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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)
....ernment under any law for the time being in force." 5. The learned Attorney-General for the Government-Appellant has contended that the learned Judges of the High Court Division misÂconstrued the provisions of Articles 4 and 8 of the Order. His main attack is that the learned Judges were wrong i......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)
..... H.H. Dave AIR 1970 SC 755 & Inland Revenue Commissioner Vs. Saxneo Lilley & Skinner (Holdings) Ltd., (1967) All E.R. 756, which disapproved of the method of interpretation of a statutory provision by reading in the said provision a certain word which was not there, unless it was consid......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)
....f both sides were heard. Besides, Mr. Ranadhir Sen, the learned Deputy Attorney-General was heard as amicus curiae; In course of the argument a question was raised as together applicability of the provisions of Order XXI of the Code in execution of an order of pre-emption passed under section 96...... 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)
.... view the limitation of the jurisdiction: of the said Court in dealing with a second appÂeal. As has been noticed above, they can interÂfere with a finding of fact only if it is warranted under the provision of section 100 of the Code of Civil Procedure, that is, only on the ground of an error of ......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)
....in the wakfnama is-unidentifiable and as such the dedication will fail. We cannot help observing that the Courts below have misconceived and confused the principles of Muhammadan Law with the provisions of the Civil Procedure Code. One does not depend upon the other and is to be judged by i......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)
.... during the continuance of a state of war. Moreover, since during such a state of war, it is not generally possible for enemy aliens to act or move for the purpose of their normal avocations of life, provisions were made in the Emergency Laws such as Defence of Pakistan Ordinance and the Rules frame......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 TriÂbunal shall adjudicate the dispute only after giving all the interested parties necessary faciÂlity for representing their case in support or otherwise of the validity of the election. The provision of this statutory rule cannot be read as merely directory in the case of a successful cand......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)
....ideration of s. 60 of the Code read with sub-rule (c) of rule 46 of Order 21, that money lying as security with the Government for due performance of contract was 'money' within the meaning of the provisions of the Code, and liable to attachment in execution of the decree against the judgment-de......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)
....lised as to interrupt or divert the ordinary course of criminal procedure as laid down in the Code. 12. Ordinarily criminal proceedings instituted against an accused person must be tried under the provisions of the Code and the said proceedings should not be generally interfered with at an interl......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
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....ticles were found 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 ev......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)
....ee 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 whether under the provisions of section 10(2} (vi) of the Income Tax Act read with rule 9 of the Income Tax Rules the...... 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 BangÂladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ervice of the notice ES required under sub-section (2) of section 8 of the Act. The learÂned Subordinate Judge distinguished the said Calcutta case by pointing put that no notice under the aforesaid provision of law was at all served in the said case and held, relying upon the decision in the case ...... 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 CineÂma Co., 1976, 5 CLC (AD)
....bunal-was right in the conclusion reached by it that the expenditure of Rs. 11,563/- representing cost of mosaic flooring was allowable either u/s. 10(2)(v) or u/s 10(2)(xvi) despite clear provisions u/s 10(2)(ii) for deductions on account of repairs where the assessee is the tenant onl......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
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....de of Civil Procedure on the question of joinder of parties. Order 1 of the Code of Civil Procedure deals with the question of the parties to a suit and by virtue of section 141 the Code; the said provisions are applicable to a proceeding of original nature like the one under section 96 of the E......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. ...... 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)
.... Judgment and Decree dated the 27th July, 1970 passed by the Dacca High Court in Second Appeal No. 1114 of 1997). Judgment Kemaluddin Hossain J.- In this appeal interpretaÂtion of some of the provisions of the Public Demands Recovery Act, 1913 are involved. Facts material for the appeal a......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 holdÂing 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)
....7 DLR 367. 10. As to the question whether the District Judge is a 'persona designata' or a Court beÂcomes relevant when he is so described in a particular statute. It. would be well to quote the provisions of section 43 of the Ordinance which, in the present case, raised this conÂtroversy. Sec......gh the late Mr. Md. Amir Ali Mia acknoÂwledged the respondent No. 1 as his son, that did not establish that he was legitimate and as such this "acknowledgment is no acknowÂledgement 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)
....in relation to determination of excess payment for the making of a refund order to such payment or recoveries as had been made after the first day the January, 1939 within the meaning of the relevant provisions of the Act and in doing so the High Court considered the relevant proÂvisions of section......Âtioned 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 accorÂdance with law and subject to the proviÂsions of sections 30 and 36 (1) (c) and (d) of the Bengal Money-Lend..Category: Property Law | Date: | Hits: 64
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