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M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

....d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......under the notification dated 24-8-51 for those who started jute business after the 1st October, 1949. The appellant filed return under pro­test on 10-8-53 for the accounting year ending on 30-6-5 Land challenged the jurisdiction of the Central Board of Revenue and the Income Tax Officer to impos......Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......ssain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhatiachaya J M/s. Shamim & Co………………………................Appellant Vs. The Commissioner of Income Tax Dacca Zone....Respondent Judgment April 19, 1977. ..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157

M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)

....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in:    ......ourt Appellate Division (Civil) Present: Ahasanuddin Choudhury J Kemaluddin Hossain J Fazle Munim J M/s. Jamal Jute Baling and Co..........Appellant Vs. M/s. M. Sarkies and Son..............Respondent ...... (Civil) Present: Ahasanuddin Choudhury J Kemaluddin Hossain J Fazle Munim J M/s. Jamal Jute Baling and Co..........Appellant Vs. M/s. M. Sarkies and Son..............Respondent Judgment March 21, 19..

Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320

Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)

....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344.   ......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344.   ......CD) (1978) 344.   ...... Present: Abdur Rahman Chowdhury J Mohd. Habibur Rahman J Md. Sharif and others …………………………..Petitioners Vs. M. Baharuddin Chowdhury and the State.............Opposite Parties Judgment Marc..

Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1

Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)

....ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149.         ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149.         ......149.         ......ties interested in the Vessel M.L. "Madina", the Owner being Abul Hashem…...........................Appellant, (In Appeal No.12 of 1967 and Respondents in Appeal No.1 of 1 968.) Vs. Owners of the Vessel "M.L. Jalamani" Haji Mohammad Suruj Miah and anther…...

Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4

Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)

....circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417.     ......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417.     ......ion) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite Parties Judgment ......vil Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Taferuddin Pramanik……………………………Petitioner Vs. Tahmina Khatun and others…………………Opposite P..

Category: Property Law | Date: 8 Mar, 1977 | Hits: 3

Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....sed during the continuance of the order of suspension, and as such the order cannot be sustained in law. 3. The Government of People's Republic of Bangladesh as represented by the Secretary, Ministry of Food and Civil Supposes, Dacca entered appearance and has shown cause by filing an affid......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233   ......Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others…………..Respondents Judgment February 9, 1977. Re...... Present: Ruhul Islam CJ Abdul Momith Chowdhury J Abdur Rashid………………………………….Petitioner Vs. The Government of the People's Republic of Bangladesh and others……&hellip..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....sed during the continuance of the order of suspension, and as such the order cannot be sustained in law. 3. The Government of People's Republic of Bangladesh as represented by the Secretary. Ministry of Food and Civil Supplies, Dacca entered appearance and has shown cause by filing an affid......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ......tirement) Act, 1974; Section 9 (2) Parliament is to regulate the service conditions of the public servants Legislature has been given wide power to pass laws regulating the terms and conditions of service. It is the inherent right of the Parliament and for that matter of the sup...... High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ AM Chowdhury J Abdur Rashid..................................................Petitioner Vs. Govt. of Bangladesh.........................................Respondents Judgment ..

Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....itted a petition to the Govt. praying for relief against the said order or of resumption as per the impugned notice and also prayed for renewal of the lease. This petition was heard by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People's Republic of Banglad......tion to the Govt. praying for relief against the said order or of resumption as per the impugned notice and also prayed for renewal of the lease. This petition was heard by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People's Republic of Bangladesh who by h...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&...... (Special Original Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………&hell..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

....on No. 306 of 1974. In the above petition under Article 102 of the Constitution, Respondents 1 and 2 challeng­ed two orders—one Contained in a Notification dated 6.1.1972 issued by the Ministry of Communication and another dated 23.10.1973 made by the Deputy Secretary, Ministry of Shi......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......e Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bang­ladesh and others……………..Appellants Vs. M/s. Speedbird Navigati...... Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bang­ladesh and others……………..Appellants Vs. M/s. Speedbird Navigation Co. and others………………&he..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ...... Case is also Reported in: 30 DLR (AD) (1978) 123. ...... ABM Husain CJ A Chowdhury J Kemaludding Hossain J Debesh Chandra Bhattacharya J Fazle Munim J M/s. Farmers & Co....................................Appellant Vs. Govt. of Bangladesh and another..................Respondents Judgment January 20..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

Nur Hossain & Nur Hossain Howlader Vs. State, 1976, 5 CLC (HCD)

....e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405   ......e may be set at liberty fort with if not wanted in any other connection. Siddique Ahmed Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 405   ...... December 15, 1976. Result: The appeal is allowed. Question of Doubt or Presumption under section 114(g) of the Evidence Act- As the petitioner witness were not examined and no explanation was given for his non examination, presumption under section 114(g) of ......iction) Present: Badrul Haider Chowdhury J Siddique Ahmed Chowdhury J Nur Hossain & Nur Hossain Howlader…………………Appellant Vs. State…………………………&helli..

