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Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....er, with the reduction of sentence discharged the rule. 4. Only appellant Sirajuddin has obtained leave, the other accused did not approach the Supreme Court. In this appeal the question of law involved is that when an accused is charged with two offences, under sections 457 and 380 P.C. ...... the Appellant. M.A. Rouf, Senior Advocate, instructed by A.W. Mallick, Advocate-on-Record—For the Respondent. Criminal Appeal No. 23 of 1974. (From judgment and order dated the 9th February, 1970 passed by the High Court, in Criminal Revision No. 149 of 19...... Appellant. M.A. Rouf, Senior Advocate, instructed by A.W. Mallick, Advocate-on-Record—For the Respondent. Criminal Appeal No. 23 of 1974. (From judgment and order dated the 9th February, 1970 passed by the High Court, in Criminal Revision No. 149 of 1969.)..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
.... The learned Judges, however, appear to have rested their decision entirely on a different foundation. They have sought to maintain the order by way of enforcement of a kind of discipline among the lawyers in general without trying to ascertain the actual cause of the learned Advocate's failure t......as to costs in this appeal. Ed. ......p; Advocate-on-Record—Respondents Nos. 3(2)-3(7) Ex parte—Respondents No. 3(1). Civil Appeal No. 29-D of 1969. (From the Judgment and order dated 26th and 30th January, 1969 passed by the Dacca High Court in Petition No. 245 of 1966)..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....the plaintiffs obtained licence to remain on the land and raised structure thereon with the permission of Defendant No. 1 and that the subsequent cancellation of the said permission was without any lawful authority. The learned Judge has taken the view that as the prayer (a) of the plaint h...... Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Dacca Improvement Trust…………….Appellant. Vs. Waliullah and others……………....Respondents Judgment January ...... Judgment: D. C. Bhattacharya, J.—This appeal by special leave is at the instance of" Dacca Improvement Trust (hereinafter referred to as (DIT) against a judgment and order of a Single Judge of the Dacca High Court reversing a concurrent order of rejection of the p..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....tter, the compuÂtation of income as done by the Income-tax Officer was modified by directing that the profit rate of 40% should be accepted in respect of the said years. 9. A certain question of law said to have arisen from the said order was, thereafter reÂferred by the Tribunal to the Dacca ...... Case is also Reported in: 28 DLR (AD) 141.......come-Tax Reference Case No. 14 of 1966) Judgment Debesh Chandra Bhattacharya, J.—This appeal by special leave is against a judgment of a Division bench of the Dacca High Court on a reference order section 66(1) of the Income-Tax Act holding that the Income-Tax Appellate Tribunal was not jus..Category: Fiscal/Taxation Law | Date: | Hits: 164
....y;able
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.
From the previ.......
14, 1976.
Cases Referred to:
Messers
Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported
in 12 DLR (SC) 121 same case in PLD 1960 SC 371; Octavious Steel and Company
Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD
160 SC 3...... to the operations in Pakistan was computed on
the basis of what was called the Two-man Committee's decision. The Income-tax
Appellate Tribunal after rejecting the appeal preferred against the orders of
the Appellate Assistant Commissioner referred the following questions for the
opinion of..
Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....asis for a bonafide claim to the crops grown on such land by the persons in possession of the same in assertion of their title thereto. The learned counsel has not disputed this proposition of law. He has however, submitted that in the instant case the trial court considered the evidence in...... Present: Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April 6, 1976. Lawyer......d by Abu Bakkar, Advocate-on-record—For the Petitioners. Not represented—For the Respondents. Criminal Review Petition No. 2 of 1976. (Arising out of judgment and order dated 17. 6. 75 passed in Criminal Appeal No. 24 of 1974). Judgment: Ahsanuddin..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....pondent No. 2 to supervise and manage the business of the Company and in September 1972 Sajjad Hossain and his wife executed a general power of attorney appointing the said respondent No. 2 as their lawful attorney to manage the Company. Sajjad Hossain and the members of his family were in Karachi ......d. This Case is also Reported in: 28 DLR (AD) 120. ......Chowdhury, Advocate instructed by S. S. Hoda, Advocate-on-Record—For the Respondent No. 1. Ex-Parte—Respondent Nos. 2 to 4. Civil Appeal No. 21 of 1975. (On appeal from the judgment and order of the High Court Division dated 22. 5. 75 passed in petition No. 1054 of 1974). Judgment ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of BanglaÂdesh and others, 1976, 5 CLC (AD)
....nstitution Order of 1969 before the High Court of East Pakistan for a declaration that the order imposing excise duty on the stockinet "hoses" manufactured by the Company was without lawful authority and was of no effect. The case made over in the said petition as that the petitio...... to costs in this appeal. Ed. ......nd Order dated 1-12-75 passed by the High Court Division in Writ Petition No. 453 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Bench of the High Court of East Pakistan dismissing a Writ petition summarily. 2...Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
.... of such applicants may place him or them as the case may be in possession of the property vested in him or them.” 6. It is obvious that in view of the; above provisions of law a court may, on the application of the pre-emptor, put him into possession of the property......Supreme Court Appellate Division (Civil) Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Ne......F.M.A. No. 59 of 1967). Judgment: Ahsanuddin Chowdhury J.—This appeal by special leave is from a judgment passed by a Division Bench of the Dacca High Court affirming an order of the Subordinate Judge, 3rd Court, Dacca in Miscellaneous Case No. 50 of 1967. 2. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....r appellate Court, which was the final Court of fact were binding upon the High Court in Second Appeal and such findings could not be interfered with except when they were vitiated by some error of law, or a substantial error or defect in procedure affecting the merits of the case. The High Court ...... Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......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)
....eed suffered from vagueness and indefiniteness. Hence it had not been established that the property in dispute was a part oi the wakf estate. Leave was granted to consider a question of law, as to whether wakf of a Mushaa for the upkeep of a mosque is a valid dedication under the Muha......Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &......of the wakfnama is so vague that an executable decree cannot be passed. The decisions of the Court's below cannot stand. 15. We however find that deciding the question of the leave order does not dispose, of the suit. The Trial Court dismissed the suit on three grounds; first, th..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....n the application that the plaintiffs and the principal defendants being Indian Nationals and having resided in India the disputed properties had vested in the applicant defendant under the emergency laws in force, that in the absence of the Indian nationals several interested parties who were pro f...... also Reported In: 28 DLR (AD) (1976) 65. ......he Judgment and Order dated 28.7.1971 passed by the Dacca High Court in Civil ReviÂsion No. 962 of 1967) Judgment Debash Chandra Bhattacharya, J.—This appeal by special leave is against an order of a Division Bench of the Dacca High Court refusing to exercise its revisional jurisdiction t..Category: Property Law | Date: | Hits: 93
.... of the person whose name appears therein, but this also lends supÂport to the claim of title made by plaintiff. It seems to us, that this view of the High Court does not state the correct view of law on the presumption arising from the record of right. Both the learned counsel have on this point......
