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Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....sp; that he had concealed a rifle in the dwelling hut of his cousin and co-villager Altaf Hossain and in pursuance of that statement he led to the Officer-in-Charge and the police party to the house of Altaf Hossain and from appellant Altaf Hossain's north bhiti dwelling hut ap......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. ......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. ..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)
....ng upon the respondents to show cause why the Income Tax Appellate Tribunal should not be directed to refer the aforesaid question of law to the High Court for decision but after hearing the parties the learned Judges were pleased to discharge the Rules holding that the common question is c......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. ......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 BangÂladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....erred to the Superintending Engineer to be nominated by the Chief Engineer, Pak. P.W.D. for arbitration according to law. 3. A dispute having arisen on completion of the aforesaid work between the parties as to the amount of money to be paid to the ResÂpondent Firm, Mr. M. I. Rajput, SuperintenÂ......ct, and therefore no quesÂtion 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. ......ct, and therefore no quesÂtion 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 CineÂma Co., 1976, 5 CLC (AD)
....risdiction of the Supreme Court. 14. Reading the Articles together, it is clear that from a judgment of a High Court passed on reference under section 66 of the Income-Tax Act, an aggrieved party has two remedies open to him. He can under section 66A (2) obtain a certificate of fitness f......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. ......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)
....2, 187/1961-62 and 1970/1962-63. The holding comprising 1.73 acres of land was sold on 22.10.1962. It was purchased by the plaintiff and he took delivery of possession on 4-10-62, Dispute between two parties cropped up when plainÂtiff who had mutated his name in the GoÂvernment Acquired Estate, fo......ns of the, courts below are set aside in part, and the case remitted back to trial Court for allowing the plaintiff-appellant to amend his pleading, by adding the prayer for recovery of possession on payment of proper court fees. The defendant shall be at liberty to file additional written statement......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)
....or the Appellant. S.R. Pal, Senior, Advocate, with M/S. Q.G. Ghauce, Abdur, Rashid Khan, Advocates instructed by Abu Backkar, 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, 196......nary judicial system of the county becomes seized of a dispute under Section 39 of the Ordinance which arises out of an assertion of a legal right pertaining to enforcement of a security respecting repayment of loan. Such a dispute can .be litigated in the ordinary courts of country in accordance wi......al system of the county becomes seized of a dispute under Section 39 of the Ordinance which arises out of an assertion of a legal right pertaining to enforcement of a security respecting repayment of loan. Such a dispute can .be litigated in the ordinary courts of country in accordance with the ordi..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....ever, rejected the plaintiff's claim with regard to other properties. He, also, found that the kot-mortgage in question did not resÂolve into a sale out and out. Accordingly, the suit was decreed in part in preliminary form. The learned Subordinate Judge directed that there would be an accounting, ...... the High Court for decision, as to whether the accounÂting, which had been directed in the case by the Court of first instance, should not be resÂtricted in relation to determination of the excess payment, for the making of a refund order, to such payments or recoveries as had been made after the...... be liable to pay after the commencement of this Act. (a) any sum in respect of principal and interest which together with any amount already paid or included in any decree in respect of a loan exceeds twice the principal of the original loan. (b) on account of interest outstan..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... Judgment Nov. 24, 1976 Lawyers Involved: Nizamuddin Haider, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Respondent-Ex parte. Civil Appeal No.5 of 1976 (From the Judgment and Order dated 14-7-75 passed b...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 61
