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M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....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: ......in Ahmed. The High Court has clearly held that the above allegations were proved on evidence adduced by the complainant-respondent Mainuddin Ahmed. In view of the facts, circumstances and evidence on record we have no reason to hold otherwise. Now the question is whether Mr. M.A. Zaher and Haji Jala......ent of such offence and as such the appellant could not be convicted as an abettor. The evidence shows that the notice of injunction could not be served upon the Chairman personally. Failing personal service, the process server did not unfortunately serve the notice by hanging on any conspicuous pla..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....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. ......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. ......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)
.... instant case. There might have been some cause for being irritated due to the conduct of some Advocates who were found to be not alive to their responsibilities but that cannot be regarded to be a good reason for penalising a party who or whose Advocate could not be found to be delinquent in th......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. ......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)
....ant No. 1, the plaintiffs are trying to establish that in view of the subsequent arrangement and action taken by defendant No. 1 the order of requisition and acquisition which might have been good and unexceptionable at the time when it was made has become unenforceable and inoperative beca...... for the default of the office in suggesting that it was needful for the party to move the Court for the necessary order and that the decree having ultimately been prepared and formed a part of the record before the appellate Court, it could not be said that the appeal before the First Appe......aining the appellant and others from enforcing the requisition and/or acquisition and disturbing thereby the possession of Respondents No. 1 and 2 in the property in suit. 3. After the service of the notices of the suit the appellant, namely, Dacca Improvement Trust, which is defenda..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....profits as disclosed in the said accounts by taking recourse to the proviso to section 13 of the Income-Tax Act. 2. The assessee is a Private Limited Company which derives incomes from dealing in goods like paper board and glass and also from running photo offset and printing press including pri......t satisfied as to the genuineness of this loan and held that the said sum of Rs. 30000/- was really the income of the assessee company kept outside the books of account. 4. The Income-tax Officer recorded similar findings as to non-acceptability of the assessee company's accounts for the assessm......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)
....of the managed Company's business transactions as well as property affairs in consideration of a commission at the rate of 2 ½ % of the gross proceeds arising from the sale-of the goods produced by the mills of the managed company and any other goods sold by the managed company ......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. ......;ging company to be concerned about. He has further contended that the Managing Agency Agreement having provided that the managing company would receive, by way of remuneration of their service of general management of the managed company's business transactions, properties etc. a com..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......ip;…...Respondents. Judgment April 6, 1976. Lawyers Involved: Shaukat Alt Khan, Advocate, with A. Basel Majumdar, Advocate, instructed by Abu Bakkar, Advocate-on-record—For the Petitioners. Not represented—For the Respondents. Crimina......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....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. ......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. ......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
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....ellant used to buy substantial quantity of Stockinet "hoses" from the manufacturers of the said "hoses" from the market, who were not required to pay any excise duty on the said goods. According to the appellant Company, the Stockinet "hoses" manufactured on the......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....t No. 1 Ashrafun Nessa was not maintainable as she was not a party to the pre-emption proceeding and (ii) that in the absence of a finding that Respondent No. 1 Ashrafun Nessa was claiming in good faith to be in possession of the property on her own account, the execution case should n......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......stigation of Respondent No. 2, the purchaser. The entire case of the appellant, as sought to be made out in the executing court, was that the compromise order or pre-emption having been made after service of necessary notice upon Respondent No. 1, as required under section 96(2) of the Act, was ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....ation. 8. On the question of the plaintiff's title, it was found by the said court that the deed of sale Ext. 1 was a valid and genuine document on the basis of which the plaintiff had acquired a good title to the property in suit. The Judgment and decree of the learned Subordinate Judge were se......he finding, on a consideration of the evidence that Md. Asim acquired valid title to the disputed property on the basis of the dead of exchange as pleaded in the plaint, but that there was nothing on record to show that the defendant was ever a tenant in respect of the disputed premises. It was furt......fendant had entered into the disputed premises in August, 1950 and as such the suit was not barred by limitation, and that the defendant having been found to be a trespasser, there was no question of service of notice under section 111 (g) of the Transfer of Property Act. 6. The learned Addition..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... 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. ...... of a Wakf estate of which the appellant, Mozaffar Ahmed is the Mutwalli and for khas possession thereof. The lands in dispute belonged to Mokhlesur Rahman who and his three brothers were recorded in the R. S. Khatians as korfa tenants. He, by a registered deed of Wakf, executed on the ...... 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)
....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. ......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. ......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
.... 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. ......by special leave arising out of a suit for recovery of possession of the suit land upon declaration of the plaintiffs title therein. The suit land is R.S. Plot No. 158 of mouza Madar Bari, Chittagong recorded in Khatian No. 234. Plaintiff says that the suit plot was recorded in raiyati right of Abdu...... 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
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ...... No. 3 obtained 737 votes. 5. Evidence was adduced by the contesting parties to the election petition in support of their respective cases and the Tribunal, on a consideration of the materials on record, came to the finding that the counting of votes which commenced in the morning on 22.12.73 at......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
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. ......ast Pakistan. It was further ordered that the Court below would consider the objection only, when the amount attached was transferred to Court within three weeks from the date of the receipt of the records in that Court. The case was remitted back to the said Court. It appears that the said order......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
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....d any claim against under loading, improper loading or short delivery by the stockist, demurrage, wharfage claim by consignees for want of timely advice from the stock-holder will have to be made good by him, failing which such claim will be met from him." 5. It was also submitted that the ......r reasons considered above we are of the view that the High Court has rightly refused to quash the proceeding in exercise of powers under section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also......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. ..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......n drawn to the evidence that from his dwelling hut the incriminating articles were seized by the Officer-in-Charge and explanation, if any, offered by them ought to have been recorded. But instead, the question put to them was "You have heard the evidence of the ......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 64
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....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. ......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. ......, it was observed that the expression 'installed' did not necessarily mean fixed in position but also mean used in the sense of inducted or introduced or to place an apparatus in position for service or use. On this analogy we can very well say that introducing a ship for ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....n period of time given to the parties to come to an agreement has been introduced for the benefit of certain individuals, namely, the parties to an arbitration agreement and, not for general public good and such benefit may therefore be waived by the party for whose benefit it is likely to operate......ject-matters of prescribed value. It may be competent to deal with controversies of a specified character, for instance, testamentary or matrimonial causes, acquisition of lands or public purposes, record of rights at between landlords and tenants. This classification into territorial jurisdic......such the Court had no jurisdiction to appoint an arbitrator under section 8 of the Arbitration Act. 6. One of the objections which was seriously pressed at the time of the hearing was that the service of a copy of an application under section 8 of the Arbitration Act could not be taken to b..Category: Alternative Dispute Resolution | Date: | Hits: 258
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