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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. ......3 at the Seed Store could not be completed, that the Presiding Officer did not declare the result after counting the votes and that he did not fill up the requisite forms as per Rule 41. Being of the view that the election held in respect of Ward No. 1 had been vitiated on account of the failure of ..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. ......tor has the right over it. 16. In the Province of West Bengal and Province of East Bengal Vs. Banamali Sen, another Division Bench of the Calcutta High Court took the same view, that the security, deposited by a party for satisfaction of cost of appeal to Privy Council, ..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 expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ...... the proceedings against them. High Court refused to quash the proceedings and discharged the Rules. 4. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the appellants has contended that in view of the agreement between the stockist Firm and the Coal Controller the allegations made against..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. ......answers may tend to show he has committed. No oath shall be administered to the accused. 6. It is quite obvious that the legislature provided for the examination of the accused with view to enabling the accused to explain the circumstances appearing in evidence against him. Where ..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. ......used to refer the question to the High Court holding that the same question was considered in the case of American Export lines and that there was no cogent reason for taking a different view in these cases. 7. Against the orders of refusal, the appellant by an application ..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. ......e did not take place at least 15 days before the filing of the application, the Court had no jurisdiction to appoint an arbitrator. 7. The learned Subordinate Judge who heard the matter was of the view on the question of the proper service of notice that the copy of the application which was serv..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. ......to be capital expenditure. 3. On appeal, the Assistant Commissioner held that of the amount of Rs. 20,803/- a sum of Rs. 9,240/- was spent for oil painting the walls of the Hall, and in his view the work could be -termed current repairs, and allowed deduction of the said amount. He d..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)
....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. ......hich it was contended that the said persons were not the holders of contiguous lands as their interests had already been transferred by their predecessor to Opposite Party No. 66 and that, in view of the objection, however, they might be impleaded as parties; and thereafter the said 8 perso..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....und bereft of any legal title, or interest capable of protection under sub-section (3) of section 20. The High Court was in error in not looking at the true character of the certificate sale, and erroneously proceeded solely on the basis of sub-section (1) of section 20 of the Act, ignoring sub-...... to be remembered that prior to the introduction of section 36 of the Act in 191-3, there was conflict of judicial decisions on the effect of sale, in consequence of non-service of notice. One set of view was, that non-service of notice rendered the sale a nullity, and the other was, that it was an ..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.......should have declined to exercise jurisdiction under that section, and since they did not do so, their judgment is not sustainable in law. Whether the District Judge constituted a Court or should be viewed as such, or he was a mere 'persona designate’ is a question which being undoubtedly of cons..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. ......is heirs continued to possess the mortgaged land and they are still in possession of the properties. The plaintiff-responders who are the succession-in-interest of the mortgagor also stated that in view of the fact that the original mortgagee or the defendants had not brought any suit for foreclos..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. ......ce and balance of convenience. 4. The High Court Division, being move under section 115 of the Code against the said two orders of stay, refused to interfere with the said two orders on the view that the learned Subordinate Judge had given sufficient reasons for passing the said orders an..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. ......e a ground to impugn the decision of a domestic tribunal. 4. Mr. Chowdhury next submits, with some vehemence, that on the second charge, the Enquiry Committee upon a wrong view of the statement of the employee, has treated it as confession of guilt, which does not either..Category: Labour and Industrial Law | Date: | Hits: 151
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. ......pported by an affidavit, was at all entertainable by the Administrator; and (2) Whether the order of the Administrator removing the petitioner can be sustained, in view of the facts alleged in the application being neither supported by affidavit nor otherwise pr..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. ......aruddin and Tasiruddin with reference to the attending facts and circumstances along with other evidence and they could not persuade them to put reliance on the said evidence. They were of the view that the confession of the co-accused Ebad, Wahed, Obedullah and Ayezuddin did not receive an..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. ......cted by some persons. We do not think that the High Court Division erred in law in upholding the conviction and sentence of the petitioner and in dismissing his appeal as we are of the view that on reading the evidence of P.W. 1 as a whole it appears that the statement in question is..Category: Criminal Law | Date: | Hits: 62
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....ding of the lower appellate court was based on conjectures and surmises, and such finding of facts is not binding on the High Court in revision. The learned Judge with reason has set aside the erroneous finding of the lower appellate court, and restored that of the trial court. We do no......d restored that of the trial court. We do not find any error in this decision of the High Court. 4. Before parting, however, we must observe that the learned Judge is wrong in his view, that if there is a judgment of reversal and the two courts below had taken two different view..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. ......eme undertaken by the District Council under, the works programme and that the petitioner had any ulterior motive therein. 6. We are afraid this argument of Mr. Ali cannot be entertained in view of the concurrent findings of the trial court as well as of the High Court that the &nbs..Category: Criminal Law | Date: | Hits: 69
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....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. ......me to the village of Abdul Jabbar Dewan along with the appellant and his associates. They then went to the house of Abdul Jabbar Dewan when Saimuddin, the elder brother of Abdul Jabbar Dewan with a view to escape the arrest by the Pakistan Army had gone out of his house, but the appellant assured ..Category: Criminal Law | Date: | Hits: 63
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. ......hy;trate could not take cognizance of that offence. He commanded for quashing the proceedings. The learned Judge of the High Court referring to a large number of decisions, took the view that, when appellant was discharging his duties in the company, he was neith..Category: Employment/Service Law | Date: | Hits: 81
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