Syed AB Mahmud Husain CJ
Ahsanuddin Chowdhury J
Kemaluddin HoÂssain J
Lal Meah, being dead his heirs Momena Khatun & others………..Appellants.
Vs.
Haji Md. Ibrahim Meah and others......Respondents
Judgment
November 28, 1975.
Result:
The appeal is allowed......nts. We, however, do not feel the necessity of adverting at length to them, as we find that the question involved in this appeal should be disposed of with reÂference to points raised in the leave order.
8. The points referred to in the leave order, though mentions question of title and posse..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election CoÂmmissioner and others, 1975, 4 CLC (AD)
....he Election Tribunal had no jurisdicÂtion to set aside the election to the said offices and the part of the order purporting to invalidate the election to the said offices was patently withÂout any lawful authority. This point has not taken by the appellant before the High Court Division nor has i......Case is also Reported in: (1976) 28 DLR (AD) 51. ......1975 (From the Order dated 3-12-1974 passed by the High Court Division in Petition No. 1473 of 1974). Judgment Debesh Chandra Bhattacharya J.— This appeal by Special Leave is against an order of a Bench of the High Court Division summarily rejecting an application under Article 102(2) ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....iability, if any, which might arise under the said contract. The present right to the money has been very much circumscribed by virtue of the said contract, and it being under the physical and lawful control of the Government for the satisfaction of the debts which may arise under the contra...... Appellate Division (Civil) Present: A. M. Sayem, C. J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abd......he Appellant. S. M. Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 7 of 1973 (From the Judgment and order dated 2. 5. 1969 passed by the High Court of East Pakistan in Civil Re-vision Case No. 101 of..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....ust in the coal, it was submitted that the Railway Authorities knew that the coal contained appÂroximately 60% earth and dust. The learned counsel has, therefore, argued that the High Court erred in law in refusing to interfere, in exercise of powers under section 561-A of the Code of Criminal Proc......e case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......our concern in this case and not the quesÂtion of facts. Section 561A provides:— "Nothing in this Code shall be deeÂmed to limit or effect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the ..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....ound in his dwelling hut. It was, therefore, submitted that while examining the appellants under section 342, Cr.P.C. proper compliance of the requirements of the aforementioned provisions of law would have been made if appellant Razzaque's attention, were drawn to the evidence that af......din Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1976 (From the Judgment and order dated 24-2-75 passed by the High Court Division in Criminal Appeal No. 330 of 197 3....... Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1976 (From the Judgment and order dated 24-2-75 passed by the High Court Division in Criminal Appeal No. 330 of 197 3.) ..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)
.... three appeals are by way of Special Leave arise out oi judgment of the High Court of East Pakistan in three Reference cases under section 66(2) of the Income-tax Act. As a common question of law is involved, they are heard analogously and disposed of by one judgment. The question is whethe......peals are dismissed with costs. Ed. ......966-67, 1962-63 and 1963-64 and in so doing he disallowed the claim for initial depreciation of their new ships used by them in respective years of assessment. 4. Against the said orders, the assessees preferred direct appeals to the Income Tax Appellate Tribunal, Dacca Bench. T..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of BangÂladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
.... questions and disputes concerning the work under the said agreement were to be referred to the Superintending Engineer to be nominated by the Chief Engineer, Pak. P.W.D. for arbitration according to law. 3. A dispute having arisen on completion of the aforesaid work between the parties as to the......ment of BangÂladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, reported in (1835-42) All England Reporter 71...... (From the Judgment and Order dated 9.7.70 passed by the Dacca High Court in Civil Rule No. 1739 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by speÂcial leave is against an order of a Division Bench, of the Dacca High Court refusing to interfere in exercise of its revision..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan CineÂma Co., 1976, 5 CLC (AD)
....igh Court. Clause (2) consists of three sub-clauses. Sub-clause (a) says that an appeal shall lie to the Supreme Court, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. Sub-clause (b) says that an appeal shall lie to t...... Ed. ......Act. The Tribunal also observed that this deduction would be allowable under section 10(2) (xvi) of the Act. 4. The Commissioner of Income-Tax, was however, dissatisfied with the order of the Tribunal and prayed for a reference to the High Court Dacca but prayer was rejected b..Category: Fiscal/Taxation Law | Date: | Hits: 126
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