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Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
.... black-market is committed by a firm, company or other body corporate every partner, director, manager, secretary or other officer or agent there of shall, if actively concerned in the conduct of the business of such firm, company or body corporate, be deemed to have committed the offence unless he ......ram Halidas, PLD (1969)Kar. 875; Dammal All AIR (1936) P.3: Indira, AIR (1956) (SC) 77. Lawyers Involved: Md. Abdur Rouf with Khademul Islam Chowdhury and Md. Luthfar Rahman Mazumdar—For Petitioner. K. A. Bakr, Attorney-General with Abdul Wadud Bhuiyan Asstt. A. G.—For the...... forfeiture to Government of anything in respect of which the offence was committed. (3) Where an offence of hoarding or dealing in the black-market is committed by a firm, company or other body corporate every partner, director, manager, secretary or other officer or agent there of shall, if a......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
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....of Civil Appeal No. 61-D of 1970 claimed to be a citizen of Pakistan and a Managing Partner of a partnership firm known as "Messrs Budhai Gour Kishore Saha". This partnership firm carried on business of commission agency and owned properties at Bhairab Bazar in the district of Mymensingh......ahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Gurudas Saha............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deput......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
....ll 'the authority') for the purpose of constructing a stall thereon. Like the petitioner 2 other Hawkers were also allotted plots on the lands in question and they have been carrying on their business after constructing shops and stalls in their respective plots. As nearly as 22. 6. 66 an ar......inal Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh…………...............Respondents
Judgme......
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....pondents Nos. 1 and 2.
Kaisaruddin Ahmed, Advocate—For the Respondent No. 3.
Writ Petition No. 1313 of 1974
Judgment
Fazle Munim J. - The petitioner has been carrying on the business of stationary cum-Pan shop in the space under the stair case of the second building of Nawa......p;
Judgment
August 28, 1975
Result:
The Rule is made absolute.
Lawyers Involved:
Ahmed Sobhan with Md. Fazlul Karim and Tamijul Huq, Advocates—For Appellant
Md. Shamsul Huq Choudhury, Advocate—For Respondents Nos. 1 and 2.
......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....in motor launch parts at Tk. 49,655/- and in the plying of motor launch Tk. 9204/- and served demand notice for Tk. 21,405/- on the total income of Tk. 58,859/-. In the trading account of motor parts business the Income-tax Officer made addition of Tk. 33,560/- on estimate rejecting the account main......DLR (HCD) (1975) 566 ...... 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 ...... 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
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....ssions "dealer" as defined in the Bangladesh Essential Commodities Storage, keeping in and disposal Order, 1973 A "dealer" has been defined there as "a person carrying on the business of selling in essential commodity mentioned in this order whether whole-sale or retail and ......ction Tribunal, Patiya ........Respondents Judgment June 13, 1975. Result: The Rule disposed of. Lawyers Involved: Ahamad Sobhan with Md. Fazlul Karim, Advocates—For the petitioner. Farmanullah Khan, Advocate—For Respondent No. 2. Writ Petiti......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....es are in the occupation the government who has been managing the same through an Administrator. Several petitions were made to the respondent No.1 for releasing the said premises as well as the Soap business which they were carrying therein under the name and style M/s. M. Moin and Co. On an enquir...... The Rule is made absolute In the presence of any family member no property can be treated as abandoned property even if the owner of the property is absent— The owner may be absent or his whereabouts may not be known but if his family members or heirs, as the case may be, are pres......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....prayer for directing the petitioner to hold the said Annual General Meeting within six weeks from the date of drawing up of the order. 2. It is stated in the petition that the company carries on business of plantation and manufacturing of tea and since its incorporation' the company is very......ction (3) and section 79, sub-section (3) of the Companies Act, 1913 are not exclusive but supplementary to each other— Section 76 is a special provision regarding the statutory meeting and annual general meeting, whereas section 79 is the general provision. Where...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
.... Article 22 of the Limitation Act.
10. The learned Subordinate Judge on a consideration of the materials on record has come to the finding that Defendant No. 2 had been carrying on the business of contractors under the name and style of M/s. A. Motalib and Sons and the Partnership fir......pondents
Judgment
April 30, 1975
Result:
The appeal is allowed.
Cases Referred to-
Goverdhan Vs. Maruti A.I.R. 1915 Nagpur Page 4; Kosaraju Peda Subabyya and others Vs. Moraranemi Veerayya and others A.I.R. 1935, Madrass 750; Seth Devendra Kumar Vs. Mrs. Nirmal Bai, A.I...... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
...... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......ublic of Bangladesh and 5 others..........Respondents (In both the cases)
Judgment
April 28, 1975.
Result:
Rules are discharged.
Cases Referred to-
Mian Fazal Din Vs. Lahore Improvement Trust, Lahore and another, (1969) 21 DLR S.C. 225 P.L.D. 1969 (S.C.) 223.
