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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. ......ound in his dwelling hut. It was, therefore, submitted that while examining the appellants under section 342, Cr.P.C. proper compliance of the requirements of the aforementioned provisions of law would have been made if appellant Razzaque's attention, were drawn to the evidence that af..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. ...... three appeals are by way of Special Leave arise out oi judgment of the High Court of East Pakistan in three Reference cases under section 66(2) of the Income-tax Act. As a common question of law is involved, they are heard analogously and disposed of by one judgment. The question is whethe..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. ...... questions and disputes concerning the work under the said agreement were to be referred 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..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. ......igh Court. Clause (2) consists of three sub-clauses. Sub-clause (a) says that an appeal shall lie to the Supreme Court, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. Sub-clause (b) says that an appeal shall lie to t..Category: Fiscal/Taxation Law | Date: | Hits: 126
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. ...... piece of evidence, and therefore rightly admitted into evidence and if from the ballot papers produced a margin of difference decisive against the appellant could be spelt out, it could be done in law. He further submits that presumption of regularity has been amply rebutted, when the tribunal ..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. ......be specified. Sub-section (3) is an exception to sub-section (1), and it begins with a non obstante clause. The relevant part says: notwithstanding anything contained in sub-section (1), or any other law for the time being in force where the tenure or holding is sold in execution of a certificate,..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.......gh the late Mr. Md. Amir Ali Mia acknowledged the respondent No. 1 as his son, that did not establish that he was legitimate and as such this "acknowledgment is no acknowledgement in the eye of law; (2) that the Administrator considered the documents filed by the parties (3) that the appeal ..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. ......tioned in the kot-mortgage exhibit I (same as exhibit C) as well as of the excess lands mentioned in schedule I (kh) of the plaint. The plaintiffs will get possession in accordance with law and subject to the provisions of sections 30 and 36 (1) (c) and (d) of the Bengal Money-Lend..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. ...... other judicial proceeding relating to a disputed question of right so far as the parties to the said suit or proceeding are concerned subject to the scrutiny by a superior court, if so provided by law. The correctness or propriety of such a decision cannot be raised by any parties thereto in any..Category: Property Law | Date: | Hits: 61
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. ......et aside the decisions of the High Court and that of the Administrator and remit the case back to the Administrator 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. ..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. ......d that the said retracted confession had practically no evidentiary value against the co-accused Joygun Bibi. The Supreme Court of Pakistan held that this was not a correct proposition of law as regards retracted confession. It was observed that the retraction of a confession was ..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. ......s special leave to appeal against the judgment and order of the High Court Division. 4. Mr. T.H. Khan, the learned counsel for the petitioner contended that the High Court Division erred in law in upholding the conviction and sentence of the petitioner on the face of the evidence of P.W...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. ......revisional court can go into facts to see whether the same was correctly decided by the appellate court, it is not sustained by any judicial authority, nor can we support such a proposition of law. The finding of fact, whether, concurrent or not, arrived at by th..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. ...... asked by the Contractor for a brick field the petitioner requisitioned some land in the name of the District Council by starting a land acquisition case and paid compensation of the land and also lawyers fee from the District Council without asking the Contractor to deposit the same. Besid..Category: Criminal Law | Date: | Hits: 69
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. ......72, passed by the Dacca High Court in Criminal Reference No. 95 of 1971 Judgment Kemaluddin Hossain J.- In this appeal the question of law involved is, whether the appellant who is a government officer and therefore a public servant ..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. ......ing that no such question was raised either before the court of first instance or before the High Court, nevertheless the leave was granted to examine this question since this is a pure question of law and goes to the root of the jurisdiction of the umpire. Mr. Pal pointed out that the latest da..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....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. ......he said order of the learned District Judge dismissing their application for setting aside the sale, a Division Bench of the said Court expressed its dissent from the general formulation of the law as made in the aforesaid two Indian decisions to the effect that the word, 'interest' as ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......Bench of the High Court has declared the cancellation of a lease at Tejgaon Industrial Area and dispossession of Respondent-Company from the plot with its assets and buildings as without lawful authority and of no legal effect, and have directed the restoration of possession of the pro..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....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. ......d by Respondents No. I and 4 and 7 to 9, who have filed a joint written statement asserting that the power of attorney is genuine and the transfer effected on the strength of the same is valid and lawful. 3. On 28-8-74, the plaintiff’s prayer for examination of plaintiff No. 1 on c..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......e disciplinary proceeding. It was also held by the High Court that there is no allegation that the proceeding has been initiated malafide, and that the learned Subordinate Judge erred in law in holding that the balance of convenience and inconvenience was in favour of the plaintif..Category: Procedural Law | Date: | Hits: 107
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