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Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ding itself and refused to interfere with the order of appointment of the arbitrator on that view of the matter. 12. Leave was granted by the Supreme Court of Pakistan to consider the nature and scope of section 8 of the Arbitral ion Act with reference to the question as to jurisdiction of the ......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)
....cle. Furthermore, sub-section (5) of section 66 of Income- Tax Act clearly says that the Revenue is bound by the judgment passed by the High Court on reference under this section. There is no scope for interpreting the language of the Act otherwise, when the language is clear and unambiguou......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
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....o be set aside and the result would be that the appellant would remain the Mutwalli of the Wakf Estate as was decided by the learned District Judge, provided, of course, his decision was within the scope of his powers conferred by section 43 of the Ordinance. The learned Counsel, therefore, first ...... 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
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
....ody, the only appropriate charge should have been under section 302 if the abductors were murderers themselves; if net, then under section 309/109. After the recovery of the dead body there was no scope for a charge under section 364, because the offence of abduction culminated in the offen...... 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. ..Category: Criminal Law | Date: | Hits: 62
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... 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. ......omplaint was one of forgery and fraud. The Sub-Divisional Magistrate summoned the appellant under sections 420/511 and 464 of the Penal Code, and he surrendered to the court and obtained bail on 13-2-71, and the case was then transferred to a Magistrate, 1st Class for disposal. The app..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....se (2) of the First Schedule will not be attracted and the matter would be governed only by that term". It may be noted that an arbitrator derives his authority from reference which furnishes the scope and prescribes the limits of jurisdiction. In the above mentioned case the arbitrators act......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
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....been sold'. The change of wording in the new Act indicates that the legislature thought it proper in view of the decision in Asmatnnissa Begum Vs. Ashruff Ali, ILR 15 Cal. 488 (F.B.) to widen the scope of the section. It may be profitable to note the words that occur in rule 90, namely, 'a perso......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)
....t international personalities, but all of them having the same kind of procedural law regulating the issue of commission or letter of request for examination of witnesses living abroad, there is a scope of harmonious operation of the said provision in respect of execution of an order issuing suc......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
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... referring judges and stated his view in the following words: “Section 1 no doubt relates to marriages between Hindus, but section 2 includes all widows who are within the scope of the Act, that is to say, all persons who being Hindus become widows and it must foll......nbsp; ..Category: Property Law | Date: | Hits: 59
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
.... argued with reference to the saving clause quoted above that the intention of the Legislature being so clear and manifest with respect to the cases protected by the saving clause, there is no scope for application of 6 of the General Clauses Act so as to bring the proceedings started for of......mitted charge-sheet against the accused en 20. 7. 1974 under Sections 147/148/149/302/109, Penal Code read with Article 2(4) of P. O. 50. The accused were taken in to custody. Their prayer for bail was rejected, both by the Sub-Divisional Magistrate as well as by the Sessions Judge, Bar..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....atute or a part thereof is clear and unambiguous, the title or preamble of the said statute cannot be brought in for the purpose of curtailing or restricting the meaning and scope of the said section of the statute and that as the aid of the title or preamble can&nbs......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....n the case of social service, there must be devolution of responsibility so that there may be some degree of local independence with the necessary central control. The principle of corporation offers scope for many kinds of governmental experiment under which central control, local control and tot......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....uch thing as an inherent right of appeal. Appeal is purely a creature of statute, and unless a right of appeal is clearly and expressly given by the statute, it does not exist, nor is there any scope for inferring such a right by implication". 28. The view of the Dacca High Co......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... decision in the case of Akaluddin, the consistent view of the Dacca High Court was that where the person abducted was in fact murdered and the dead body was traced out and identified there was no scope for a charge under section 364, Penal Code. The abductor in such circumstances should be char...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
.... the trial Court decreed the suit on consideration of the evidence on record and it was found that there is no truth in the defence version of the case. The trial Court also found that there was no scope for service of summons of the earlier suit upon the predecessor of the present plaintiff and......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....ted no illegality in holding that he was not a co-sharer by inheritance; Present petitioners are not pre-emptors but they are merely legal representatives of the pre-emptor and as such there is no scope to hold that they were co-sharers by inheritance at the time of filing the case for pre-empti......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ..Category: Property Law | Date: | Hits: 65
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....sons and for repair. 9. The learned Judge of the High Court Division taking the view that revisional jurisdiction under section 25 of the Premises Rent Control Act is wider in scope than that of revisional jurisdiction under section 115 Code of Civil Procedure held that the...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......te-appellant is against the judgment and order dated 9-8-2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 2741 of 2000 making the Rule absolute granting bail to accused-respondent Faisal Alam Ansari. 2. One Md. Enamul Kabir, young..Category: Criminal Law | Date: | Hits: 68
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....at the candidate contesting the by-election of Tangail-8 earlier filed a review petition before the Election Commission and the Election Commission by order dated 31-10-1999 held that there was no scope to review the order of the Returning Officer regarding the allocation of a symbol “Lang......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....he order of dismissal no second show cause notice was issued. Mr. B Hossain learned Deputy Attorney-General submits that as the disciplinary action was taken under the Jail Code wherein there is no scope for issuance of a second show cause notice this has not in any way prejudiced the defence. Bu......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
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