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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. ......974. (From the Judgment & Order date 4-8-72 passed by the High Court Division In Cri­minal Revision No. 360 of 1969). Judgment Ahsanuddin Chowdhury, J.—These two app­eals, by special leave, arise out of a single judg­ment of a Division Bench of the High Court of Bangladesh refusing..

Category: Anti-Corruption Laws | Date: | Hits: 225

Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)

....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal   is dismissed. Ed. ...... Judgment and order dated 24-2-75 passed by the High Court Division in Crimi­nal Appeal No. 330 of 197 3.) Judgment: Ahsanuddin Chowdhury, J.—In this app­eal by special leave the point for consideration whether there has been a proper compliance of the requirements of..

Category: Criminal Law | Date: | Hits: 64

The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)

....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. ......Tax Act. The High Court held that the question in substance is covered by the decision of the Supreme Court Pakistan in the case of United  Netherland Navigation Co. Ltd. The Evacuee obtained leave on the ground that the Finance Act, 1967 amended Income Tax Act inter alia by introducing th..

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. ......peal No. 10 of 1972. (From the Judgment and Order dated 9.7.70 passed by the Dacca High Court in Civil Rule No. 1739 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by spe­cial leave is against an order of a Division Bench, of the Dacca High Court refusing to interfere in exer..

Category: Alternative Dispute Resolution | Date: | Hits: 258

The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cine­ma Co., 1976, 5 CLC (AD)

....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. ......ated 7. 2. 68 passed by the Dacca High Court in Reference Case No. 3 of 1967). Judgment:        Kemaluddin Hussain, J.—This is an appeal on special leave obtained by the Commissioner of Income Tax, Dacca from the judgment of the High Court, Dacca ..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)

....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......n the proper inter­pretation or construction of the kabala Ext. 1 (b) the said Muzaffar Ali Khan was not a co-purchaser of any contiguous land and it has been stated in the petition for special leave to appeal that there was a subsequent partition of the lands purchased by Ext. 1 (b) between..

Category: Property Law | Date: | Hits: 54

Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)

.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......or the respondent No 1-3. Judgment:                  Kemaluddin Hossain, J. - This appeal is by special leave obtained by the appellant against the decision of the High Court Division dismissing the writ..

Category: Others | Date: | Hits: 101

Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)

....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. ......o allow the plaintiff to amend his plaint by adding the prayer for recovery of possession, but it was refused and the appeal dismissed. 4. The plaintiff moved the Appellate Di­vision and obtained leave on two points the High Court was in error in refusing the prayer of amendment of the plaint, i..

Category: Property Law | Date: | Hits: 82

Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)

.... 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.......tituted suit to have the status of the respondent No. 1 determined. 7. Being dissatisfied with the order passed by the learned Judge of the High Court, the appellant filed a petition for special leave to appeal in the Supreme Court of Pakistan. On December 1, 1969 the Supreme Court of Pakistan ..

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. ...... 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 Ahsanuddin Chowdhury J.- This appeal on special leave arises from the judgment and order of the erstwhile High Court of East Pak­istan dismissing a..

Category: Property Law | Date: | Hits: 64

Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)

.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......Order dated 14-7-75 passed by the High Court Division in Civil Order No.1021 of 1975) Judgment:         D. C. Bhattachaya J: This appeal by special leave is directed against an order of a Bench of the High Court Division, dismissing summarily an a..

Category: Property Law | Date: | Hits: 61

Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)

....c tribunal or not. That a different conclusion is possible is no ground for interference. We therefore do not find any good reason to grant leave. This petition is dismissed. Ed. ......ges were framed against the employee, one relating to his inducting a wrong person in the mills by changing the name and address of a Badli worker Serajul Huq, and the other was his issuing a false leave order to a worker, Abdul Hamid. Mr. Chowdhury argues that the employee was not given an oppo..

Category: Labour and Industrial Law | Date: | Hits: 151

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. ......ment and Order dated the 27th July, 1971 passed by the High Court, Dacca in Writ Petition No.60 of 1969 Judgment:        K.Hossain J: This appeal is on leave granted from a decision of a Beach of the Dacca High Court, in a writ petition affirm­ing..

Category: Property Law | Date: | Hits: 43

The State Vs. Fazu Kazi alias Kazi Fazlur Rah­man and others, 1977, 6 CLC (AD)

....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. ......November, 1968 in Death Reference case No.8 of 1968 with Criminal Appeal No. 288 of 1968. Judgment:        Ahsanuddin Choudhury J: This appeal by special leave at the instance of the State is aga­inst the acquittal of the four respondents of the cha..

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. ......dvocate with Md. Abdur Rahim, Advocate, Supreme Court, instructed by Abu Bakkar, Advocate on-Record.—For Peti­tioner. Not Represented—Respondent. Petition for special leave to Appeal No. 22 of 1976. (From the judgment and order dated 4.9.1975 passed by the H..

Category: Criminal Law | Date: | Hits: 62

Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)

....th  as second appellate court and  a revisional court, except in certain well-defined exceptional circum­stances.  With this observation the petition is dismissed. Ed. ...... Abdur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Petitioner. B, Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Special leave to appeal No. 153 of 1977. ( From the judgment and order dated the 9th November,1976 p..

Category: Property Law | Date: | Hits: 44

K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)

....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......cate with Khandker Mahbubuddin Ahmed instructed by A. Rob - (2) Advocate-on-Record—For the petitioner. Not represented— For the Respondents. Criminal Petition for Special leave to Appeal No.5 of 1977 (From the Judgment and Order dated 27 th August, 1976 passed by..

Category: Criminal Law | Date: | Hits: 69

Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)

....n of the ap­pellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. ...... of 1977. (On appeal from the judgment and Order dated 11-7-74 passed by the High Court Division in Criminal Appeal No.6 of 1973) Judgment Ahsanuddin Choudhury J.- This appeal by special leave is from the judgment and order of the High Court Division affirming the order of conviction an..

Category: Criminal Law | Date: | Hits: 63

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. ......Rules. The residential accommodation would be provided by the company on pay­ment of rent at the rate of 7-1/2 of his basic pay. The foreign employer will pay contribution towards pension, and leave salary of the officer concerned. The appellant's period of depu­tation was of three years..

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 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.- This appeal by special leave is from a judgment of the erst­while High Court of East Pakistan in First Appeal No. 133 of 1..

Category: Business or Commercial Law | Date: | Hits: 86