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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. ......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. ......was given by the defendant to the said notice. The plaintiff, however, subsequently came to learn that the defendant brought a suit being Title Suit No. 53 of 1953 in the First Court of Subordinate Judge, Dacca against Pyari Lal Pal alleging that Pyari Lal Pal contracted to sell the property in di..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. ...... 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. ...... and that as such the revisional application was not maintainable, the learned Judges considered the said application on merits and found that there was no substance in the said application. 9. Special leave to appeal has been granted by this Court to the appellants to consider 3 points namely...... Code of Civil Procedure in a suit for partition in which appellants are Defendants No. 6 and 7. 2. Respondents No. 1 to 8 instituted Partition Suit No. 90 of 1965 in the Court of Subordinate Judge, Dinajpur on 13. 8. 65 for partition of the properties described in the schedule to the plai..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. ...... 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. ......ghts in the name of Subhan. He sets up his inherited tenancy right from his grandfather Ramzan. Alternatively, he asserts that the suit is barred by adverse possession.
3. The learned Subordinate Judge who tried the suit dismissed it, holding that the plaintiff failed to make out his title, an..
Category: Property Law | Date: | Hits: 82
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. ...... Civil Appeal No. 10 of 1975 (From the Order dated 3-12-1974 passed by the High Court Division in Petition No. 1473 of 1974). Judgment Debesh Chandra Bhattacharya J.— This appeal by Special Leave is against an order of a Bench of the High Court Division summarily rejecting an appli......1. 6. The appellant moved the High Court Division under Article 102(2) of the Constitution of the People's Republic of Bangladesh against the said order of the Election Tribunal but the learned Judges of the High Court Division rejected the said application summarily being of the view that t..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. ......nt and order dated 2. 5. 1969 passed by the High Court of East Pakistan in Civil Re-vision Case No. 101 of 1968). Judgment: Kemaluddin Hossain, J.—Facts leading to the grant of Special leave to appeal are as follows: Respondent 1, Md. Abdur Razzak obtained a money decr......btained a money decree against Respondent 2, Md. Belayet Ali Khan, a Government Contractor in O. C. suit No. 59 of 1962. During the pendency of the suit, Respondent No. 1 applied to the Subordinate Judge, Rajshahi, for attachment of Rs. 25,785/- lying in deposit for due performance of contract m..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....desh refusing in exercise of powers under section 561A of the Code of Criminal Procedure, to quash the proceeding in D.A.B.C. R. Case No. 53 of 1968 pending against the appellants in the Court of Sub-Divisional Magistrate, Chittagong (North). 2. The prosecution case is that the appellants 1 and 2......ded that in view of the agreement between the stockist Firm and the Coal Controller the allegations made against the appellants, even if wholly believed, do not constitute any offence cognizable by a Special Judge appointed under the Criminal Law Amendment Act, 1958. Those allegations would at most ...... in view of the agreement between the stockist Firm and the Coal Controller the allegations made against the appellants, even if wholly believed, do not constitute any offence cognizable by a Special Judge appointed under the Criminal Law Amendment Act, 1958. Those allegations would at most amount t..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. ......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. ......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. ..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. ......-Record For the Respondent in C.As. 16-D & 17-D/71. Civil Appeal Nos, 15-D to 17-D of 1971. Judgment: Kemaluddin Hossain, J.—These three appeals are by way of Special Leave arise out oi judgment of the High Court of East Pakistan in three Reference cases und......ents to show cause why the Income Tax Appellate Tribunal should not be directed to refer the aforesaid question of law to the High Court for decision but after hearing the parties the learned Judges were pleased to discharge the Rules holding that the common question is covered by the decisi..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. ......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. ......ecial leave is against an order of a Division Bench, of the Dacca High Court refusing to interfere in exercise of its revisional jurisdiction, with an order made by the First Court of Subordinate Judge, Dacca appointing an Arbitrator under section 8(2) of the Arbitration Act. This appeal was fil..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. ......the disallowance of Rs. 1l,563/- and was right in allowing deduction under s. 10(2) (v) and refrained from expressing any opinion on S. 10(2) (vi) of the Act. 7. The appellant obtained Special leave against the judgment of the High Court to consider whether the Assessee can claim ded......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. ..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. ......er dated 28-1-69 passed by the Dacca High Court in Civil Revision No. 818 of 1962). Judgment: Debash Chandra Bhattacharya J.— This appeal by Special Leave is against an order of a Single Judge of Dacca High Court setting aside a concurrent ...... in Civil Revision No. 818 of 1962). Judgment: Debash Chandra Bhattacharya J.— This appeal by Special Leave is against an order of a Single Judge of Dacca High Court setting aside a concurrent order allowing pre-emption by the two courts b..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. ...... 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
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. ......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. ......lternate clauses (a) and (b) of rule 6 can be resorted to, according to the facts of each case. 20. The other decision of the Dacca High Court, which calls for attention, is a decision of a single Judge in the case of Tarangini Devi vs. Govinda Mallik 9 DLR 57. The decision arose out of a sui..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....... 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.......ondent No. 1. 6. The respondent No. 2 preferred an appeal (Miscellaneous appeal No. 12 of 1968) against this order under section 43 of the East Pakistan Wakfs Ordinance, 1962 before the District Judge, Rajshahi, who by the judgment dated September 16, 1968 dismissed the appeal on findings, in..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. ......houdhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mozammel Hoque, Senior Advocate, instructed, b..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. ......Subordinate Judge had given sufficient reasons for passing the said orders and summarily rejected the appellant’s application under section 115 of the Code of Civil Procedure. 5. Special leave to appeal was granted to consider the principle under which a Court may pass an order...... dismissing summarily an application filed by the appellant under section 115 of the Code of Civil Procedure, challenging the validity of the two orders passed by the Court of the Subordinate Judge of Khulna in a proceeding under Order 33, Rule 1 of the Code, instituted by Respondent No. 1,..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. ......ury, Advocate, with Md. Ismail Khan, Advocate, instructed by S. M. Huq Advocate-on-record—For the petitioner. Not represented—Respondents. Civil Petition for Special Leave to Appeal No. 123 of 1977. (From the Judgment and order dated the 28th Januar......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. ..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. ......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. ......vided that no such order for removal of a Mutwalli shall be made without giving him an opportunity of being heard. Sub-section (3) gives the aggrieved person a right of appeal to the District Judge. Sub-section (3) provides for a revision to the High Court and makes the decision of the High..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. ......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. ...... charges, namely under section 120-B along with 13 others for conspiracy to murder Dr. Salam and further under section 303/34 with other accused persons for murder of Dr. Salam before the Sessions Judge, Rajshahi. The trial ended in conviction of the respondents along with 13 others under the fi..Category: Criminal Law | Date: | Hits: 80
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