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M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....sed by the Income Tax Appellate Tribunal, Dacca Branch, Dacca, as set out in paragraph 10 of the application. The question of law has been formulated in manner as follows:- “Whether in the facts and circumstances of the case the Tribunal was justified in upholding the rejection of account......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......and the Privy Council arrived at the following conclusion:- “From all these decisions the legal position appears to be well settled that the Income-tax Officer is not bound to rely on such evidence produced by the assessee as he considers to be false and he can have recourse to section&nb..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... there is no specific expression in them even relating to the rejection on merit. Mr. A. Hamid, the learned Advocate for the defendant opposite party on the other hand, has contended that in the facts and circumstances of the case the learned Munsif acted rightly in allowing the application und......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...... section 151 C. P. C. and the learned Judge proceeded on the footing that there was a distinction between dismissal on merits and dismissal for default as in the latter case there can be no evidence for the appellate Court to decide whether the appellant had a sufficient cause for his non ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....er was elected Chairman by securing 2094 votes as against 1597 votes secured by the respondent No. 2 in all the three centres at an 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......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......ime, whether poll was started at 7 A.M. instead of 8 A.M. and whether there was serious disturbance in the aforesaid centre, the Tribunal recorded its findings. As this finding is based on the entire evidence on record and relates to questions of facts, it will not be interfered with by this court a..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....urigram Rangpur in Election Tribunal case No.19, 74, declaring the election of Vice-Chairman of Thanahat Union Parishad, Kurigram, Rangpur, avoid as being passed without lawful authority. 2. The facts are:-The petitioner who had contested for the post of Vice-Chairman of Thanahat Union Parishad...... Lutfur Rahman………………………………….Petitioner Vs. 1. Election Commission Dacca. 2. M.R. Talukdar, Munsif and Election Tribunal, Kurigram....the Respondents Judgment June 3, 1975. Resul......ion Tribunal 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 Parisha..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....ide. So, the petitioner filed the present application under section 115 of the Code of Civil Procedure before this Court and obtained the Rule. 2. In Civil Revision No. 811 of 1968 the facts, in brief, are that the opposite-party was a clerk under the Superintendent, Watch and Ward, P..............Opposite parties Pakistan Eastern Railway Administration……………Petitioner Vs. Md. Mafizuddin, Clerk under Chief Superintendent, Watch and Ward, P.E. Railway………………..Opposite party Judgment......is admissible, and may commute retrospectively periods of absence, without leave into extraordinary leave. No such ground was taken in the written statement or even before the Authority. Nor any evidence cither oral or documentary was led in support of this contention. This contention was raise..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)
....overnment regrets their inability to accede to his prayer for release of M/s. M. Moin & Co., 150, Nawabpur Road, Dacca. Sd/- Md. Sirajul Islam, No. 4 Section Officer.” 2. The facts of the case are :-The petitioner No. 2 who is admittedly the owner of the premises No. 150, Na......nbsp; ......bound to restore the property. If on some sort of information the Government had treated the same as an abandoned property, it was their foremost duty to release the same as soon as satisfactory evidence was produced before them that the properties in question could not be treated as abandoned ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....te of the previous annual general meeting which was on 30.12.72. 19. The main question in this case is whether the annual general meeting was held or not, and, if it was not held whether, in the facts and circumstances of the case, the court should condone the delay and direct such meeting to b......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 ...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....Rules 41(5) and 43 of the Union Parishad and Pourashava (Election) Rules, 1973 which I will call "the Rules," has been challenged as being without any lawful authority. 2. In short the facts are that while the polling in Ward No.II of Kamalapur Union Parishad was continuing on 30.12.7......sent: Fazle Munim J Shahabuddin Ahmed J Md. Imanuddin Sarkar…………………....Petitioner Vs. The Election Commission of Bangladesh and others……….Respondents Judgment May 20, 1975. Bangladesh Uni...... the stopping of poll at the centre. He also submitted that since facts relating to disturbance are disputed the matter can be decided only by the Appropriate Tribunal after taking into consideration evidence and all other materials on record. Had it been the mere assertion of the petitioner in his ..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....gnatures on the same have now come to depose that nothing was recovered from the house of the appellant and they put their signatures on blank papers. 10. Thus on an examination of the evidence, facts and circumstances of the case we are satisfied that the guilt of the appellant has been well e......t Judgment May 2, 1975. Result: The appeal is dismissed. Evidence to Be Excluded Only that part of a witness's evidence to be excluded which is found false and not his whole evidence Law does not require that the entire evidence of such an witness sho...... May 2, 1975. Result: The appeal is dismissed. Evidence to Be Excluded Only that part of a witness's evidence to be excluded which is found false and not his whole evidence Law does not require that the entire evidence of such an witness should be rejected. E..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
....ur 292 and Abdul Gafur Mia and others Vs. Abdul Gafur 12 D.L.R. 629 same case P.L.D. 1961 Dacca page 174. We are generally in agreement with the view taken in those cases, and, in our opinion, in the facts of this case, there is no question of maintainability of the suit against one of the partners ......;
