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Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....Civil Revisional Jurisdiction) Present: Ranadhir Sen J Tahurul Karim @ Tahurul Karim Khan Chowdhury………………Petitioner Vs. Abdul Hashim and others……………………………........c. Case No. 4 of 1969 was served on Abdul Hashim under Order 5, rule 17 C.P.C. and the serving officer was not examined on oath under Order 5, rule 19 and accordingly there was no proper service on Abdul Hashim. 8. Mr. Rafiqul Islam, the learned Advocate appearing for the pe..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......the filing of the return in respect of the accounting year ending on 30-6-51. The appellant having pointed out that the notice which had been issued under section 23(2) of the Act was not a proper notice in the case, the Income fax Officer insisted on the compliance with such a notice and ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....149. ......uot;M.L. Jalamoni" was not river-worthy and it was a condemned vessel and was unfit for service. The vessel "M.L. Jalamoni" was not manned by any Sareng or competent Crew and it lacked proper and adequate lights or reversing or stopping gears or warning devices. The vessel "M.L. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....sh & others ……………..Respondents Judgment December 6, 1976. Result: The rule is made absolute. Case Referred to- The State of Jammu and Kashmir Vs. Triloki Nath Khosa and others, AIR 1174 SC1; State of Assam and others Vs. Kanak Cha......e has contended that the appointment of the petitioner soon after the liberation of Bangladesh to the post of Director and Professor of Medicine and the appointment having been made upon due and proper consideration of the entire matter and upon a decision not to convert the post of Direct..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
.... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......fferential should not be quashed and also why the other directions, as sought for the application, should not be made, or such other or further order or orders passed as to the Court may seem fit and proper. 9. Mention may be made that after Rules Nisi as above mentioned were issued, an Act nam..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni......y when a case is finally adjudicated and judgment is delivered or order passed, and as such the law then existing governs the filing of appeal but not the law under which trial was held. 11. For proper consideration of the questions under reference in the light of the above noted contentions th..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
..........Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the appeals Judgment ...... to be a citizen of Pakistan and a Managing Partner of a partnership firm known as "Messrs Budhai Gour Kishore Saha". This partnership firm carried on business of commission agency and owned properties at Bhairab Bazar in the district of Mymensingh. Before the Proclamation of Emergency in ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....td……..............Respondent Judgment July 31, 1975. Result: The appeal is dismissed. Cases Referred to- Jamal Vs. Moola Dowood and sons, AIR 1915 P. C. 48: A. V. Joseph Vs. R. Skow Bux, AIR 1918 Privy Council 149; Erroll Mocka......e plaintiff that there was a breach, then simply because the plaintiff has not given sufficient evidence of damages and he has made one or two statements as regards some of his expenses, it is not proper to grant nominal damages. Their Lordships reversed the finding of nominal damages at Re. I/-..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....red in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T., Dacca (1968) XVIII Taxation, 2; S. Veeriah Reddiar Vs. C.I.T., Travancore-Cochin, Bangalore (1960) 2(III) Taxation 130; Pandit Brothers Vs. C.I. T" Delhi (1954) 26 I. T. R., 159; Commissioner of Income Tax Vs. McMill......rk of the Income-tax Officer that because of the absence of the stock analysis and consequent impossibility to check and verification of the accounts, income, profits and gains of the assessee cannot properly be deduced therefrom. Thus it comes out that the authorities below have rightly reject..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....llip;…………………...Opposite party Judgment July 1, 1975 Result: The Rule is discharged. Cases Referred to- Abdur Rahman Miji and ors. Vs. Abdul Wadud Mea and ors, 1952 PLR 2 Dac. 87; AIR 1959 Pat. 121 (Full Bench), Doma Chowd......resent case, that the application as made under section 151, Civil Procedure Code could not be thrown in limine on the ground of maintainability. The learned Munsif ought to have treated it as a proper application under section 151, Civil Procedure Code and heard and disposed of the same o..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....dings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order' inasmuch as he found tha......n election held on 30-12-73, it is not necessary to mention two other facts stated in the petition, particularly when the facts relating to centre No. III were considered by the Election Tribunal and proper findings were recorded by it on them, For, the Tribunal after considering the allegations reg..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
.... Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tribunal, Kurigram....the Respondents Judgment June 3, 1975. Resul......al by the respondent No. 3. 3. Mr. Shah Azizur Rahman, the Learned Advocate for the petitioner, submits that the Election Tribunal did not frame any issue for determining discussed the evidences properly. Moreover, by declaring the entire election of Vice-Chairman of the Union Parishad as void,..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
............Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superintendent, Watch and Ward, P.E. Railway………………..Opposite party Judgment......led in support of this contention. This contention was raised for the first time in revision before the High Court and High Court was, therefore, justified in overruling this objection in abs once of proper materials.” 5. Mr. Mohammed Ali, the learned Advocate appearing for the Railway re..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....nbsp; ......t of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The Rule is made absolute In the presence of any family member no property can be treated as abandoned property even if the owner of the property is absent— ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....man………………………. Petitioner Judgment May 20, 1975. Result: The appeal is allowed. Section 76, sub-section (3) and section 79, sub-section (3) of the Companies Act, 1913 are not exclusive but supplementary ......ral Meeting. It is stated in the petition that this order of injunction was obtained on the ground; that the notice of the Annual General Meeting not being accompanied by the balance-sheet, was not a proper one. The order of injunction was issued on 21.12.73 but was served on the petitioner on 28.12..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-Fo......forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitioner also got 3 sheets of blank paper signed by him. The respondent No. 2 prayed for recovery of the property in question. 3. The petitioner filed a written objection wherein he stated that the re..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....5. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules). M. Hafizullah—For Opposite Party (In both Rules). Civil Revision Nos. 628 and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain ques...... in force by virtue of a vary brief but significant enactment which was called Laws Continuance Enforcement Order, issued from Mujibnagar, on the same day as the Proclamation of Independence. For the proper appreciation of the real import of this not many worded piece of legislation it will be rewar..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3