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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. ......y 10, 1976. Result: The appeals are dismissed. Cases Referred to- Raja Huq Newaz V. Mohd. Afzal, 19 DLR (SC) 369; Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317, Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (SC) 764, R.P. Kapur Vs. State, AIR 1960 (SC) 866, M.S. Khawaja Vs. St......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
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....r of assessment but that is not of relevance in India. Their Lordships may refer to the able judgment of Rankin C.J. in 2 ITC 328, with which they agree. In the second place, it should be remembered that the Income Tax Act, 1922, as amended from time to time forms a code,' which has no op...... Civil Appeal Nos, 15-D to 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 o......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. ..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. ......ercise of its revisional jurisdiction, with an order made by the First Court of Subordinate Judge, Dacca appointing an Arbitrator under section 8(2) of the Arbitration Act. This appeal was filed by Pakistan and two of its officers and is now being prosecuted by Bangladesh. 2. Respondent Firm ......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....er section 10(2)(v), and so the question as framed and answered by the High Court was incompetent. 9. As regard the second question of Mr. Hossain, it is to be remembered that the same contention was raised before the High Court at the hearing of the reference......Vs. M/s. Gulistan Cinema Co...................Respondents Judgment 17th & 18th November, 1975. Cases Referred to: The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib Janoo 38 of 1959 dated 7th April, 1964; Tata Iron......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....er, or if certificate debtor had appeared in the certificate proceeding or has applied to the certificate officer under section 22 or section 23 to set aside the sale. 15. It is to be remembered that prior to the introduction of section 36 of the Act in 191-3, there was conflict of jud...... Yunus, 15 DLR (SC) 120 has submitted that the reasons for refusal do not find support from recognised judicial authority. We find the submission of Mr. Nurullah is well founded. The Supreme Court of Pakistan, in the cited decision has repeated the principle laid down by the Judicial Committee of th......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....s meaning before we refer to what a judicial decision or a court is. The expression 'persona designata' means "a person described in the statute or legal instrument by his official designation or a member of a class" (Vide AIR 1941 Patna 65 at 68). In Osborn's Concise, Law Dictionary, 4th ed, at P......, Advocate-on-Record—For Respondent No. 1. Respondent No. 2.—Ex parte. Civil Appeal No. 27 of 1975. (On appeal from the judgment and Order dated July 1, 1969 of the High Court of East Pakistan) Judgment Fazle Munim J.- This appeal arises against the judgment and order of a ...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295...Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......Advocate with him, instructed by S.M. Huq, Advocate-on-Record-For the Respondent No. 7. Civil Appeal No. 20D of 1969. (On appeal from the Judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 22nd June, 1966, in First Appeal No. 2 of 1950). Judgment Ahsanudd......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ...... directs him to act judicially. 9. Mr. Khandker Mahbubuddin Ahmed has referred in support of his contention the case of Nuruzzaman Vs. The Secretary Education Department, Govt. of East Pakistan'(1965) 17 BLR 46 P. L. D. 1967 Dacca 179, where a Division Bench of the Dacca High Court, ......r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding before the Administrator. Ed. ..Category: Property Law | Date: | Hits: 43
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....Salam was trying to become Chairman by removing Azizur Rahman by a vote of no-confidence and for that purpose he drew up a petition for a vote of no-confidence and obtained signatures of some members, There was also enmity among them over distribution of some khas lands of Dayarampur R......e, Supreme Court—U/o. XXIII, Rule 1, Supreme Court Rules. Criminal Appeal No 18-D of 1970. (On appeal from the judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 4th and 6th November, 1968 in Death Reference case No.8 of 1968 with Cri......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......34 in the alternative under section 30.3/109 B.P.C. read with Article II(a) of the aforesaid order. 2. The prosecution case against them was that as Rajakars they collaborated with Pak Army and on 1st of Kartick, 1378 B.S. they along with 40/50 other Rajakars caught hold of Anisur Ra..Category: Criminal Law | Date: | Hits: 62
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
