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Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......The incomes of the two firms should be tagged together for the purpose of assessment. While two firms are closely interlinked in that the capital of the newly established firm was taken entirely from the parent firm and that in their returns, one was described as a sister concern of the other. ......case of 'Jeshinghbhai Ujamshi Vs. Commissioner of Income Tax, Bombay’ In Income Tax Report XXVIII of 1955. In that case there were two firms at two different places carrying on separate and independent business, but the partners and their respective shares were common in both the firms. De......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......it is the duty of the Magistrate to preserve the peace in his local Jurisdiction and when such a dispute exists concerning a land or water within his Jurisdiction then, if the Magistrate is satisfied from any report or other Information, he shall make an order stating the grounds of his being so sat...... nature of a police power designed for taking preventive action in an emergent situation rests upon merely the satisfaction of the authority.” If the function of the provisio is to play an independent role then the second provisio to sub-section (4) can not be stated to be a proviso only ......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ......ntral Co-operative Association Ltd. which is Respondent No. 1. The registrar is the controlling authority of both the petitioner and respondent No. 2. The petitioner had taken a loan of Tk. 47.898,75 from respondent No. 2 and therewith purchased a truck on usual condition of repayment by installment...... in the eye of law by the Registrar since the joint Registrar who disposed of the power of review vested in the Registrar under section 135(2) of the Act and that the Joint Registrar got no independent power of review. In support of this contention Mr. Rafiqul Islam referred to amended sec......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ......ective supervision and control over his minor children. The petitioner thereafter moved this court and obtained the present rule. 4. It is not disputed that the petitioner returned to Bangladesh from England with the children on 26th August, 1971 and the mother continued to stay in England and ......ter hearing the parties by the impugned order allowed temporary custody of the miner son and daughter to the opposite party on condition of depositing her passport in court, her staying in a separate independent flat with the minors in Dacca and allowing the minor daughter to continue her studies in......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ......WN (XII)-359 AIR 1935 Cal. 642. Lawyers Involved: Serajuddin Ahmed — For the Appellant. B.N. Chowdhury, Kazi Ebadul Hoque-For Respondents Nos. 1, 2(a) 2, (c) 3-7 Appeal from Original Decree No.14 of 1976. Judgment Suahabuddin Ahmed J. –This appeal calls......uoted below: “The maxim is that no one shall be vexed twice over the same matter, which presupposes that the issue has been fairly and finally tried and decided in a former suit, which was independent of the proceedings in which the same matter is again in dispute.” To bring a ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ......re whom the application is made may for special reasons grant leave for the verification to be made by any person other than a director or other principal officer of the company.” 3. Apart from this, in paragraph 20 of the plaint the plaintiff has stated that he sent a telex to the Canopu......ship. The plaintiff claims under the bill of lading and as the ultimate consignee he is also bound by the terms and conditions under the bill of lading contract which according to the plaintiff is an independent contract between him and the ship owner. The plaintiff, in my opinion, therefore is not ......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......pur Government High School and since then he had been working as an officiating Education Teacher against a substantive post. In 1964, there was a police verification of his antecedents and he learnt from his cousin and next door neighbour Md. Alimuddin that his cousin along with Md. Akkel Ali, a me......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......ether the police verification was included in the terms of contract or not. An employer is entitled to be satisfied as to the antecedents of an intending employee and may collect information from any source or cause any enquiry in that regard. The process of verifying antecedents of an employee cann..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......that the petitioner might not expect so short adjournment for 5 days only till 25.9.75 just on the eve of the long vacation. It was also stated in the petition that since the petitioner was suffering from illness even from earlier date, he might not have recovered from his illness on that date; so t...... of the withdrawal of the first suit without leave of the Court to bring fresh suit as provided in sec. 373(old) could not create a bar, of course, on proper appreciation of the facts in an independent proceedings but for the procedure provided in section 647(old).-141(new) of th...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....dge about the matter. They spoke of an admission of the plaintiff about non-payment of money. Admission of this nature got hardly, any evidentiary value when the maker of it denied it and there is no corroboration thereof. D.W. No.5 further said that he had suggested that defendant No.1 should pay t......th 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 Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgm......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. ......ff to defendant No.1 in his office at Dacca on 8.7.72 against another plain paper receipt. Defendant No. 1, who had already sent his family to London, sold away his restaurant at Chittagong, the main source of his livelihood and made all preparation for leaving the country in order to join his famil..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
....beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......enance of supply and services essential to the life of the community the detention order was passed. In reply, it is stated that the detenu is an inhabitant of village Garakhali which is 500 yrs away from the border intervened by a river Sonai Nadi. It is contended that by itself if should not have ......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......tention is available no doubt but since Government in an organized society exists for the welfare the people, sympathy, consideration and understanding should emanate for it. Because not only it is a source of all power but fountain of mercy also flows from it. In the result therefore the opinion is..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ...... Jalil Vs. Surendra Nath in 21 DLR 331. Lawyers Involved: M.A. Rouf-For the Petitioner Khondker Mahbubuddin Ahmed with Md. Shafiqur Rahma-For the Respondent No. 1 Appeal from original decree No. 233 (Probate) of 1970 Judgment M. H. Rahman J.- This appeal is di......f law in this regard were not complied with. 3. Respondent No. 1 filed a written objection stating inter alia, that the Will was genuine and properly executed by the deceased and attested by the independent and respectable witnesses. It was also asserted that all requirements of law for an appl......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....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
......ected against an order dated 11-4-73 passed by Mr. M. Rahman, Secretary, Establishment Division, Government of the People's Republic of Bangladesh, under P.O. 67 of 1972 intimating the dismissal, from service of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Dacca, under ......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
......s 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 1st Screening Board noticed that it was disproportionate to the known source of income of the petitioner. The petitioner filed his reply annexure "C" and explai..
