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....ills Co. Ltd. (1976) 19 Sales tax Cases 144 to which reference has already been made. The Supreme Court of India applied the doctrine of merger to a tax proceeding and we find ourselves insubstantial agreement with the said view.
22. Now the question is that having regard to the ratio as laid d......pellant
Vs.
Commissioner of Income-tax, Dacca Zone and another……...Respondents
Judgment
March 4, 1977.
Result:
The appeal is dismissed.
Cases Referred to-
Late Rajeswar Prasad Vs. Income-tax Officer (1959) 36 I.T.R. 492; Karsandes Bhagwan Das Fat...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....ublic of Bangladesh. The petitioner's claim for renewal is based upon clause 13 of the original lease deed dated 9th March, 1932 which provides that if the lease carries out all the terms of this agreement then on the expiry of the lease he shall be entitled to successive renewals of settlement ......lam CJ.– In this application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca purporting to resume the land in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca on cancellation of the lease......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
....des for Lungies. The price fixed by the Sub-divisional Controller, Civil Supply (by Ext. 10) was done without consent of the plaintiff and that the revised price list Ext. 10(a) was also done without agreement of the plaintiff. The plaintiff filed objection, copy of which is Ext. 11. Amiya Sen, a cl......ing in the then Province of Bengal in different capacities.
2. The case of the plaintiffs in brief was that it was a registered firm and had been carrying on whole-sale and retail business of cotton goods, woolen goods, silk goods, and hosiery goods etc. in the town of Chittagong at its own pre......rice of the goods at the time. But no compensation has been paid or offered to the plaintiff of the articles relating to the requisition done on 26-9-45. It was customary with the plaintiff firm that selling prices of all the Mill made goods, silk goods, woolen goods, handloom made goods, piece good..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....mic exercise to discuss and consider then here, hence we refrain from doing so. 68. Mr. Moinul Hussain, Counsel for the respondents in C.A. No. 22 to 38, 42, 44-46 of 1968 expressed general agreement with the learned Counsel who proceeded him in making there submission before us. He veheme...... Adamjee Jute Milts Ltd. Dacca.…….Respondent (In Civil Appeal No. 47-D of 1968) Judgment August 18, 1976. Result: All the appeals are allowed. Cases Referred to- Abdul Kader Vs. Sales Tax Officer, AIR 1964 (SC) 922; Nawit Lal Vs. K.K. Sen, AIR 1965 ...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....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. .......................Appellant Vs. The State...........................................Respondent Judgment July 29, 1976. Result: The appeal is allowed. Cases Referred to- Colonial Sugar Refining Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC);...... seizure list witnesses. Defense examined no witness. The 'earned Judge of the Special Tribunal accepted the case of the prosecution end found the appellant guilty of the charge of preparation to sell the contraband silk yarn in 34 moras in the black market and thus committing an offence under s..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, EnÂemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ationaÂlity, 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. ...... Gurudas Saha............AppelÂlant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, EnÂemy Property (Lands & Buildings) & others............Respondents (In both the ap......the Board of Trade made an order under section 7(1) (b) of the Trading with the Enemy Act, 1939, vesting plaintiff's sovereigns in the Custodian of Enemy Property, and giving the Custodian power to sell them. By the direction of the Custodian, the sovereigns were sold to the Bank of England. In ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....ession. In the event of a party disagreeing with the award, of the Arbitrator, the matter was to be referred, to the umpire, Mr. Alimullah Chowdhury. Both the parties on 28-9-67 executed an agreement for reference to Arbitration in accordance with the order of the Additional Deputy Com...... Q.G. Ahad...………………………………….Respondent Judgment January 20, 1976. Result: Cases Referred to- Jugal Kishore Vs. Goolbai, AIR 1955 (SC) 812; Union of India Vs. Rallia Ram, AIR 1963 (SC) ......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....562-/- as the construction expenses on 4-7-73 and also deposited the amounts of Tk. 1394/- and Tk. 1465/- on 19-2-74 and 21-5-74 respectively. The respondent No. 3 also signed and submitted the lease agreement for the shop on 20-4-73. It was also mentioned that there was no rule made by the D.I.T. p...... has been applying for the settlement of this space under the stair case. He received no reply from the respondent No.1. On 7.8.72 the petitioner again filed an application for allotment of the space to him. He also applied to the Chairman D. I. T. on 19. 12. 72 and a copy of his application has bee......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
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....aler in essential commodities appointed by the Government" as used in this clause does not include the petitioner who is not a "dealer" but a "contractor" who entered into an agreement with the Marine Academy to supply certain provisions as mentioned in the agreement for sup......rounds, namely, first, the Election Tribunal committed a serious illegality in declaring the entire election void when, as a matter of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article ......;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 whether in c..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....that regard yet from the plea taken in the written statement, it is manifest that the authority had the same intention to treat the period of absence as in the case of Bacha Mia. We are in respectful agreement with the view taken in the cases reported in A.I.R. 1946 Rajasthan 145 and 1962 P.L.G. 102...... and another , 1962 P.L.C. 1021. Lawyars Involved: Mozammal Huq—For Petitioner (In C.R. No. 1423 of 1970 and for opposite party (In C.R, No. 811 of 1968) Ranadhir Sen—Dy. Attorney-General—For Opposite-party Ro.1 (In C.R. No. 1423 of 1970) Mohammad Ali—For Oppos......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
....935 Madrass 750, Seth Devendra Kumar Vs. Mrs. Nirmal Bai, A.I.R. 1944 Nagpur 292 and Abdul Gafur Mia and others Vs. Abdul Gafur 12 D.L.R. 629 same case P.L.D. 1961 Dacca page 174. We are generally in agreement with the view taken in those cases, and, in our opinion, in the facts of this case, there ......ppellants
Vs.
