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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. ......not before us, was placed on trial before a Magistrate, 1st Class, Tangail to answer two charges, one under section 457 and the other under section 380 of the Penal Code. 2. The prosecution case is that Badsha Mia, informant on the night following 10-3-67 at about 1-30 A.M. woke up from s......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)
....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. ......f the Court on the 25th January, 1968, that the items above the said rule having collapsed, the said rule was taken up for hearing, that the petitioner's Advocate having come to learn that his case had been taken up for hearing rushed to the Court for representing his case but that when...... Petition being petition No. 245 of 1966 before the Dacca High Court on 15-6-66 under Article 98 of the then Constitution of Pakistan, challenging the validity of an order of requisition of certain lands belonging to the said Sebasram under section 3 of the East Bengal (Emergency) Requisiti..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... 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. ......ied copy of the judgment as contained in rule 1 of the Order 41 of the Code. The learned Judge of the Dacca High Court relying upon a decision of the Supreme Court of India in the case of Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832 took the view th......al the learned Judge of the High Court has held that the sum and substance of the plaintiff's case is that after the acquisition had been completed, the plaintiffs obtained licence to remain on the land and raised structure thereon with the permission of Defendant No. 1 and that the subsequent c..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....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.......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 justified, in the facts and circumstances of the case, in upholding the rejection of the accounts of the assessee and the enhancement of its profits ...... the duty of the Income-Tax Officer under section 13 has been expressed in the following words:- "The only departure made by section 13 of the Indian Income-Tax Act from the tax legislation in England is that whereas under the English legislation the Commissioner is not obliged to determine the ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....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. ......he appeals. Judgment, Jan. 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......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)
....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. ......in Criminal Appeal No. 24 of 1974. 2. The accused-petitioners faced a trial under section 379 of the Penal Code before a Magistrate, First Class, and Tangail in case No. 821(1) of 1968. The prosecution case against them was that on the 11th Ashar, 1375 B...... them was that on the 11th Ashar, 1375 B. S. they along with others cut and took away the paddy worth Rs. 500/- which was grown by the complainant Shahjahan Mia on his land. The defence denied the allegations and their case was that Shahjahan Mia - possessed the land..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. ......972 shows that it has statutorily provided justice rule. Articles 7, 15 and 16 amongst others provide ample provisions for notice and opportunity to show cause to the affected person to establish his case. Where justice rule has been statutorily provided, principles of natural justice does not apply......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)
....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. ......urt 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 petitioner Company which was engaged in the manufac......adesh and others…………….....Respondents. Judgment, May 7, 1976. Cases Referred to: Hansraj Vs. H.H. Dave AIR 1970 SC 755 & Inland Revenue Commissioner Vs. Saxneo Lilley & Skinner (Holdings) Ltd. (1967) All E.R. 756; Thom..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....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. ......iled by Rehena Begum but ultimately the parties, namely, the pre-emptor Haji Shariatullah and the pre-emptee Rehena Begum compromised the matter and they filed a compromise petition on 5-9-66. The case was disposed of on 5-11-66 in terms of compromise. Thereafter on 5-12-66 the pre-emptor, namel......rt of the Subordinate Judge, Dacca, an application under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for pre-emption of certain land purchased on 19-3-66 by respondent No. 2 Rehana Begum. An objection petition against the said ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....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. ......a High Court in a Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in suit which is a residential house in the city of Dacca originally belon......rty Act was not available to the defendant. It was noticed that Md. Asim who was examined as P.W. 2, issued a letter Ext. 2 (a) on 3-6-61 directing the defendant to attorn to the plaintiff as his landlord but the defendant, without disclosing the nature of the right claimed by him, merely stat..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. ......on of the doctrine of Mushaa. In Yunus Mia, a Division Bench of the Dacca High Court has taken same view after reviewing a large number of authorities on-the subject and referring to Md. Ayub Ali's case. It has been held that wakf created for the upkeep of a mosque already in existen...... special leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declaration that the land in dispute formed part of a Wakf estate of which the appellant, Mozaffar Ahmed is the Mutwalli..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. ......tion 83(2) of the Code of Civil Procedure no alien enemy residing in Pakistan without permission of the Central Govt. or residing in a foreign country could sue in a Court in Pakistan. In the present case, it was not enemy alien who was seeking to prosecute the suit but it was the Deputy Commissione......fs and defendant Nos. 1 to 4 in which it was stated that item Nos. 1-15 and 18 of schedule 'kha' were homestead and shop premises and the properties described in item Nos. 16 and 17 were agricultural land measuring 14-8 acres, that defendant Nos. 6 and 7 were claiming interest in the disputed prop..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. ...... the plaintiff by dismantling collie huts on the disputed lands in May 1955. Hence the suit.
2. The appellant, who is defendant No. 1 alone contested the suit. He denies plaintiff's title and the case of possession and dispossession. He challenges the correctness of the entry in the record of ri......the Dacca High Court in S. A. No. 1917 of 1961).
Judgment
Kemaluddin Hossain J.—This is a Defendant's appeal 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 M..
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. ......was found that the appellant received 1016 votes and Respondent 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 ......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. ......e Province of East Pakistan, 14 DLR (S.C.) 112. Province of East Bengal Vs. Banaraali Sen and another, 54 C.W.N. 322 and Mahant Shanthanand Gir Vs. Mahant Basundevanand Gir, I.L.R. 52 All. 619 same case A.I.R. 1930, All. 225; C.V. Raghavayya Vs. Chamria Talkie Distributors and another, A.I.R. 19......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)
....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. ......e of Criminal Procedure, to quash the proceeding in D.A.B.C. R. Case No. 53 of 1968 pending against the appellants in the Court of Sub-Divisional Magistrate, Chittagong (North). 2. The prosecution case is that the appellants 1 and 2 of appeal No. 28 are partners of a Firm known as Abdul Quader Ch......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. ......ircumstances under which the appellants were prosecuted and put on trial, the complainant (P.W.I) Humayan Kabir, Officer-in-Charge of Kalaroa Police Station during investigation of a dacoity case arrested appellant Abdur Razzaque on suspicion. It was alleged that he made a s......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. ...... 17-D of 1971. Judgment: Kemaluddin Hossain, J.—These 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 ..................Appellant. Vs. M/s. Everett Orient Line Corporation and others........... Respondents Judgment Dec. 18, 1975. Cases Referred to: United Netherlands Navigation Co. Ltd. Vs. Commissioner of Income Tax, Dacca (1965) 17 DLR SC 446—P.L.D. 1..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....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. ......t. 8. On the question of the Court's jurisdiction to entertain a pre-mature application, it was argued on behalf of the opposite parties relying upon a decision of the Calcutta High Court in the case of the Governor General of India in Council Vs. Bilas Singh, reported in 52 C.W.N. 54 that the ......espondent 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; Hriday Nath Roy Vs. Ram Chandra Barma Sarma, I.L.R. 48 Calcutta 138; Ashutosh Sikd..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....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. ......High Court directed the Tribunal to refer the following question for answer by the High Court and it was so done — "Whether on the facts and in the circumstances of the case, the Appellate Tribunal-was right in the conclusion reached by it that the expenditure of Rs.......ct. 22. As regards the first part of the question it is obvious that under section 10(2) (ii) a tenant can claim full deduction, if he can show an undertaking of repairs between him and the landlord. The language is wide enough to include the repairs of capital nature so it answer the ter..Category: Fiscal/Taxation Law | Date: | Hits: 126
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