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Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)

....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......an J Abdul Momith Choudhury J Commissioner of Income Tax, Chittagong……………………Applicant Vs. Consolidated Tea & Lands Co. Ltd..........................Respondents Judgment February 16, 1978. Result: Th..

Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4

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.     ......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.     ......971 All England Law Reports page 394; Lord Esher M. R. Leduk & Co. Vs. Ward and others (1888) 20 Queen's Bench Division at page 475 (479); Hain S. S. Co. Vs. Tate & Lyle; Manchester Trust Ltd. Vs. Furness, (1895) 2 Queens Bench Division, 539 at 54; Satendra Nath Mitra Vs. Union of India,..

Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ......e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ......e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....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.       ......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.       ......J Ayaz Bahdaur Khan & others.....................................Appellant Vs. Abdus Sobhan & others...........................................Respondent Padma Petroleum. Ltd. ...........................................Appellant Vs. Abdus Sobhan & others.....

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ......tion, he issued a crossed cheque No. CBY 430334 dated 3-9-76 for the said amount of Tk. 76,000/- with a forwarding letter to the Chairman, Chittagong Pourashava and the amount was drawn on the Janata Bank and it was endorsed that the payment of the cheque is guaranteed on 7th September. 1976 by the ......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....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       ......se certain litigations were pending in connection with the land. It was mentioned that his father-in-law had made a gift to his wife by cheque No. DFA 205371 dated 22-4-65 for Rs. 150001- of National Bank of Pakistan and also Rs. 20001-in cash. He disputed the costs of the construction of the Gulsha......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       ..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

.... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......onduct of its agent lawyer for the ends of justice...............(8)  Cases Referred to- The Sind Tanneries Ltd. Vs. Hajee Mohammedin & Co., 8 DLR 719; Azizur Rahman Vs. Janata Bank, 28 DLR 252. Lawyers Involved: Shahid Alam, Advocate - For the Petitioner. Sulta......ent shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8)  Cases Referred to- The Sind Tanneries Ltd. Vs. Hajee Mohammedin & Co., 8 DLR 719; Azizur Rahman Vs. Janata Bank, 28 DLR 252. Lawy..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

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. ......ny, PLD 1962 Karachi 715; East and West Steamship Company Vs. Husain Brothers (1967) 19 DLR (SC) 530=PLD 1968 SC 15; In Pyren Com­pany Ltd. Vs. Scindia Company Ltd. (1954) 2 QBD 402; Sze Hai Teng Bank Limited Vs. Rambler Cycle Co. Ltd. (1959) 3 All. E.R. 182 (PC). Lawyers Involved: Ahm...... Referred to- Adam Limited Vs. East West Steamship Company, PLD 1962 Karachi 715; East and West Steamship Company Vs. Husain Brothers (1967) 19 DLR (SC) 530=PLD 1968 SC 15; In Pyren Com­pany Ltd. Vs. Scindia Company Ltd. (1954) 2 QBD 402; Sze Hai Teng Bank Limited Vs. Rambler Cycle Co. Ltd...

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357

Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)

....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149.         ......eer Navigation Company. Plaintiff respondent No. 2 the insurer of the said vessel, by virtue of letter of abandonment executed in favor of the insurer by the said owner and the Industrial Development Bank of Pakistan, the mortgagee upon full settlement of the loss, became entitled to the said vessel......ails and the same is dismissed. Appeal No.1 of 1968 succeeds partially, and the same is allowed in part. Case Referred To- Bai Vashibai and another Vs. The Scindia Steam Navigation Co. Ltd. A.I R. 1961 Bom. 200 Lawyers Involved: Syed Azizul Huq with Sultan Hoisain Khan, Advo..

Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....tructed buildings on the said land and when he had been ownership and possession thereof, died leaving 5 sons, who sold the land along with buildings for a consideration of Rs. 60,000/- to the Muslim Commercial Bank Ltd. by a registered deed of conveyance dated 6th April, 1948, and that the said Ban......ldings on the said land and when he had been ownership and possession thereof, died leaving 5 sons, who sold the land along with buildings for a consideration of Rs. 60,000/- to the Muslim Commercial Bank Ltd. by a registered deed of conveyance dated 6th April, 1948, and that the said Bank conveyed ......ed in: 30 DLR (HCD) (1978) 1. ..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

.... in­volved in this appeal is whether the assets and business of the Respondent firm were taken over by the Government under the Bangladesh (Taking Over of Control and Management of Industrial and Commercial (Concerns) Order, 1972 (Acting President's Order No.1 of 1972), whether the said asse......the firm was tak­en over subsequently on 24.1.1972. Mr. Mujibur Rahman who was named as a partner in the deed of partnership on 1st November, 1971 was made one of the three joint operators of the Bank Accounts of the firm and he was later nominated a sub-Administrator of the firm by the Governme......p;…..…Respondents Judgment January 27, 1977. Result: This appeal is dismissed. Cases Referred to- M/s. Khan Bros. (1975) 27 DLR 423; M/s. Helal Jute Press Ltd. (1975) 27 DLR 551; Govt. of Bangladesh vs. Messres A. T. J. Industries Ltd. and others,(1976) 2..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)

.... 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. ...... of passing it on to the manufac­turers on the consumers. 6. The Public Notice were followed by F. E. certificate No. 76 dated September 17, 1966 issued by Exchange Control Department, State Bank of Pakistan, Dacca which informed all the banks in East Pakistan of the require­ments conta......charya J FKMA Munim J Controller of Imports & Exports, Govt. of Pakistan (Now Bangla­desh) and others..................Appellants (In all the cases) Vs. Adamjee Jute Mills Ltd. Dacca and others.......Respondents (In Civil Appeal No. 20-D of 1968) Pakistan Light Casti..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....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. ......ident has never been interpreted to mean permanent resi­dent. The authorities cited by him may be considered. In Ex parte Breull 18 Chancery Division 484, the question of 'resident' in Bankruptcy Rules was interpreted to mean a person where­ver he is found. In Berkshire C......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

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

....of Property Act, 1948. The petitioner who is the owner and proprietor of Stall No. 185 of the Chittagong Development Authority, New Market Hawker's Market, Jubilee Road, Chittagong, took lease of Commercial plots No.1 and 2 from the Chittagong Development Authority (which I will call 'the au...... 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

The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)

....s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ......s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ......s order. In the result the rule is discharged without any order as to cost. Shahabuddin Ahmed J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 487   ..

Category: Property Law | Date: 30 Jul, 1975 | Hits: 3

Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)

....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   ......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   ...... 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. Result: Both the..

Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3

Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)

....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275     ......etation of Article 3 of President's Order No. 1,2 of 1972 is involved, and which is a question of general importance. 2. Facts concerning the Revisional Case briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgment-debtor, Sunil Kumar B......1881) 8 Q B.D. 267 Per Lord Coleridge C.J. In Barlow Vs. Teal (1885) 5 Q B.D. 403 Messers S.A. Haroon Vs. Collector of Customs (1959) 11 D.L.R. (S.C.) 200; Noakes Vs. Doncaster Amalgamated Collieries Ltd. Lawyers Involved: Moinul Huq-For the Petitioner  Mian Abdul Gafur, Asr..

Category: Property Law | Date: 11 Apr, 1975 | Hits: 4

Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)

....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ...... however, refuted the contention of Mr. Khondker on the first point, namely, in a suit of this nature the plaintiff is entitled to put his own valuation. He submits that the Tea Estate as well as the Bank account are concrete properties whether movable or immovable and as such there is good objectiv......ers.......................................Opposite parties Judgment March 5, 1974. Result: The rule is made absolute. Cases Referred to- Kumudini Welfare Trust of Bengal Ltd. (1959) 11 DLR 57; Md. Yasin (1974) 26 DLR 82;Mt. Sushila Devi Vs. Ram Kishan Das and others, A...

Category: Property Law | Date: 5 Mar, 1975 | Hits: 2

Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)

.... 13. In Joy Chand’s case a question under s. 36 of the Bengal Money Lenders Act (Act X of 1940) case before a "Subordinate Judge and it turned on the character of the loan as to whether it was a Commercial loan within the meaning of the Act. The learned Subordinate Judge having held the loan to......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. ......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