Category: Criminal Law, Evidence Law | Date: 15 Dec, 1976 | Hits: 1

DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)

....f the Institute of Post Graduate Medicine and Research, briefly called the IPGMR, obtained this Rule Nisi against the respondents to show cause why the Notification dated 22nd Nov, 1978 issued by the Ministry of Health and Population Control, Govt. of Bangladesh purporting to relieve him of his duti......peti­tioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12   ......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......ial Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Dr. Nurul Islam………………………Petitioner Vs. Bangladesh & others ……………..Respondents Judgment..

Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......rt of sub-Divisional Officer (South), Dacca against the appellant to the effect that he withdraw com­pensation money amounting to Tk. 37,147/50 awarded for acquisition of certain plots of land in Land Acquisition Case No.20 of 196061 without any knowledge and permission of the Administrator of W...... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ...... Division (Criminal) Present: ABM Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Shafiuddin Mia.........................................Appellant. Vs. The State…………………………&h..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ......s to the case of the Province of Bengal Vs. Board of Trustees for Improvement of Calcutta  AIR 1946 Cal. 416 in which it has been held: “Sub-section (2) of section 23 of the Land Acquisition Act has not been made applicable, the owner would not be entitled to the statutory ......DLR (HCD) (1978) 355.   ......sion (Civil Appellate Jurisdiction) Present: Sayed Mohammad Mohsen Ali J Faizul Islam Chowdhury J Shaw and Co., Lakshmi Shaha Road, Chittagong ................Appellant Vs. The Province of East (Now the People's Re­public of Bangladesh) and others......

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)

.... imposition of the surcharge provides as follows; "7. Validation.- The price differential levied and collected or purported to have been levied and collected, by or in pur­suance of the Ministry of Commerce Notification No.SRO 49(R)/66 dated the 23rd April, 1966 or by or under any rule...... authorised charging of fees for issuing licences, per­mits, letters of credit etc. 35. In support of the contention that it was tax, and not fee reference was made to the cases, namely Main Land Dairy Products Sales Adjustment Committee Vs. Crystal Dairy Ltd., (1933) AC 168; Attorney Gener...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......J Debesh Chandra Bhattacharya J FKMA Munim J Controller of Imports & Exports, Govt. of Pakistan (Now Bangla­desh) and others..................Appellants (In all the cases) Vs. Adamjee Jute Mills Ltd. Dacca and others.......Respondents (In Civil Appeal No. 20-D of 196..

Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......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......nt: Ruhul Islam J A. T. M. Masud J Amirul Islam Chowdhury J Abdul Wadud Chowdhury J A. M. Choudhury J Md. Nazimuddin...................................Appellant Vs. The State...........................................Respondent Judgment July 29,..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

.... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ......hury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Karnaphuli Rayon and Chemical Ltd... .........................Appellant. Vs. The Collector of Central Excise & Land Customs, East Zone, Chitttagong & another……..........................Respondents. ......: 28 DLR (AD) (1976) 72. ...... Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Karnaphuli Rayon and Chemical Ltd... .........................Appellant. Vs. The Collector of Central Excise & Land Customs, East Zone, Chitttagong & anotherâ€..

Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149

Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)

....nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561       ......ellip;………………………Respondents Judgment September 3, 1975. Result: The Rule is discharged. Tofazzal Hossain Sardar and others Vs. The State; Abu Tayab Md. Mashood and Tipu Vs. the State, respectively at page 36 and ......l Jurisdiction) Present: A. T. M. Masud J Amirul Islam Chowdhury J Hasan Ali Daftary & others…………………..….Appellant Vs. The State…………………………&h..

Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ah­med J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh………&h......ourt Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ah­med J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh…………............urt Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ah­med J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh………….............eme Court High Court Division (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ah­med J Abdul Mannan................................Petitioner Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh……&..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3

Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)

....tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550   ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550   ......in: 27 DLR (HCD) (1975) 550   ......ision (Special Original Jurisdiction) Present: Fazle Munim J Shahabuddin Ahmed J Haji Ashraf and others ………….................Appellants Vs. The Special Tribunal No.1………...................Respondent  Judgm..

Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1