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Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......ns of the Wakif. 2. The Province of East Pakistan (now Bangladesh) contested the suit asserting that the impugned order of the Revenue Officer under section 20 of the Act is well founded in law and binding upon the Wakf Estate and the plaintiffs. The Revenue Officer on taking accounts fro..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ...... "133. (1) Save as provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of— (a) the registration of a co-operative Society or its by laws or of an amendment of its by-laws; or (b) the dissolution of a managing comm..Category: Labour and Industrial Law | Date: | Hits: 144
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......after he left the court unceremoniously without arguing the case for the petitioner. It has been seen that he is in the habit of doing so and he did so in the past too. This conduct of the learned lawyer is highly objectionable." 2. Before entering into the merit of the appeal it is ..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......." 7. Press Notes show that an order under section 144 Cr. P. C. was in force in the city and a procession of many thousand students was brought out in violation of the order. The law and order was extremely disturbed and they committed various acts of violence and thereby creat..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... as stated thereunder was to forcibly demolish and remove materials of an incomplete hut of the complainant Jainullah. In the charge under section 302/149 it was alleged that, two members of the unlawful assembly, namely, the appellant Tozammel and another named Ilias in prosecution of the commo..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......er, with the reduction of sentence discharged the rule. 4. Only appellant Sirajuddin has obtained leave, the other accused did not approach the Supreme Court. In this appeal the question of law involved is that when an accused is charged with two offences, under sections 457 and 380 P.C. ..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ...... The learned Judges, however, appear to have rested their decision entirely on a different foundation. They have sought to maintain the order by way of enforcement of a kind of discipline among the lawyers in general without trying to ascertain the actual cause of the learned Advocate's failure t..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....nd from disturbing thereby the possession of the plaintiffs in the property in suit, the learned Judge has noted that he did not accede to the prayer in the plaint to which was made before him for amending the aforesaid prayer in the plaint to which also an exception was taken on the ground that......the plaintiffs obtained licence to remain on the land and raised structure thereon with the permission of Defendant No. 1 and that the subsequent cancellation of the said permission was without any lawful authority. The learned Judge has taken the view that as the prayer (a) of the plaint h..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......tter, the compuÂtation of income as done by the Income-tax Officer was modified by directing that the profit rate of 40% should be accepted in respect of the said years. 9. A certain question of law said to have arisen from the said order was, thereafter reÂferred by the Tribunal to the Dacca ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......asis for a bonafide claim to the crops grown on such land by the persons in possession of the same in assertion of their title thereto. The learned counsel has not disputed this proposition of law. He has however, submitted that in the instant case the trial court considered the evidence in..Category: Criminal Law | Date: | Hits: 66
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. ......pondent No. 2 to supervise and manage the business of the Company and in September 1972 Sajjad Hossain and his wife executed a general power of attorney appointing the said respondent No. 2 as their lawful attorney to manage the Company. Sajjad Hossain and the members of his family were in Karachi ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of BanglaÂdesh and others, 1976, 5 CLC (AD)
....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. ......nstitution Order of 1969 before the High Court of East Pakistan for a declaration that the order imposing excise duty on the stockinet "hoses" manufactured by the Company was without lawful authority and was of no effect. The case made over in the said petition as that the petitio..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. ...... of such applicants may place him or them as the case may be in possession of the property vested in him or them.” 6. It is obvious that in view of the; above provisions of law a court may, on the application of the pre-emptor, put him into possession of the property..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......r appellate Court, which was the final Court of fact were binding upon the High Court in Second Appeal and such findings could not be interfered with except when they were vitiated by some error of law, or a substantial error or defect in procedure affecting the merits of the case. The High Court ..Category: Tenancy Law | Date: | Hits: 68
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. ......eed suffered from vagueness and indefiniteness. Hence it had not been established that the property in dispute was a part oi the wakf estate. Leave was granted to consider a question of law, as to whether wakf of a Mushaa for the upkeep of a mosque is a valid dedication under the Muha..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. ......n the application that the plaintiffs and the principal defendants being Indian Nationals and having resided in India the disputed properties had vested in the applicant defendant under the emergency laws in force, that in the absence of the Indian nationals several interested parties who were pro f..Category: Property Law | Date: | Hits: 93
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ...... of the person whose name appears therein, but this also lends supÂport to the claim of title made by plaintiff. It seems to us, that this view of the High Court does not state the correct view of law on the presumption arising from the record of right. Both the learned counsel have on this point..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election CoÂmmissioner 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. ......he Election Tribunal had no jurisdicÂtion to set aside the election to the said offices and the part of the order purporting to invalidate the election to the said offices was patently withÂout any lawful authority. This point has not taken by the appellant before the High Court Division nor has i..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. ......iability, if any, which might arise under the said contract. The present right to the money has been very much circumscribed by virtue of the said contract, and it being under the physical and lawful control of the Government for the satisfaction of the debts which may arise under the contra..Category: Civil Law | Date: | Hits: 103
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 exÂpeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......ust in the coal, it was submitted that the Railway Authorities knew that the coal contained appÂroximately 60% earth and dust. The learned counsel has, therefore, argued that the High Court erred in law in refusing to interfere, in exercise of powers under section 561-A of the Code of Criminal Proc..Category: Anti-Corruption Laws | Date: | Hits: 225
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