.... lifting Saimuddin from his house. The army had information that Saimuddin's brother Abdul Jabbar crossed over to India with his family and nephews. The nephews namely, the sons of Saimuddin became members of Mukti Fauz, but failing to catch them, they started lifting whomsoever they found from am...... against the Pakistan Army. The appellant and the other co-accused were collaborators and they helped the Pakistan Army in all respects in continuing their illegal occupation of Bangladesh. The Pakistan Army was in search of the relations of Abdul Jabbar Dewan because he with his family and ......nephews Abu Bakar, Altaf Hassain and Amjad Hossain who are sons of Saimuddin, went to India immediately after the 26th March, 1971. His nephews joined the Mukti Fauz and fought against the Pakistan Army. The appellant and the other co-accused were collaborators and they helped the Pakistan Arm..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....icer and therefore a public servant and was on deputation on foreign service basis to serve the Chittaranjan Cotton Mills Ltd., as Administrative Officer and was nominated by the company as a member of the Board of Trustees of the Chittaranjan Cotton Mills Employees Provident Fund Trust cou...... law are that, consequent on certain allegations made against the Chittaranjan Cotton Mills Limited, Martial Law Order No. 104 of 1960 was promulgated by the Zonal Martial Law Administrator of East Pakistan. Under this Marital Law Order, the Provincial Government was empowered to appoint an Admin...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......e-on-Record. —For the Respondent No. 1. Ex-parte—Respondents Nos. 2-3. Civil Appeal No. 1-D of 1969. (From the judgment and order dated 9.2.67 passed by the erstwhile High Court of East Pakistan in Appeal from Original Decree No. 132 of 1959). Judgment Ahsanuddin Choudhury J.- ......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......e legal sentence imposed by the trial court or the Appellate Court except in exceptional circumstances. In this connection reference may be made to the following observation of the Supreme Court of Pakistan in the case of Abdur Rahman Vs. State (1961) 13 DLR (SC)—PLD 1960 (SC) 401: "This Cour......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....the petitioner has done. It is easy to see that if such a cause were permitted, the business of the Company can be brought to a complete standstill, when differences of opinion exist among the members of the Company. One legal effect of incorporation is to vest the ownership of the property i......Order dated 17.8.67 passed by the Dhaka High Court in Civil Revision No. 1380 of 1965) Judgment Debesh Chandra Bhattacharya J.- In this appeal special leave was granted by the Supreme Court of Pakistan to consider the question whether a share-holder of a private limited company has locus stan......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......;tion the matter should be reconsidered. It appears that this application was considered by a different Subordinate Judge, who, being of the view, relying upon the decision of the Supreme Court of Pakistan in the case of the Hanover Fire Insurance Company vs. Mis. Muralidhar Benechand, reported ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......d to claim that his tenancy still subsisted at his option as contemplated in section 108(6) of the Transfer of Property Act. 9. Mr. Khondker has also referred to a decision of the Supreme Court of Pakistan in the case of A. Motalib Vs. Rezia Regum, 22 D.L.R. (SC) 134 where the decision of the Dac......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ped by judicial decisions as a logical deduction from the nature of the widow's right. 52. It is interesting to notice here the following observation of Sir Ashutosh Mookerjee as member of the full Bench in the case of Debi Prasad Chowdhury vs. Gopal Bhagat ILR 40 Cal. 721 at ......stom, as has been found by the learned Chief Justice himself on the assessment of the evidence in Second Appeal. 7. Special leave to appeal was granted in this case, by the Supreme Court of Pakistan to consider the question, whether under the Hindu Widow's Remarriage Act, 1856 a Hindu wid......nbsp; ..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
.... of the appellant as Chairman of the said Parishad and also for a declaration of the invalidity of the entire election of Ward No. 3 which involved the election of Respondent Nos. 13, 14 and 15 as members of the Union Parishad of the said Union. 6. Mr. Khondkar Mahbubuddin Ahmed, learned ......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ..Category: Others | Date: | Hits: 141
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....ing a registered Union under the Trade Union Act and being also recognised by the Company, that was competent to enter into an agreement with the Company on behalf of the complainants who were members of the Union and as such the said agreement was binding upon them. 6. On a c...... Present: Syed A.B. Mahmud Hussain CJ Debesh Chandra Bhattacharya J Fazle Munim J Mohiuddin Khan and others......................Appellants. Vs. Pakistan River Steamer Ltd. and others. ...Respondents Judgment January 4, 1977. ......eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138
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