Lawye......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......p;of the aforesaid Act, received the Government approval under Notification dated 1.10.73 The object of the scheme, as laid down therein, are as follows:-
(a) to receive from Government or other bodies or persons any incidental to the administration of the Sangstha Trust;
(b) to defray all..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
.... no such adult male member of the family can be found the notice may be served by affixing such copy to some conspicuous part of the premises in which he is known to have lastly resided or carried on business or personally worked for gain and also by affixing another such copy to some conspicuous pa......ince of East Pakistan 17 D.L.R. S.C. 629; P.L.D. 1966, S.C. 409 17 DLR (SC) 629, same case PLD 1966 S.C. 409; Ram Kirpal Shukul Vs. Massammat Rup Kuari, 11 Indian Appeals page 37; Hook Vs. Administrator General of Bengal and others, 48, Indian Appeal 187; A.LR. 1921 P.C. 11, T.B.; Ramachandra Rao an......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
..... In the plaint filed by the plaintiff respondent it was alleged, inter alia that the plaintiff M/s. Lucky Biri Company was a registered partnership firm under the Indian Partnership Act, carrying on business at 6, Ram Prosad Shah Lane, Calcutta. The Company was represented by its partners Walamjee ......pellant Vs. M/s. Lucky Biri Company.................................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; Presi......xation and in the steps which have been taken towards the recognition of enterprise-entity rather than corporation entity. The Courts, however, have only construed statutes as "cracking open the corporate shell" when compelled to do so by clear words of the statute; indeed they have gone o......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....om Algi Bazar on every hat day, that is, Saturday to Sajirpur, which is a ghat on the river Dakatia and from there the pan loads were transported by boats to different merchants of Noakhali. This pan business of Hasan Ali Chowkidar seriously affected the interests of accused Kashem Dewan who was the...........Accused-Appellant Vs. The State……………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
....ut has filled the present appeal against the decree of dismissal of his suit.
2. The allegations made in the Title suit may be stated in brief as follows:
The plaintiff who used to carry on business in timber and of Other articles under the name and Style of M/s. Akbar & Co. having app......rsey Vs. Mareji Vagaji & another, A.I.R. 1937 Bom 26; Hindusthan Co-operative Bank Limited and another Vs. Surendra Nath De and others, 36 C.W.N. 263, A.I.R. 1932 Cal 524; Messrs Grison Knitting Works, Vs. Laxmi Commercial Bank Ltd. and others, A.I.R. 1960 Punjab 98; Cocanada Vs. Gundabathula Su...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
.... of dismissal and for extending time for deposit of the sum of Rs. 75/-. It was stated in the said application that two of the three plaintiffs had been away from the country in connection with their business and the plaintiff No. 2 was in charge of the conduct of the said suit, that the said plaint......y Ltd. Vs. Swastika Press Ltd. 90 Cal. L.J. 105; Bokaro and Ramgarh Ltd. Vs. State of Bihar, AIR 1965 Cal. 308; Mahanth Ram Das Vs. Ganga Das, AIR 1961. Lawyers Involved: Abdul Hamid—For the Petitioner. No one—For the Opposite Party. Civil Revision No.1436 of 1967. ......of Someshwar Dayal and others Vs. Widow of Lalmon Shah and others, reported in AIR 1958. All 488 took the view that the fixation of a date for making the deposit to the balance or the consideration incorporated in a decree for specific performance of a contract (in a case where there was no default ......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....ubsequent Notification dated 13-7-1968, inasmuch as the said Notification was not given retrospective effect in its operation, He has, further contended that the expression "(carry) on trade and business" as appearing in rule 181 of the Defense of Pakistan Rules and in the Notification dat......n)
Present:
S. Ahmed J
M.H.Rahman J
Dinajpur Industries Ltd................................Petitioner
Vs.
M/s. Hardeo Glass, Aluminium, Enamel & Silicate Works……Opposite Party
Judgment
August 10, 1972.
Result:
The rule i......s. The suit is pending for a long time. It may be disposed of as expeditiously as possible.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 158.
......s. The suit is pending for a long time. It may be disposed of as expeditiously as possible.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 158.
..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
.... legal right to get the deed registered through the legal processes at the cost of the First party. It is mutually agreed by the First and Second Party that the Loobacherra Tea Estate being a running business concern, which has short of finance, shall support for the present and for which the labour......ers Vs. Kuchwar Lime and Stone Co. Ltd, and another, AIR 1941 P.C. 128; Dontmara Tea Company Ltd. Vs. Proboth Kumar Das, 41 CWN 54. Pir Baksh Vs. Mohammad Teha, 61 IA 388; Probodh Kumar Das and ors Vs. The Dantmara Tea Company Ltd., 66 IA 298=AIR 1949 P.C. =44 CWN 145; Pandit Ramchandra Vs. Pa......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
....nstitution; or
(c) sum of ascertain of next wealth and shown expenditure is covered by the income.
(4) No question as to the source of investment made by a new assessee deriving income from business or profession shall be raised, if he shows income at least not less than twenty five percen......(HCD) (2016) 91
...... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
...... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
..
Category: Fiscal/Taxation Law | Date: | Hits: 0
.... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
......inal Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Md. Siddiqur Rahman, Acctt/Funds & Claims & others..........Petitioners
Vs.
The Board of Trustees, Port of Chittagong, and others..........Respondents
Judgment
March 25, 1975
Result:
...... unacceptable. Besides, the definition of person is provided in Article 98 and Article 242 of the Constitution of Pakistan, 1962 and also the General Clauses Act shows that a body corporate, like the Chittagong Port Trust, is a 'person' and an application under Article&nb...... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
..
Category: Administrative Law | Date: | Hits: 1
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....fication of the Ministry of Commerce of the Government of Bangladesh. In this connection reference may be made to a statement made in paragraph 11 of the petition that the petitioner No. 1 carried on business in the then East Pakistan which the petitioner No. 2 developed as his own properly. From th..........................Respondents Judgment March 12, 1975. Result: The Rule is made absolute. Lawyers Involved: Amirul Islam with fsmiruddin Sircar, Advocates—For the Petitioners. Fakir Shahabuddin Ahmed, Attorney General with Abdul Wadud Bhuiyan, Asst. A......te Presses which are deemed to be abandoned properties under the aforesaid provisions of law, at the relevant time on 26th and 28th December, 1971, were owned by Helal Jute Press Limited, a Company incorporated in this then East Pakistan having its registered office at Dacca. From the last return of......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ..Category: Abandoned Properties Law | Date: | Hits: 7
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