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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. ......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. ....... D.C. Bhattacharya, J. Sirajuddin alias Siraj…...Appellant. Vs. The State ……...Respondent. Judgment Nov. 20, 1975. Cases Referred to: Shaikh Abdul Gaffar Vs. Downing Jwala Prasad (A.I.R. 1926 Patna 465), Mosaher Dome Vs. ......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. ......iency in such matters in the past. But that seems to have been misunderstood. We are not satisfied with the reasons stated in the petition. The application for restoration is accordingly rejected." Special leave was granted by the Pakistan Supreme Court to a......Judgment, Dec 9, 1975. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate -on-Record.—For the Respondent No...... 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)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......r of requisition and grant of permission by the Chairman of the D. I. T. the appellant, to construct a three storied Commercial building on the disputed land. What has been challenged in the suit, according to the learned Counsel, is the subsequent cancellation of the said permission by the......ip;……….Appellant. Vs. Waliullah and others……………....Respondents Judgment January 29, 1976. Cases Referred to: Jagadish Bhargava Vs. Jawaharlal Bhargava and others A.I.R. 1961(S.C.) 832; Secretary of......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....... correct view. It is the duty of the Income-Tax Officer, where there is such a method of accounting, to consider whether the income, profits and gains can properly be deduced therefrom and to proceed according to his judgment on this question." 17. The Supreme Court of India has similarly held i......er of Income-Tax, Dacca Zone, Dacca......Appellant. Vs. M/s. Ata Hossain Khan Ltd....... Respondent. Judgment November 19, 1975. Result: The appeal is allowed. Cases Referred to- Bombay Vs. Sarangpur Cotton Manufacturing Co. Ltd., LR 65 IA 1 = AIR 1938 PC 1= 42 CWN 194; ......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. ......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. ......e before a Magistrate, First Class, and Tangail in case No. 821(1) of 1968. The prosecution case against them was that on the 11th Ashar, 1375 B. S. they along with others cut and took away the paddy worth Rs. 500/- which was grown by the complainant Shahjahan Mia on......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)
....ng. 12. We can now turn to the third question as to whether prior show cause notice is neceÂssary before the opinion of the Government is formed. It is to be remembered that principles of natural justice is not attracted for preliÂminary determination. A glance at different provisions of the Pr......ed Company. Petitioner No. 2 used to stay with the family and used to work in the interest of the factory of the ComÂpany at 158, Tejgaon Industrial Area. In 1971 wife of Sajjad Hossain fell ill and accordingly Sajjad Hossain with his wife left the country for her treatment. Saifuddin one of the Di......nt. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, Assistant Attorney-General—For the Appellant. Shah Abu Maye......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)
....on or its meaning in order to bring it in conformity to the intention of the law maker, but that happens when the literal interpretation of the words used lead to some absurdity or result in some injustice, which in the opinion of the Court could not have been the intention of the said law maker.......otification is whether they are 'woven on circular knitting machines in the form of garments specified in the Schedule '.It is the 'form of garment' which appears to be the determining factor according to the specific terms of the Notification, and not the use to which the woven fabrics may......ellip;....Appellant. Vs. The Govt. of Bangladesh and others…………….....Respondents. Judgment, May 7, 1976. Cases Referred to: Hansraj Vs. H.H. Dave AIR 1970 SC 755 & Inland Revenue Commissioner Vs. Saxneo Lill......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)
....e has been directed to be removed, that he is not liable to be so removed according to law, it will be a mere travesty of law and clearly violative of the basic principle of equity and justice. If his right of representation in the said circumstance is not provided under a specific p...... to be in possession in exercise of a valid right, is not given an opportunity to re-present to the court, by whose order he has been directed to be removed, that he is not liable to be so removed according to law, it will be a mere travesty of law and clearly violative of the basic ......ndra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Nessa Bibi and others. ...Respondents Judgment July 3, 1975. Cases Referred to: Jogendra Chandra Sen Vs. Bibee Wasidunnessa Khatun 11 C.W.N. 856; Mohammad Baqar Vs. M...... 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. ......matter. The learÂned Additional District Judge thereafter proÂceeded to consider the evidence of P.W. 3, the Asst. Librarian of the Dacca University and P.W. 4, a member of the Town Committee, who, according to him, were competent and disinterested witnesses relied upon their eviÂdence to come to...... Hossain J Debesh Chandra Bhattacharya J Khondkar Mohiuddin…………...Appellant. Vs. Syed Moin Ahmed…………....Respondent Judgment August 13, 1976. Cases referred to: Mt. Durga Choudhurani Vs. Jawahri Singh Choudhurani, L.R. 17 I.A. 122, = I.L.R. 18 Cal. 23; ......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. ......to dedicate the properties to the Wakf had not been established and the wakfnama was never intended to be acted upon, and so mere execution of the Wakfnama did not create a Wakf. The suit was, accordingly, dismissed. 5. This dismissal of the suit has been upheld both in first ap......p;...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment December 4, 1975. Cases Referred to: Ayub Ali Vs. Amir Khan 43 C.W.N, 118; Yunus Mia Chowdhury Vs. Firoz Ahmed Choudhury (195......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)
....sult from adoption of the said interpretation. 21. According to section 94(d) of the Code the Court may, if it is so prescribed, appoint a receiver of any property in order to prevent the ends of justice from being defeated, and Order 40, rule 1(1) of the Code has prescribed that whenever it app......o the state of emergency in both the countries the said plaintiffs and defendants were not looking after their properÂties, that in the circumstances defendants-No. 6 and 7 were using the properties according to their will, availing themselves of the absence of the aforesaid plaintiffs and defendan......Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 1975. Result: The Appeal fails. Cases Referred to- Hajee Nurul Islam Chowdhury and others Vs. The Patya Tea Company Limited (1968) 20 DLR (Dac.......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. ...... 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. ......un & others………..Appellants.