Mofasiluddin Ahmed and others……………Respondents
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. Morar...... 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
......
Govt. of the People's Republic 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......nt of the People's Republic of Bangladesh. This handout, which was issued on 11.12.72, runs as follows:-
”.....The Government of the People's Republic of Bangladesh have decided to sell out some of the abandoned industrial concerns taken over by them, Industrial concerns, the valu..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....onsistent with the international personality of the State of Bangladesh as a new member of the family of nations. Some of the, Pakistani laws might have reflected or been based on, some international agreement or commitment made or obligation undertaken or any special relationship, either of amity o......Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. R......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
.... Mr. Huq, the ex parte decree will be null and void, but not his appeal dismissed for default. The strict interpretation leads to attempt to deduce a general proposition from the cited decisions. The agreement of Mr. Huq does not commend to me. The illustrations indicate that the purported deduction......Sunil Kumar Basu & others………………….Opposite Parties Judgment April 11, 1975. Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muh...... the consequences of failure. 58. Under Order 40, rule 4 when the receiver fails to submit his account as directed by the court the court may direct his property to be attached and may sell such property. To take another example Order 16, rule 10(2) the court may issue a pro..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....ed the Respondent, Obaidul Huq on 29-7-61. It was alleged that RamÂjan was a benamdar of the landlord-decree holders. The holding belonged to Uttama Sundari Devi who had left for India. There was an agreement of sale between her and ResponÂdent Abdul Azim who was in possession of the property at t......€¦...Appellant Vs. Obaidul Huq Chowdhury and others…………..Respondents Judgment February 5, 1975. Result: The appeal is allowed. Cases Referred to- Raja Amir Hassan Khan Vs. Sheo Baksha Singh II IA. 237; Balakrishna Udayar Vs. Vasudeva Aiy......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
....le. The learned Subordinate Judge has therefore, come to the conclusion that the sale held on 1.10.54 was a valid sale.
8. On the question of the plaintiff's allegations as to the subsequent agreement for payment of the dues in weekly installments the earned subordinate Judge has, on a cons......fth now Bangladesh Court of the Subordinate Judge, Dacca in Title Suit' No.7 of 1960, which the Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the ......ken the view that what is required under section 176 of the Contract Act is a notice to the owner of the goods, which were pawned as security for the loan, of the intention of the Pawnee to sell the goods on the default of the owner to repay the loan and the notice dated 31. 8. 54, which h..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....on by staff. One month's notice, from either side showing sufficient reasons.” 41. The Learned Chairman found that this agreement was entered into between the employer and the employee and this agreement being more favou......t aside. The award made by the learned Chairman directing the re-instatement of Aminul Islam is also set aside. The order terminating the services of Aminul Islam holds good. Cases Referred to- East Pakistan Aluminum and Iron Manufacturing Co. Vs Chairman Industrial Court Dacca, 16 DL......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....as quite correct in his appreciation of the said view. It may be mentioned that Mr. Justice Das delivered a separate judgment in Behram Khurshid's case A.I.R. 1955 (S.C.) 123 in expressing his disagreement with the majority view on the question of onus of proof and stating that Art. 13(1)&n......................Petitioner Vs. Kashem Ali Maloo..............................Opposite Party Judgment January 22, 1974. Result: Rule is made absolute. Cases Referred to- Chittaranjan Sutar Vs. Secy. Judicial Department, 17 DLR 451;State Vs. Dosso, 11 DLR (......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....2 of the No- wabpur Union Arbitration Court. P. S. Sutrapur, Dacca constituted under the President's Order No.13 of 1972. 2. The petitioner in his petition has stated that he entered into an agreement of purchase with one Madhusudhan Basak, son of late Kalchand Basak of the premises situate......p;…………………Respondents Judgment March, 20, 1973. Result: the Rule is discharged and the order of stay is vacated. Case Referred to- M. Noman Vs. Dacca Improvement Trust and others,16 D.L.R. (Dacca) 537. Lawyers Involve......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....aintiff's case in short is this that suit land belonged to pro-defendant who told it to the principal defendant on 21st Jaistha 1366 B.S. for a consideration of Rs. 1250/- and on the same date an agreement was concluded between the parties to the effect that the principal defendant would reconve......Appellant Vs. Fajilatennessa and others.…………Defendant-Appellant Judgment January 8, 1973 Result: The appeal is dismissed. Cases Referred to- Ratish Chandra Mridha Vs. Hara Krishana Goldar and others (1963) 13 DLR 634; Sakalaguma Nay...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
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