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Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)

....attacharya, J. Swami Joytirghananda………..….Appellant. Vs. Deputy Commissioner, Khulna and others…………..Respondents. Judgment, Dec 9, 1975. Lawyers Involved: B.N. Chowdhury, Advocate, instructed......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)

....zle Munim, J. Dacca Improvement Trust…………….Appellant. Vs. Waliullah and others……………....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharl...... 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)

....n Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Commissioner of Income-Tax, Dacca Zone, Dacca......Appellant. Vs. M/s. Ata Hossain Khan Ltd....... Respondent. Judgment November 19, 1975. Result: The appeal is allowed. Cases Referred to- Bomba......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)

....p;………...Appellants in both the appeals. Vs. Commissioner of In­come-Tax, Chittagong…………....Respondents in both the appeals. Judgment, Jan. 14, 1976. Cases Referred to: Messers Octavius Steel Company L......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

Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)

....D. C. Bhattacharya, J. Fazle Munim, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April 6, 1976. Lawyers Involved: Shaukat Alt Khan, Advocate, with A......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)

....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 Mahmud Husain CJ.—This appeal by special leave is against a judgment of a Bench of the......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)

....huli Rayon and Chemical Ltd…………....Appellant. Vs. The Govt. of Bangla­desh and others…………….....Respondents. Judgment, May 7, 1976. Cases Referred to: Hansraj Vs. H.H. Dave AIR 1970 SC......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)

....ury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Nessa Bibi and others. ...Respondents Judgment July 3, 1975. Cases Referred to: Jogendra Chandra Sen Vs. Bibe......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. ..

Category: Property Law | Date: | Hits: 77

Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)

....resent: Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Khondkar Mohiuddin…………...Appellant. Vs. Syed Moin Ahmed…………....Respondent Judgment August 13, 1976. Cases referred to: Mt. Durga Choudhurani Vs. Jawahri Singh Cho......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)

....din Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment           December 4, 1975. ...... 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)

....Choudhury J Kemaluddin Hosain J Debash Chandra Bhattacharya J Azizur Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 1975. Result: The Appeal fails. Cases Referred to- Hajee Nurul......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

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

....Ahsanuddin Chowdhury J Kemaluddin Ho­ssain 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 in part. Cases Referred to- ...... 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)

....in Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Syed Mofazzal Hossain…………...Appellant. Vs. The Election Co­mmissioner and others……..Respondents. Judgment November 24, 1975. Result: The Appeal is dismissed. Lawyers Involved: Sha......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)

....din Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abdur Razzak and another………. Respondents Judgment Aug. 4, 1975. Cases referred to: Gajraj Sheokarandas Vs.  Huka......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)

...................Appellants (In Criminal Appeal No. 28 of 1974). Sk. Sarwaruddin……..... Appellant (In Criminal Ap­peal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: The appeals are dismissed. Cases Referred to- Ra......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)

....llip;…………..Appellants.              Vs. The State............................Respondent Judgment Jan. 14, 1976. Lawyers Involved: Aleem-Al-Razee, Advocate, instructe......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)

....a, J. The Commissioner of Income-tax  Chittagong zone, Chittagong.............Appellant. Vs. M/s. Everett Orient Line Corporation and others........... Respondents Judgment Dec. 18, 1975. Cases Referred to: United Netherlands Navigation Co. ......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)

....A.B.M. Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J D. C. Bhattacharya J Government of Bang­ladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54......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)

....ain J Debesh Chandra Bhattacharya J. The Commissioner of Income Tax, Dacca Zone........Appellant Vs. M/s. Gulistan Cine­ma Co...................Respondents Judgment 17th & 18th November, 1975. Cases Referred to: The Commissione......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)

....handra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. Benodini Dasi, being dead her heirs Bepin Behari Das and others.........Respondents Judgment July 30, 1975. Cases Referred to: Syed Abdul Karim and ot......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