Vs.
Haji Md. Ibrahim Meah and others......Respondents
Judgment
November 28, 1975.
Result:
The appeal is allowed in part.
Cases Referred to-
Rani Harshamukhi Kshitndra, 47 C.W.N. 662, Anup Mahto vs. Mita Dusadh, 38 C.W.N. 365 (P.C.), ...... 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. ......ladesh against the said order of the Election Tribunal but the learned Judges of the High Court DiviÂsion rejected the said application summarily being of the view that there having been no counting according to Rules, the result of the election must be held to have been materially affected thereby...... The Appeal is dismissed. Lawyers Involved: Shah Azizur Rahman with Latifur Rahman, Advocates, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Faqeer Shahabuddin Ahmad, Attorney-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellat......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. ......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. ......J. Bangladesh……Appellant. Vs. Mohd. Abdur Razzak and another………. Respondents Judgment Aug. 4, 1975. Cases referred to: Gajraj Sheokarandas Vs. Hukam Chand Sarupchand AIR 1939 Bombay 90; Province ......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)
....quashing of proÂceedings at so early stage gives an unfortunate impression of stifling of criminal prosecutions, by exercise of an extraordinary power which is given for the dispensation of complete justice, in the forms provided by law. It is necessary that this case should be examined further, to......tice is not interrupted. For reasons considered above we are of the view that the High Court has rightly refused to quash the proceeding in exercise of powers under section 561A. These appeals are accordingly dismissed. The records be sent down immediately for exÂpeditious disposal of the case. ........ Appellant (In Criminal ApÂpeal No. 29 of 1974). Vs. The State ………………...Respondent Judgment February 10, 1976. Result: The appeals are dismissed. Cases Referred to- Raja Huq Newaz V. Mohd. Afzal, 19 DLR (SC) 369; Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317......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)
....s-examination of the witnesses. In these circumstances we do not think that because of the general question put to the appellants while examined under section 342 any miscarriage or failure of justice has been caused and as such there arises no question of prejudice of the appellants in the ......ould be drawn to the evidence upon which the prosecution claims that the case is made out against him, so that he may give such explanation as he desires to give for consideration of the Court. He accordingly urged that failure to do so would vitiate the trial. Section 342, Cr.P.C. provides:&mda...... Judgment Jan. 14, 1976. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Rccord.—For the Appellants. Faqeer Shahabuddin Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. ......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. ......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. ......ttagong zone, Chittagong.............Appellant. Vs. M/s. Everett Orient Line Corporation and others........... Respondents Judgment Dec. 18, 1975. Cases Referred to: United Netherlands Navigation Co. Ltd. Vs. Commissioner of Income Tax, Dacca (1965) 17 ...... 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)
....ct, and therefore no quesÂtion 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. ......greement, all 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 part...... Hossain J D. C. Bhattacharya J Government of BangÂladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton...... 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)
....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. ...... circumstances. There is no language in the Constitution restricting the exercise of jurisdiction under Article 58 in any manner. It is for the Supreme Court to exercise its jurisdiction according to its own-discretion under Article 58. It is no doubt a well recognised practise of the ...... Income Tax, Dacca Zone........Appellant Vs. M/s. Gulistan Cinema Co...................Respondents Judgment 17th & 18th November, 1975. Cases Referred to: The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib ......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)
....ce has not been given to the other side, even in a suit for partition. But the trial of a suit or proceeding is subject to the well-recognised principle, which is calculated to advance the cause of justice, namely, that no court should pass a decree or make an order which is infructuous. A d......Procedure Code. 12. As we have already noticed, an objection on the question of defect of parties was taken in the petition of objection and certain names were mentioned therein who, according to the pre-emptee opposite party, were owners of contiguous lands and as such where nece&......…... Appellants Vs. Benodini Dasi, being dead her heirs Bepin Behari Das and others.........Respondents Judgment July 30, 1975. Cases Referred to: Syed Abdul Karim and others Vs. Harendra Chandra Dhupi and others, 14 D.L.R. 847; Jami......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
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