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ment and fine by the trial Court. On appeal to the High Court Syedur Rahman was acquitted and Haji Mansur Ali having died in the meantime his appeal at the instance of his heirs abated in part and was allowed in part. 5. Mr. T. Ali, the learned Counsel for the petitioner contende......ance on 19-3-1965 without any running bill or any petition for advance. In doing so, the petitioner managed to secure office notes and reports facilitating the advance. Thereafter, further advance payment of Tk. 23,000/OOon 10.3.1965, Tk.35,000/00 on 15.3.65 and Tk. 70,000/00 on 10.4.1965 were m......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. ..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....there was no evidence to show that the appellant was all along with Pakistan Army from Sunday to Tuesday, the day on which the murder of Saimuddin was allegedly committed and that the appellant was a party in taking decision in murdering Saimuddin. It was thus urged that the impugned order of conÂv......n of the apÂpellant 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. ......n of the apÂpellant 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. ..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....to those of someone who was so armed. 6. Nazamuddin's case is a decision of the Calcutta High Court, and the incumbent was a peon attached to the office of the Superintendent of the Sales Department in the district of Muzafferpore. He was convicted under section 161 of the Penal Co......borrowing authority, is paying the salary of borrowed officer from the company's fund does not detract him from his status of a Government servant. The Service Rules specifically provides for such payment of his salary the borrowing authority. The payment is sanctioned by the Service Rules. His ...... 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)
....nstructed by Abdur Rab, (absent) Advocate-on-Record—For the Appellant. Asrarul Hossain, Advocate, Supreme Court, instructed by Abu Backkar. Advocate-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 date......r the appellant. The latter was, therefore, asked to open a letter of Credit. After arrival of the aforesaid goods at Chittagong Port, Sight draft was presented by the respondent to the appellant for payment of the price of the goods but the price having gone down, the appellant refused to honour th......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 withÂout, 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)
....ved: Syed A.N.M. Nasiruddin, Advocate-on-Record—For the Appellant. M.H. Khandker, Sr. Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Respondent Nos. 1(1)-1(8). Ex-parte-Respondents No. 2 & 3. Civil Appeal No. 4-D of 1969. (From the judgment & Order ......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. ......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)
.... of the order issuing commission, which was rejected by the learned Subordinate Judge on 27-5-75 on the view that the Order issuing commission was made after hearing both the parties and that there was no reason for reconsidering the said order. On 31-5-75, respondent No. ......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. ......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 ChowÂdhury and others, 1977, 6 CLC (AD)
....e complied with under the terms of the decree, as the possession of the tenant automatically comes to an end with the disappearance of the tenanted hut or room in such a case. A tenancy of a room or apartÂment in a multistoried building, which is incapable of being used or possessed by the tenant i......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. ......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)
...., instructed by B. C. Panday, Advocate-on-record—for the Appellants. Md. Yasin, Advocate instructed by Md. A. Aziz, Advocate-on-record—For Respondents Nos. 1-4 & 8. Ex-parte. — Respondents No. 5-7 and 9-13. B. N. Chowdhury, Advocate— U/O XLV, R. 1......ty is vested in her and she is the owner of the property, subject to certain restrictions. She has the right to alienate the property absolutely for what is known as 'legal necessity', namely, for payment of husband's debts, for performance of acts which conduce to the spiritual welfare of ......nbsp; ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....which this Act comes into force in any province, district or place to which section 3.1, clause p) of Act XXXI of I860 applies at such date, or when such an offence has been committed in any part of the Province and the Capital of the Federation not being such a district, provin......e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....heir misuse for alcoholic beÂverages in conformity of advancing the policy of prohibition among the Muslims. 2. A Bench of the High Court Division on consideration of the rival contentions of the parties allowed the writ petitions and declared the impugned notification invalid. Leave was granted......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....te-on-Record- For the Appellant. T.H. Khan, Sr. Advocate, with A.KM. Shafiqur Rahman, Advocate, instructed by M. R. Khan, Advocate-on Record—For Respondents No. 1 and 5. Ex-parte—For Respondents No. 2-4 &6-27. Civil Appeal No. 22 of 1975. (From t......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)
....olved: Abdur Rab-1, Advocate on Record—For the appellants. Kazi Shafiuddin, Advocate instructed by A. Rob-II, Advocate-on-Record.—For the Respondent No. 1. Ex parte—Respondents Nos. 2-20. Civil appeal No. 14 of 1974. (From the Judgment......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. ......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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