, J. Swami Joytirghananda………..….Appellant. Vs. Deputy Commissioner, Khulna and others…………..Respondents. ......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. ..

Category: Procedural Law | Date: | Hits: 89

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

....estored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......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.......) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Commissioner of Income-Tax, Dacca Zone, Dacca......Appellant. Vs. M/s. Ata Hossain Khan Ltd....... Respondent. Judgment November 19, 1975. Result: ......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...

Category: Fiscal/Taxation Law | Date: | Hits: 164

Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of In­come-Tax, Chittagong, 1976, 5 CLC (AD)

.... are dismissed with costs. Ed. ......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. ......Hossain J. D.C. Bhattacharya, J. Fazle Munim, J. Jardine Henderson Ltd. Calcutta, India………………...Appellants in both the appeals. Vs. Commissioner of In­come-Tax, Chittagong…………....Responden......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)

....issed. 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. ......n (Criminal) Present: Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April ......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)

....hare-holders belonged to Dawoodi Bohra Community permanently residing at 43E, Cantonment Bazar Area, Dacca. The first named three shareholders were the Directors. Mrs. Batul Bai is wife of Mr. Sajjad Hossain and Sabbir Hossain is the son of Sajjad Hossain. Sajjad Hossain and Saifuddin are full broth......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......t Appellate Division (Civil) Present: AB Mahmud Husain J Ahsanuddin Choudhury J Kemaluddin Hussain J Debesh Chandra Bhattacharya J Government of Bangladesh......Appellant. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..

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. ......p; Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Nessa Bibi and others. ...Respondents Judgment July 3, 1975......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)

.... Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......Supreme Court Appellate Division (Civil) Present: Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Khondkar Mohiuddin…………...Appellant. Vs. Syed Moin Ahmed…………....Respondent Judgment August 13, 1976. Cases referr......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..

Category: Tenancy Law | Date: | Hits: 68

Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)

....isposed of in aforesaid terms without any order as to costs. Ed. ...... 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. ......late Division (Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment     &nb...... 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. ..

Category: Trust/Waqf Law | Date: | Hits: 239

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

....te—Respondent No. 2—5. Civil Appeal No. 8 -D of 1970. (From the Judgment and Decree date 24-2-1966 passed by the Dacca High Court in S. A. No. 1917 of 1961). Judgment Kemaluddin Hossain J.—This is a Defen­dant's appeal by special leave arising out of a suit for recovery of p...... 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. ......ion (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Ho­ssain J Lal Meah, being dead his heirs Momena Khatun & others………..Appellants. Vs. Haji Md. Ibrahim Meah and others......Respondents Judgment November 28, 1975. Re...... 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

Syed Mofazzal Hossain Vs. The Election Co­mmissioner and others, 1975, 4 CLC (AD)

.... void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......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. ......e Division (Civil) Present: Syed ABM Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Syed Mofazzal Hossain…………...Appellant. Vs. The Election Co­mmissioner and others……..Respondents. Judgment November 24, 197......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)

.... Ed. ......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. ......J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abdur Razzak and another………. Respondents Judgment ......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. ..

Category: Civil Law | Date: | Hits: 103

Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)

.... 866, M.S. Khawaja Vs. State, 17 DLR (SC) 153. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by A. Rab, Advocate-on-Record—For the appellants (In both the appeals). B. Hossain, Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 28 &......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. ...... Fazle Munim J Abdul Quader Chowdhury and others...............Appellants (In Criminal Appeal No. 28 of 1974). Sk. Sarwaruddin……..... Appellant (In Criminal Ap­peal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: T......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)

....bsp; is dismissed. Ed. ......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. ...... F.K.M.A. Munim J Abdur Razzaque & anr………………..Appellants.              Vs. The State............................Respondent Judgment Jan. 14, 1976. ......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 Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)

....o interfere. All the three appeals are dismissed with costs. Ed. ......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. ...... Ahsanuddin Chowdhury J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya, J. The Commissioner of Income-tax  Chittagong zone, Chittagong.............Appellant. Vs. M/s. Everett Orient Line Corporation and others........... Respondents Judgment ......issioner of Income Tax, AIR 1945 (P.C.) 89; Russell (Inspector of Taxes) Vs. Scott.  1948 A.C. 422, and Davigdor Goldsmid Vs. Inland Revenue Commissioners 1953 A.C. 347 Income Tax, Madras Vs. Mir Mohammad Ali 1964 (53) ITR, 165; Abdul Wahab Vs. The Crown, 7 DLR (FC) 87. Lawyers Invol..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Government of Bang­ladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)

.... this appeal is dismissed but there shall be no order as to costs. Ed. ......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. ......ppellate Division (Civil) Present: Syed A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattacharya J Government of Bang­ladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases ref......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)

....ny order as to costs. Ed. ......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. ...... A. B. Mahmud Hussain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J. The Commissioner of Income Tax, Dacca Zone........Appellant Vs. M/s. Gulistan Cine­ma Co...................Respondents Judgment 17th......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