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. ...... of Enemy Property and others (1968) 20 DLR 493. Lawyers Involved: S.R. Pal with S.C. Das—For the Appellant. Ismailuddin Sarkar, A.A.G.—For the Respondent. Appeal from Appellate Decree No. 208 of 1972. Judgment Siddlqae Ahmed Chowdhury J. - This appeal ...... 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. ...... According to this arrangement it is well understood if not expressly stipulated by the guardian of both parties to the marriage that the son-in-law is to receive a suitable maintenance from the same source from which the damsel is to be supported i.e. her father's estate of which she or the son..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)
....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. ......him. The petitioner did not move against the said order and continued to serve in the department. After about one year and six-months after his reinstatement, he again received a notice dated 11-6-75 from the Member-Secretary, Second Screening Board, forwarded to the petitioner by the Executive Engi...... order was challenged on the ground that the order of dismissal was made on the basis of the recommendation of the Screening Board, but the Screening Board made the recommendation without holding any independent enquiry in the matter, that is to say, recommendation was made without recording any evi......ed and later on 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 statem..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ...... Judgment June 28, 1977. Result: The appeal fails. Lawyers Involved: Abu Taker Chowdhury—For the appellant. Md. Ansar Ali—For the Respondents. Appeal from Appellant Decree No. 136 of 1970. Judgment Ranadhir Sen J.- This appeal at the instan......ession in the suit land. The learned Munsif accepted the, oral evidence of the P.Ws. and held that "the suit land was used previously as khal by the public is admitted. Plaintiffs have proved by independent and competent witnesses that the local people used the suit land as their pathway for a ...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
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. ......—For Petitioner. Sultan Ahmad—For opposite party No.1. Civil Revision No. 430 of 1974. Judgment K. M.Subhan J.—This Rule obtained by the plaintiff-petitioner is from the judgment and order passed on 16.3.74 in Title Suit No. 339 of 1973 by the learned Subordina......judicial proceedings for the determination of the guilt of the Person conserved for commission of the alleged offence and entailing a punishment for the same. Both are concurrent remedies but each is independent of the ether. They cannot therefore, be deemed to be mutually exclusive. The doctrine of......, 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. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......er Daudkandi police station lodged an ejahar on 31st October, 1974 alleging, inter alia, that the petitioner on the authority of the Chairman took delivery of one hundred and eighteen maunds of wheat from Daudkandi Govt, go down on 29th October, 1974 and sent the same to Muhammadpur in the boat of C...... under section 27(1) of the Special Powers Act corresponding to an action under sec. 190(1)(b) of the Code of Criminal Procedure. In such a case the Special Judge takes cognizance independent of sec. 190(1) (b) and on the basis of the power as contained in section. ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......3. Ex-Parte. Respondent Nos.4 & 5. Civil Appeal No.19-D of 1968. (From the judgment and decree passed in the High Court of East Pakistan, Dacca dated 27th April, 1969. in Appeal from Appellate Decree No.181 of 1954). Judgment Fazle Munim J. - This civil appeal arises......ods by sea." The rules themselves show the same things. The obligations in Article 3, rule 1, for example, to use due diligence to make the ship seaworthy and man and equip her properly are independent of time. The operation of the rules is determined by the limits of the contract of carri......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......der section 96(4) of the Act and an independent proceeding at the instance of Abdul Hashim was not maintainable. The objector further contended that the pre-emptor was aware of the transfer from before. 6. Both these cases were heard together and were disposed of by the same judgment.......ending that the application for per-emption was not maintainable since the pre-emptor did not apply for being a co-applicant in Misc. Case No.4 of 1969 under section 96(4) of the Act and an independent proceeding at the instance of Abdul Hashim was not maintainable. The objector further co......thin the period referred to in sub-section (1) or within two months from the date of service of notice under section 96(3)(b)whichever in earlier. The two-fold remedy refers to the two different sources of the knowledge of the transfer and the consequent two different periods of limitation othe..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......he petition under Order IX, rule 13 read with section 151 of the Code of Civil Procedure is barred by limitation, although the Labor Court should have held that the time would run from the date of knowledge of the order and not from the date of ex parte order obtained by fraudule......ed Judges regarding the nature and character of a proceeding under Order IX, rule 13 of the Code of Civil Procedure. A proceeding under Order IX rule 13 is an original proceeding, independent of the suit. When a suit is disposed of and decreed ex parte, it is revived only after s......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
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