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M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....e Court of India with reference to the expression "In the opinion of the Income Tax Officer" occurring in the proviso to section 13 of the Indian Income Tax Act, observed that the provisions are not to be construed in the sense of a mere discretionary power; but in the context of......s amended by the Finance Order, 1972. And In the of: Application No. 39 of 1973 ) Judgment Ruhul Islam J. — By this application the assessee-applicant prays for deciding a question of law arising out of the order dated the 21st July, 1973 passed by the Income Tax Appellate Tribunal, ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... the defendant could file an appeal against the order of dismissal for default under Order 43 Rule 1(d) C. P. C. and, as he did not avail himself of that remedy provided under the statutory provision of law, he cannot invoke the aid of section 151 C. P. C. which can be only invok...... of the pleader, who is an old man, wrongly gave him 20. 6. 67 as the date of hearing of Misc. Case No.21 of 1967 although the actual date was fixed on 10. 6. 67 and it was due to this mistake of the lawyer's clerk the defendant did not come and hence the Misc. Case was dismissed for default. Th..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....where irregularities as mentioned above occurred. The entire election cannot be set aside on the facts stated above. 2. So far as the second contention is concerned, reference may be made to the provisions of article 9(i) of the Order. According to Mr. Ahmad Sobhan, the learned Advocate for the......er. 6. We are, therefore, of the view that the finding of the Tribunal that the petitioner was disqualified to be a candidate of an election under article 9(i) of the Order has been made without lawful authority and is of no legal effect. As a result, we declare that the petitioner is qualified..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ......ed by the Election Tribunal, Kurigram 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-Chair..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ...... And Civil Revision No. 811 of 1961 Judgment A. S. Faizul Islam Chowdhury J.— Civil Revision Nos. 1423 of 1970 and 811 of 1968 have been heard together, as similar question of law is involved in both the cases, and the same judgment is being delivered which shall govern both ..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)
....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ...... known or the presumption of his death can be drawn, the properties must be treated as abandoned property within the meaning of this Article. We cannot take an impossible and unreasonable view of the law laid down in Article 2. The owner may be absent or his whereabouts may not be known but if his f..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
..... Section 76, sub-section (3) and section 79, sub-section (3) of the Companies Act, 1913 are not exclusive but supplementary to each other— Section 76 is a special provision regarding the statutory meeting and annual general meeting, whereas section 79 i......t, was not a proper one. The order of injunction was issued on 21.12.73 but was served on the petitioner on 28.12.73. Thereafter the company appeared on 29.12.73, and filed an application through its lawyer before the court praying that the hearing of the injunction matter be fixed on 31.12.73 (30.1..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....Respondents Judgment May 20, 1975. Bangladesh Union Parishad and Paurasbsva Election Rules, 1973 Rule 40— The Sanctity and Impartiality of the Election— The provisions of Rule 40 do not empower the Presiding Officer to take away the ballot boxes to any plac......3 to act according to the provision of 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 U..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
Nazrul Islam alias Md. Nazrul Islam Vs. The State, 1975, 4 CLC (HCD)
....ication of sentence the appeal is dismissed. Amirul Islam Chowdhury J.—I agree This Case is also Reported in: 27 DLR (HCD) (1975) 671 ......entire evidence of such witness should be excluded from consideration or it should go to the benefit of the accused. We are unable to accept such a broad proposition. 9. There is no principle of law requiring that the evidence of a witness who has made contradictory statements in his examinatio..Category: Arms Law | Date: 2 May, 1975 | Hits: 2
.... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......nt of Exchequer Chamber as delivered by Blackburn J, has come to be recognized as the classical exposition of the doctrine, which is to the following effect:
"We think that the true rule of law is that the person who, for his own purposes, brings on his lands and collects keeps there anyth..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....petitioners in these 2 petitions are putting their claim as buyers or more correctly, intending or prospective buyers. It may briefly be mentioned that Sena Kalyan Sangstha is a body formed under the provisions of the Charitable Endorsement Act, 1890 (Act VI of 1890). The scheme for the administrati...... the Society comprises of persons actually employed in the industrial unit concerned and they constitute not less than 80% of the total employees of the same industrial unit together with a copy of bylaws of the Society. Assets to be sold will be valued at the current market price and the Co-operati..
