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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. ......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. ......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. ...... were the owners of the contiguous lands and whether the application was barred by limitation. On both the points stated above, the learned Munsif found, on a consideration of the evidence on record, in favour of the appellants and allowed their application for pre-emption. On the question ......-sharer tenants or-holders of contiguous lands shall have to apply within the period referred to in sub-section (1) i.e., 4 months from the date of knowledge, or within 2 months of the date of the service of the notice of the application, whichever is earlier, and such of the persons as hav..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
....at quite a large number of invalid votes were cast in favour of the appellant. 8. The learned Attorney General referring to Rule Nos. 40, 42, 44 and 81 submits, ballot papers are, no doubt, good pieces of evidence in an election dispute and the tribunal is to proceed on the presumpti......The appellant moved the High Court Division for the issue of a mandate in the nature of certiorari, but was unsuccessful. The High Court Division did not find any error apparent on the face of the record calling for interference. The appellant thereupon obtained special leave from this division ...... 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)
....e of notice under section 7 of the Act had failed, and thereafter service of notice under rule 46 read with rule 6(b) was resorted to. The Courts below were in error in not regarding the service as good service under section 7 of the Act. The learned Judges of the Dacca High Court, upon the facts ...... when plaintiff who had mutated his name in the Government Acquired Estate, found that the defendant on the basis of an ex-parte decree in Title Suit No, 730/62, had got his name entered in the record of rights. Defendant got the ex-parte decree, as his name was omitted from the record of righ...... did not acquire a valid title in the certificate sale, and the other was that he was not in possession of the property. 2. The trial court held against the plaintiff in that there was no proper service of certificate of notice under section 7 of the Public Demands Recovery Act, and as such t..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....Wakf, appointed himself the first Mutwalli and on his death his full brother's son Md. Amir Ali was to be appointed the next Mutwalli, and after him the eldest amongst his sons, if religious and of good character, would become the Mutwalli. After the death of the said wakf, Amir Ali Mia became the...... Khurshed Alam, had also sent one application by post to the Commissioner of Wakf to enroll him as the Mutwalli of the said Wakf Estate claiming to be eldest son of Amir Ali Mia, the previous recorded Mutwalli. On May 3, 1967 the Commissioner of Wakfs rejected his prayer for appointment as...... 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...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. ......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. ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....which is likely to affect a valuable right of a person acquired under the law of the country, must be exercised judicially and for the said purpose, the Court must be satisfied that there are very good reasons for withholding from the holder of the decree the fruits thereof, even though for a te...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 61
Bikash Ranjan Das Vs. The Chairman, Second Labour Court, Dacca and others, 1977, 6 CLC (AD)
.... if from that statement a conclusion could be drawn by the domestic 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. ..............Respondents Judgment June 14, 1977. Lawyers Involved: B.N. Chowdhury, Advocate, with Md. Ismail Khan, Advocate, instructed by S. M. Huq Advocate-on-record—For the petitioner. Not represented—Respondents. Civil Petition f......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. ......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. ..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. ......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. ..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. ...... 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. ...... 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. ..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. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 44
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....y;dent act or at the instance of the Contractor. Mr. Ali, therefore, tried to impress upon us that all that have been alleged against the petitioner can reasonably be explained away as acts done in good faith for successful execution of the work in the ultimate interest of the District Council a......s way, as alleged by the prosecution, to obtain pecuniary advantage for the Contractor Mansur Ali by giving him advances in quick succession It was, therefore, urged that there was nothing on record to show that whatever was done by the petitioner was not done with the primary object of suc......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. ..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. ......Deputy Attorney General that after all the existence of a common intention said to have been shared by the accused appellant is a question of fact. From the facts and circumstances appearing on the record of the case the conclusion drawn by the High Court Division cannot be said to be improper a......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. ..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. ......deputation shall be in the cadre in which he was included in a substantive or officiating capacity, and may be given substantive or officiating promotion as the authority may decide. It is on record that the appellant allowance at the rate of 20% of his grade pay and medical facility as per......ispute may be set out, so that question of law can be appreciated in its true perspective. The appellant, an Assistant Registrar of the Co-operative Societies, is a Government servant, and his service was placed at the disposal of the company on foreign service basis. The Government's order ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
.... L. D. Seymore & Co. (Pak) Ltd. was requested by the appellant who was at the relevant time carrying on business under the name and style Rahim Afroze & Co. to import two consignments of cotton piece goods from Singapore. Accordingly the respondent who were acting as agent of Messrs Choonilal & Co. ......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 86
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ..Category: Criminal Law | Date: | Hits: 70
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. ......rt for setting aside a sale held by it is a kind of summary proceeding in which the question as to fraud or regularity in respect of the processes of the said Court are determined on the basis of the records of the execution case and the evidence that may be produced relating to the processes herein......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. ..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. ......puted by the Government, rather it was admitted and material point for decision was whether the respondent-company was an unauthorised occupant. The learned Judges referred to a number of papers on record including the certificate of incorporation of the Company and the various correspondences b......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. ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
...."Subordinate Courts should, save for special reason, employ the ordinary method of letter of request to the foreign Court in all cases (save in the case of United States) but if there be good reason for preferring the appointment of a Commissioner and the country in question ......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. ......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. ..Category: Civil Law | Date: | Hits: 108
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