......on record as party Defendant No. 3 on 6.5.60 for the first time which was beyond the prescribed period of limitation for such a suit. The learned Subordinate Judge, however, on a consideration of the evidence on record, has held that M/s. Abdul Motalib and Sons was a proprietary firm and that the su..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....ent Fazle Munim J. — This Rule is directed against an order of Award dated 31. 8. 73 passed by the Court of Tribunal constituted under the President's Order No. 13 of 1972. 2. The facts, shortly stated, are that the petitioner who is owner in possession of the holding No. 730 (Ne......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......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....d of fulfilling their promise and while still conferring with the representatives of the People of Bangladesh Pakistan authorities declared an unjust and treacherous war; and Whereas in the facts and circumstances of such treacherous conduct Banga Bandhu Sheikh Mujibur Rahman, the undisput......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......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ...... Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Ph......dra Nath Roy, if possible, and if not, by a competent pleader Commissioner to be appointed by the said Court; that the said court upon receipt of the Pleader Commissioner's report shall take such evidence, both oral and documentary, as the parties in order to determine the boundaries of the said..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....ome to the two impugned actions nullified by the Executing Court. One is the grant of sale certificate, and the other the fact of delivery of possession to the auction purchaser they are accomplished facts. The court below has made an anomalous order by declaring them null add void. You may say what...... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah an......t may direct his property to be attached and may sell such property. To take another example Order 16, rule 10(2) the court may issue a proclamation requiring a person to attend and to give evidence or to produce document when such person without lawful excuse has failed to attend or to pr..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....ss of two other ballot books. 22. The counter-foils of the issued ballot papers, which have been sent to this court, no doubt, show that number is 2381. But the question is, having regard to the facts of this case, can any decision be founded on this particular record?. It is significant that a......bsp; ......roceeding in the writ jurisdiction is more in the nature of a summary proceeding in which examination of disputed question of fact of a complicated nature which involves production arid assessment of evidence is not, as a general rule, undertaken. In such jurisdiction a speedy decision, is to be mad..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......esent: SAB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Ramjan Khan alias Ramjan Ali Khan………...Appellant Vs. Obaidul Huq Chowdhury and others…………..Respondents Judgment February 5, 1975. Result: ......o right title or interest in the suit property. The present application was not maintainable. Rarnjan Ali was the real purchaser and not a benamdar. 4. The learned Munsif on consideration of evidence called by the parties held that Niher Bala and Uttama Devi were the same person and that th..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....levant provision of General Clauses Act a thing shall be deemed to be done in good faith where it is in fact done honestly, whether it is done negligently or not. Can it be said, having regard to the facts of the case that the action taken on the part of the Government was not taken honestly? It app......diction) Present: D.C. Bhattacharya J Faizul Islam Chowdhury J Md. Nur Hossain………………...................Appellant Vs. Bangladesh and another…………………..Respondent Judgment ...... was that there was not valid service of the requisition notice and that the demolition of the structure was unauthorized. On this question, the learned Subordinate Judge, upon a consideration of the evidence on record, has come to the finding that the requisitioned land was an ejmali property of th..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
.... plaintiff and decreed the suit and hence this appeal. 6. Mr. Sultan Ahmed, the learned Deputy Attorney-General appearing in support of the appeal has canvassed before us firstly that (1) in the facts and circumstances of the case the Court below erred in law and fact in not holding that the de.................Respondent Judgment January 25, 1975. Result: The appeal is allowed. Cases Referred To- Gilford Motor Co. Vs. Horne, Law Report (1933) 1 Ch. Division page 935 and P.L.D. 1971 (S.C.) 585; President Vs. Mr. Justice Shaukat Ali, PLD 1971 (SC) 585 relevant page a......uit barred by limitation? 4. Is the plaintiff entitled to any decree as claimed in the suit? 5. To what relief the plaintiff is entitled The learned Subordinate Judge in appreciation of the evidence both oral and documentary decided the issues in favor of the plaintiff and decreed the suit..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....It is in evidence that about 15/16 persons were present hear the dead body when the complainant and others first went there. But none of these persons has been examined in this case. In view of these facts and circumstances we feel it very difficult to rely on the evidence of these witnesses particu......nt Vs. The State……………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For the Appellants. ......san Ali Chowkidar was left killed by some unknown assailants, but they have been falsely implicated in this case out of enmity and village factions. The learned Sessions Judge on consideration of the evidence of 13 witnesses examined by the prosecution no witness having been examined by the defence,..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
....nts will be made for a sale but it is not a notice of the sale that is to be held; such a notice would require more definite particulars. What such particulars should be must depend upon the peculiar facts of each case. And once a proper notice is given; it is not necessary that a fresh notice is to...... - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......he plaintiff. The only dispute which the plaintiff raised in both the suits to his liability to the Bank was with regard to the Bank's claim of, compound interest, but, in view of the documentary evidence adduced in the case, the Trial court rejected the plea of the plaintiff on the question of ..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
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