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The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....aw. The Article is enabling one. It gives additional jurisdiction to the Supreme Court, if there be any existing or future law. Article 225 preserves and continues in force all laws in force at the time of the commencement of the Constitution. Income-Tax Act no doubt, was one such existing law. S......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
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
.... and that, in view of the objection, however, they might be impleaded as parties; and thereafter the said 8 persons were impleaded as proforma Opposite-parties No. 89 to 96. 5. At the time of the hearing before the trial Court, only two points were pressed, namely, whether the petit......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. ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....he trial. On a notice from the Division, the learned Attorney-General has appeared and we had had the advantage of hearing learned arguments from the Bar. Mr. Karim for the appellant at the time of hearing has abandoned the third question, nor do we find any alleged procedural error commi...... 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. ..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....roperty of the certificate debtor situated in the district in which the certificate is filed, shall be void against any claim enforceable in execution of the certificate, and that the amount due from time to time, in respect of the certificate shall be a charge upon the immovable property of the c......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)
.... of the East Pakistan Wakfs Ordinance 1962, (2) that the order dated December 5, 1967 was the one under that section and the appeal to the learned District Judge therefrom was competent and within time, (3) that the learned District Judge did not act as a "persona designata" (4) that acknowledg...... enroll him as the Mutwalli of the said Wakf Estate claiming to be eldest son of Amir Ali Mia, the previous recorded Mutwalli. On May 3, 1967 the Commissioner of Wakfs rejected his prayer for appointment as Mutwalli on the ground that the late Md. Amir Ali Mia had filed an affidavit wherei..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
.... other lands namely, schedule I (Ga), Schedule II (kha), schedule IV (kha) and schedule V (kha) is disallowed" The defendant, having felt aggrieved by the decision of the High Court for the second time, sought special leave to appeal from the said judgment. The leave granted by the Supreme Court ......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
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....f a contract for sale of land against Respondents No. 1 and 2, the two brothers, who appeared in the suit and filed two separate written statements, but both of them having failed to appear at the time of the hearing the suit was decree exparte on 18-4-68. Respondent No. 1 thereafter filed an ap...... 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
Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)
....i had an opportunity of being heard, proviso to sub-section (1) of s. 32 clearly provides for such an opportunity to the accused Mutwalli to defend himself. Therefore the affidavit at the time of filing the petition under this section is not essential, as the provision of defence"......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)
....lam Yasin to four years' rigorous imprisonment each. The case against appellant Maqbool Hussain rested entirely on what the other two accused were alleged to have stated to a Tahsilder at the time of offering the bribe money to the Tahsilder for the purpose of mutating the appellant's name......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
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....f the Penal Code and sentenced thereunder with imprisonment 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.......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)
....hat Saimuddin was lifted and taken to the military camp at Pagla Dewan, and the appellant was also present when Saimuddin was killed. This clearly shows that the appellant was present not only at the time of lifting Saimuddin from his house but also at the time killing Saimuddin. This is sufficien......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. ..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....the rules the Government has thought it expedient for public reasons to be rendered by a Government servant, must be regarded as the duties of the officer on deputation. The mere fact that for the time being the Company, the borrowing authority, is paying the salary of borrowed officer from the ...... the context of these facts, the appellant Mansur Ali Ahmed, an Assistant Registrar of Co-operative Societies, Chittagong, was placed at the disposal of the Chittaranjan Cotton Mills Limited, for appointment as an Administrative Officer on Foreign Service basis. This was done on 19-5-69. The ap..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....s follows B. C. Aga & Co. (hereinafter called the respondent) while carrying on business under the name and style L. D. Seymore & Co. (Pak) Ltd. was requested by the appellant who was at the relevant time carrying on business under the name and style Rahim Afroze & Co. to import two consignments of ......imately passed in to of the award. On appeal, a Division Bench of the High Court affirmed the decree passed by the trial court. 3. Special leave to appeal was granted to consider as to whether the appointment of the umpire made beyond one month from the latest date of the appointment of the arbit..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. ......ith a sentence on stating that the Supreme Court does not interfere with legal sentence. It may, however, be observed that the set imposed should be commensurate with the gravity of the offence. This appointment of the right sentence is to be determined by nature of the criminal intent and the manne..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....of the provision relating to setting aside a sale by an application made to the executing Court which appear to have been made in keeping with the judicial interpretation of the said provision from time to time. The relevancy of such legislative changes to the interpretation of a certain statutory......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 Mr. M.A. Khaleque as the commissioner for examination of plaintiff No. 1. It appears that adjournments were taken in the suit on behalf of the plaintiffs or the Advocate Commissioner from time to time for submission of the Commissioner's report, but, on 20-5-75 the Advocate Commissioner......ve for special reason, employ the ordinary method of letter of request to the foreign Court in all cases (save in the case of United States) but if there be good reason for preferring the appointment of a Commissioner and the country in question is one of these mentioned in the ab..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....as also referred to Halsbury's Laws of England Vol. 32, 3rd Edition paragraph 1586 page 806, where the position of what has been known in England a statutory tenant has been explained. During the war time there had been in England certain legislations which are collectively known as Rent Restriction......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)
....d Division Bench decision, of the Dacca High Court. It seems a bit strange, that the said decision, which appears to have been binding upon the learned Chief Justice, escaped his notice at the time of delivery of the judgment. However, special leave to appeal was granted for considering thi...... this section, it is clear that the legislature contemplated, by the use of this expression, such widows as had been dealt in the preceding section. Section 3 which makes provision for appointment of a guardian of the children of the deceased husband on the remarriage of a Hindu wido..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....ate was required in the case of offences committed within three months of the coming into force of the Arms Act in place where clause (2) of section 32 of the Act XXXI of 1860 was enforced at that time and in the case of offences committed at any time in places where the said clause was not enfo......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
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....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
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