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)
..... The Chairman of the Arbitration Court, Mr. Abul Kalam, proceeded to give an award and actually gave, it on 3.9.72 without taking any steps for properly constituting the Court in accordance with the provisions of Article (4) of the Evacuee Property Order, 1972. The Chairman of the Arbitration Court......per constitution, he ought not to have proceeded to decide the matter. Both these reasons compel us to hold that the objection as to the constitution of the Arbitration Court is sustainable under the law. Since we have decided that the Arbitration Court itself, was not properly constituted, it follo..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....s a party to the Convention set forth in the Second Schedule of the Act, and that the territory concerned is the territory to which the Convention applies, after it has been satisfied that reciprocal provisions have been made, and that such an action being inherently an act pertaining to the soverei......ing that the suits are maintainable. The learned Subordinate Judge has decided the question on the view that the Arbitration (Protocol and Convention) Act, 1937 has been continued in force as a valid law in the country and whatever defect had been found by the Supreme Court of Pakistan in the case o..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....preme Court pointed out that no question of res judicata did arise in the said case as the order of remand as not a final order determining the rights of the parties and it was also observed that the provision of section 105 of the Code of Civil Procedure was not applicable to such a case ......ned Attorney General has argued that in a suit brought by the plaintiffs there could not have been any decree in favor of a defendant who had not sought for nor could seek for such a decree under the law, and that the order of remand which was made by the Dacca High Court providing for such a decree..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....on 423 of the Criminal Procedure; Code says that the appellate court is to pronounce judgment, even if the accused appellant is absent, when the appeal is called on for hearing. There is no provision for dismissing the appeal for default; on the contrary the uniform judicial interpretation......7.5.71 sale-certificate was granted to the auction Purchaser; on 31.5.71 order for |he issue of writ of delivery of possession was made. On these occasions the judgment-debtor appeared through a lawyer, though not personally. On 11.6.71 the delivery of possession of the property was given to th..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....and discrepancy as we do not find anything on record to show that the candidates concerned were informed that such a discrepancy had been found. In the circumstances of the case, having regard to the provision of rule 42, the Presiding Officer ought to have taken special care and caution in arrangin......agents and prepared the Form 'M' which was sent to the Returning Officer,-that at no stage of the counting the Presiding Officer informed the Returning Officer as to the presence of the 130 unlawful votes in the ballot boxes at the P.T.I. Maizdi Polling station in question, that the entire s..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......lhet where they made the following prayer. “A) A declaration that the plaintiff being the owner of the suit properties and that the S/properties not being enemy property as contemplated by law, and all proceedings purported to declare the S/properties as enemy property are mala fide, unla..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....ommercial loan within the meaning of the Act. The learned Subordinate Judge having held the loan to be a commercial loan entered into the question whether the applicants brought themselves within the provisions of ss. 30 and 36 of the Act and then rejected their claim. The High Court of Calcutta on ......g that no execution could proceed and that status quo ante the rent suit be restored. 6. Against this order leave was obtained by the auction purchaser, the appellant before us. Two questions of law are involved in this appeal. First: What is the extent of jurisdiction of the High Court under..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
....missing his suit. The Plaintiff brought a suit against the Province of East Pakistan for a declaration that the requisition of C. S. Plot No. 992 of Mouza Dhanmondi on or about 19.4.57 under the provisions of East Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and......under the provisions of East Bengal Emergency Requisition of property Act 1948 was illegal and ultra vires and that the demolition of the structure constructed by him on the aforesaid Plot was also unlawful and for recovery of money for a claim for compensation amounting to Rs. 27373/5 annas 6 Paisa..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)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ....... 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 deed of partnership is nothing but a creation of a firm for eva..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
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