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Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)

....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. ...... causing damages to the properties and had been attempting to misappropriate the said properties on the plea of false and fraudulent kabalas or exchange deeds and that the appli­cant defendant being Assistant Custodian of Enemy Property was entitled to prosecute the said suit. The said application ..

Category: Property Law | Date: | Hits: 93

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

.... DLR 589, Pramatha Nath Vs. Kamir Mondal, 17 DLR (SC) 392. Lawyers Involved: B. N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Appel­lant. M.H. Khandker, Senior Advocate, instructed by Daliluddin Ahmed, Advocate-on-Record—For the Respondent No. 1. ...... 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

Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)

....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. ......Gir, I.L.R. 52 All. 619 same case A.I.R. 1930, All. 225; C.V. Raghavayya Vs. Chamria Talkie Distributors and another, A.I.R. 1958 Andhra Pradesh 31. Lawyers Involved: Mahmudul Islam, Assistant Attorney-General, instructed by A. W. Mallick, Advocate-on- Record—For the Appellan..

Category: Civil Law | Date: | Hits: 103

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. ......pector Sarwaruddin of the office of the Coal Control­ler and the absconding accused. A. Halim Ma­lik, Fuel Inspector of the Pakistan Eastern Railway. On receipt of certain information Mr. A. Malek, Assistant Inspector District Anti-Corruption Branch, Chittagong weighed the two wagons on the weigh ..

Category: Anti-Corruption Laws | Date: | Hits: 225

The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)

....s. 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 Involved: A. W. Chowdhury, Senior Advocate, Supreme Court, instructed by A.M. Khan Chowdhury Advocate-on-Record—For the ......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. ..

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

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

....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. ......ral of India in Council Vs. Bilas Singh, and Nalini Ranjan Guha Vs. Union of India, A.I.R. 1954 Cal. 462. Lawyers Involved: Syed Ishtiaq Ahmed, Additional Attorney-General, with Mahmudul Islam, Assistant Attorney-General, instructed by A.W. Mallik, Advocate-on-Record.—For the Appellants. ..

Category: Alternative Dispute Resolution | Date: | Hits: 258

The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cine­ma Co., 1976, 5 CLC (AD)

....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. ......The Income-Tax Officer disallowed a sum of Rs. 20,803/- spent on oil painting of walls and Mosaic flooring-of the Cinema Hall, considering them to be capital expenditure. 3. On appeal, the Assistant Commissioner held that of the amount of Rs. 20,803/- a sum of Rs. 9,240/- was spent for o..

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)

....; Mohammad Hossain Khan  and others Vs. Babu Kishva Nandan Shanai L.R. 64 I.A. page 250 = A.I.R. 1937 P.C.  233 (same case) 41 C.W.N. 1029. Lawyers Involved: T. H. Khan, Senior Advocate, with A. K. M. Siddiq, Advocate, instructed by A. W.  Mallick, Advocate-on-Rec......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

Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)

....Beg vs. Sultan Mahmood Khan and another; reported in PLD 1970-SC 139. Lawyers Involved: M.H. Khondker, Advocate, instructed by M.R. Khan, Advocate-on-Record—For the Appellant. S.R. Pal, Senior, Advocate, with M/S. Q.G. Ghauce, Abdur, Rashid Khan, Advocates instructed by Abu Backkar, Ad...... 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)

....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mozammel Hoque, Senior Advocate, instructed, by Abdur Rab-II, Advo­cate-on-Record—For the Appellant. Ahmed Sob......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

Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)

....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......                  K. Hossain J: The petitioner is a dismis­sed employee of Public Jute Mills Ltd. He was an Office Assistant in the Labour Office of the Company. He was charged on two co­unts and dismissed afte..

Category: Labour and Industrial Law | Date: | Hits: 151

The State Vs. Fazu Kazi alias Kazi Fazlur Rah­man and others, 1977, 6 CLC (AD)

....boration thereof. It is not, however, necessary that independent evidence by itself should be suffi­cient to sustain a conviction. In the result the appeal is dismissed. Ed. ......to- Joygun Bibi State (1960) 12 DLR (SC) 157, Moqbul Hossain Vs. State 12 DLR (SC) 217. Lawyers Involved: Sultan Hossain Khan. Deputy Attorney General with B. B. Roy Chowdhury, Assistant Attorney General instructed by S. S. Hoda,Advocate-on-Record—For the Appellant. ..

Category: Criminal Law | Date: | Hits: 80

Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)

.... Judgment                    January 20, 1977. Lawyers Involved: T.H. Khan, Senior Advocate with Md. Abdur Rahim, Advocate, Supreme Court, instructed by Abu Bakkar, Advocate ...... 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

K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)

.... K. M. Zaker Hossain................Petitioner Vs. The State.............................Respondent Judgment Feb. 21, 1977. Lawyers Involved: T. Ali, Senior Advocate with Khandker Mahbubuddin Ahmed instructed by A. Rob - (2) Advocate-on-Record&mdas......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 69

Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)

....n of the ap­pellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ...... Involved: Md. Fazlul Karim, Advocate, Supreme Court instructed by B. C. Panday, Advocate-on-Record- For the Appellant. Sultan Hossain Khan, Deputy Attorney Ge­neral with B.B. Roy Chowdhury, Assistant At­torney General instructed by Mr. Abdur Rab-1. Advocate-on-Record—For the Respondent...

Category: Criminal Law | Date: | Hits: 63

Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)

.... For the reasons we allow the appeal, set aside the orders of the High Court   Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......ement were in the hands of a Board of Directors, but in many respects the control rested in the hands of the Provincial Government. In the context of these facts, the appellant Mansur Ali Ahmed, an Assistant Registrar of Co-operative Societies, Chittagong, was placed at the disposal of the Chitt..

Category: Employment/Service Law | Date: | Hits: 81

Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)

...........................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment February 18, 1975. Lawyers Involved: S. R. Pal. Senior Advocate, Supreme Court, instructed by Abdur Rab, (absent) Advocate-on-Record—For the Appel......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed with­out, however, any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 86

Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribu­nal and another, 1977, 6 CLC (AD)

....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......ers Involved: Mainul Hossain, Advocate with Md. Joynal Abedin, Advocate, Mozammel Huq Khan, Advocate—For the Appellant. Sultan Hossain Khan, Deputy Attorney-Gene­ral with B.B. Roy Chowdhury, Assistant Attor­ney General, instructed by S.S. Hoda, Advocate on-Record—For the Respondent No. 2..

Category: Criminal Law | Date: | Hits: 70

Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)

....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For   these reasons this petition is dismissed. Ed. ...... M/S.  A. T. J. Industries Ltd. and others................. Respondents Judgment April 12, 1977. Lawyers Involved: K. A. Bakr Attorney-General, A. Wadud Bhuiyan, Assistant Attorney-General, instructed by M.R. Khan, Advocate on Record—For the Petitioners. ..

Category: Property Law | Date: | Hits: 57

Mosharraf Hossain Vs. Bangladesh Jute In­dustries Corporation and others, 1977, 6 CLC (AD)

.... Jute In­dustries Corporation and others…………………Respondents Judgment March 2, 1977. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by S.M. Huq. Advocate-on-Record.—For petitioner. Not repres......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 107