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FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
.... duty. 12. We have given our anxious thoughts to the version of the complainant-appellant and also to those on behalf of the respondent. Though we feel that a promising life at its budding time has been lost due to the police firing which was resorted to under compelling circumstances th......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)
....nce is committed in prosecution of the common object of that assembly or such as members of the unlawful assembly know to be likely to be committed, then whoever is a member of that assembly at the time the offence is committed is guilty. Now the question is whether it is necessary to charge a pe......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
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
.... Ahmed as well as the sentence passed on them are hereby affirmed. Now let us turn to appeal No. 8-D of 1971 preferred by Mr. Khurshed Alam who was Secretary, Narayanganj Municipality at the relevant time. 10. The High Court, as already stated, issued a Rule suo motu against appellant Khurshed A......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
.... true meaning of the clause: "if the offence intended to be committed is theft", in section 457 of the Penal Code. The clause, as we find, refers to a state of mind of the accused at the time of entry. What is required is the presence of a state of mind at the time of entry, the intent......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)
....e Rule. There was none present in Court on behalf of the petitioner when this item was called for hearing. None prayed for passing over or for adjournment of the matter. We have observed for some time past that learned Advocates are not generally found on call and after cases are dismisse......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
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....ed Munsif as well as his order rejection of the plaint. 5. A second appeal was filed by the plaintiffs in the Dacca High Court against the said order of rejection of the plaint. At the time of the hearing of the appeal, a preliminary objection was taken on behalf of the present ...... 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)
....he returns made by 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 ma......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)
....rom money payable to the Company and for the claims and demands of the Company and (subject to the provision of the Act) may exercise such of the powers of the Directors as may from time to time be lawfully delegated to them other than a power to issue Debentures." 16.......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
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....angladesh or whose whereabouts are not known or who has ceased to occupy, supervise or manage in his property including: (i) any property owned by any person who is a citizen of State which at any time after the 25th day of March, 1971, was at war with or engaged in military operations against th......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
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....-60. Md. Asim thereafter transferred the property to the plaintiff by means of a registered deed of sale dated 25-3-61. The defendant having been found to be in possession of the said property at the time when Md. Asim acquired it was taken to be monthly tenant of the said premises and both Md. Asim......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)
.... whence it cannot be divided but by an alternate application of it to different purposes, such as it being applied one year to the interment of the dead, ad the next year to tillage, or at one time to prayer and another time to the keeping of horses, which would be singularly abominable.&quo...... 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
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....trying to dispose of the disputed properties mentioned as item Nos. 16 and 17 and cause various kinds of harm to the other properties. 6. Defendant Nos. 6 and 7 appeared in the suit for the first time on 3.7.67 on which date they filed an application praying for vacating the order dated 28.6.67 ......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
....at the presumption of correctness arising from the record of right under s. 103B of the Bengal Tenancy Act raises a presumption of Possession in favour of person whose name is recorded therein at the time of its final publication. No forward or backward presumption arise from correctness of record o...... 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)
.... the judgment-debtor, subject to the lien or charge of the security holder. 10. The creditor steps into the shoes judgment debtor, and enjoys the identical as the judgment debtor has over the time of attachment, and his right is subsequently limited to that of the judgment-debtor. 11......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
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ssees are foreign shipping companies registered in U.S.A. The Companies ply their ships in different countries of the world including the then Pakistan. They introduced and used for the first time new ships in each of the assessment years. The dispute centres round the allowance......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)
....n the 2nd April, 1968 but he having failed to give the award within the prescribed period of 4 (four) months from 2-4-68, the First Court of Subordinate Judge, Dacca was moved by him for extension of time in what was registered as Miscellaneous Case No. 78 of 1968. Extension was granted from time ......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)
....aw. The Article is enabling one. It gives additional jurisdiction to the Supreme Court, if there be any existing or future law. Article 225 preserves and continues in force all laws in force at the time of the commencement of the Constitution. Income-Tax Act no doubt, was one such existing law. S......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)
.... and that, in view of the objection, however, they might be impleaded as parties; and thereafter the said 8 persons were impleaded as proforma Opposite-parties No. 89 to 96. 5. At the time of the hearing before the trial Court, only two points were pressed, namely, whether the petit......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
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....he trial. On a notice from the Division, the learned Attorney-General has appeared and we had had the advantage of hearing learned arguments from the Bar. Mr. Karim for the appellant at the time of hearing has abandoned the third question, nor do we find any alleged procedural error commi...... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....roperty of the certificate debtor situated in the district in which the certificate is filed, shall be void against any claim enforceable in execution of the certificate, and that the amount due from time to time, in respect of the certificate shall be a charge upon the immovable property of the c......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
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