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Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, Assistant Attorney-General—For the Appellant. Shah Abu Mayeen, Adv......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....were identical in all material respects in length, in breadth, in texture and in use of cotton yarn as rayon material, with those that the appellant had been purchasing in the market. Suddenly the Inspector of Central Excise and Land Customs of Pakistan served upon the appellant Company a n...... M. Habibur Rahman, Advocate, instructed by A. Bakkar, Advocate-on-Record—For the Appellant. Syed Ishtiaq Ahmed, Addl. Attorney-General, with Mahmudul Islam, Asstt. Attorney-General, instructed by S.S. Hoda, Advocate-on-Record—For the Respondents. Civil Appea......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......ocate-on-Record—For Appellant. T. W. Chowdhury, Advocate, instructed by A. M. Khan Chowdhury, Advocate-on-Record—For Respondents. No. 1. Ranadhir Sen, Deputy Attorney-General— Amicus Curiae. Civil Appeal No. 13-D of 1971 (From the Judgment and......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......peal is dismissed. Lawyers Involved: Shah Azizur Rahman with Latifur Rahman, Advocates, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmad, Attorney-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellate Divis......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ...... J.— This appeal by Special Leave is against an order of a Bench of the High Court Division summarily rejecting an application under Article 102(2) of the Constitution of the People's Republic of Bangladesh and refusing to interfere with the judgment of an Election Tribunal which set aside the e..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ...... 619 same case A.I.R. 1930, All. 225; C.V. Raghavayya Vs. Chamria Talkie Distributors and another, A.I.R. 1958 Andhra Pradesh 31. Lawyers Involved: Mahmudul Islam, Assistant Attorney-General, instructed by A. W. Mallick, Advocate-on- Record—For the Appellant. S. M. Huq......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......Civil) Present: A. M. Sayem, C. J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abdur Razzak and another…&hel..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....as Abdul Quader Chowdhury and Sons and appellant No. 3 is the Manager of the firm which is a stockist or handling agent of the Coal Controller at Patenga. Appellant Sarwaruddin of Appeal No. 29 is an Inspector in the office of Coal Controller. As per agreement between the stockist firm and the Coal ......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. ......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. ......ion 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 in exercise of powers under section 561A of the Code of Criminal Procedure, to q..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. ......ent Jan. 14, 1976. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Rccord.—For the Appellants. Faqeer Shahabuddin Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Cri...... drew, at the out set, our attention to the circumstances under which the appellants were prosecuted and put on trial, the complainant (P.W.I) Humayan Kabir, Officer-in-Charge of Kalaroa Police Station during investigation of a dacoity case arrested appellant Abdur Razzaque on suspic...... Cr.P.C. and on conclusion of the trial they were found guilty and convicted under section 19(A) & (f) of the Arms Act read with President's Order No. 50 of 1972, namely, Bangladesh Scheduled Offences (Special Tribunals) Order and sentenced to rigorous imprison..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)
....lands Navigation Co. Ltd. Vs. Commissioner of Income Tax, Dacca (1965) 17 DLR SC 446—P.L.D. 1965 S.C. 412; Maharajah of Pithpurara Vs. Commissioner of Income Tax, AIR 1945 (P.C.) 89; Russell (Inspector of Taxes) Vs. Scott. 1948 A.C. 422, and Davigdor Goldsmid Vs. Inland Revenue Commi......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. ......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. ......andra Barma Sarma, I.L.R. 48 Calcutta 138; Ashutosh Sikdar Vs. Behari Lal Kirtania, ILR 35 Cal. 61; Viswas Balwant Davarc Vs. Bala Chandra Ganesh Thakur, reported in A.I.R. 1931 Bom 539; The Governor General of India in Council Vs. Bilas Singh, and Nalini Ranjan Guha Vs. Union of India, A.I.R. 1954 ......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. ......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
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. ......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. ......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. ......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)
.... 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. ......hird, Whether the Tribunal in compliance with rule 61A followed the prescribed procedure of the code of Civil Procedure in conducting the 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. ...... 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. ...... 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
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......., such claim which partakes of civil nature involves a decision requiring the exercise of judicial functions. The learned Counsel also mentioned that District judge as defined in Section 3(17) of the General Clauses Act, 1897 means the Judge of a principal Civil Court of original civil jurisdiction ...... 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.......DLR.442; Azizul Huq Vs. M/S. Hanif Ltd. and others, (1955) 7 DLR; 287; Aswad Mia and another vs. Shahidulla Mia, (1958) PLR Dacca 1163; Anil Das and others Vs. Mostaque Ahmed, (1966) 18 DLR 86; IDBP (Bangladesh) Vs. M/S. Master Industries, (1974) 36 DLR 157 and Bangladesh Fisheries Society Ltd. Vs. ..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. ......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. ......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. ......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)
.... 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. ...... 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
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. ......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. ......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. ......Not represented—Respondents. Civil Petition for Special Leave to Appeal No. 123 of 1977. (From the Judgment and order dated the 28th January, 1977 passed by the High Court of Bangladesh in Writ Petition No. 355 of 1975) Judgment: ..Category: Labour and Industrial Law | Date: | Hits: 151
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. ......ch 9, 1977 Cases Referred to- Joygun Bibi State (1960) 12 DLR (SC) 157, Moqbul Hossain Vs. State 12 DLR (SC) 217. Lawyers Involved: Sultan Hossain Khan. Deputy Attorney General with B. B. Roy Chowdhury, Assistant Attorney General instructed by S. S. Hoda,Advocate-on-R......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. ......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. ...... 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. ...... Ahsanuddin Chowdhury J: The petitioner along with one Akkas AH Dafadar faced a trial on three charges viz. under section 148 read with Article II(c) of Bangladesh Collaborators (Special Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under..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. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......-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 passed by the High Court of Bangladesh in Civil Revision No. 1458 of 1970) Judgment: &nb..Category: Property Law | Date: | Hits: 44
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