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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. ......he Appellant. S. M. Huq, Advocate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 7 of 1973 (From the Judgment and order dated 2. 5. 1969 passed by the High Court of East Pakistan in Civil Re-vision Case No. 101 of..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
.... is 10 evidence in question. We or the function of the trial Magisterial angrily it would not be open to a invoke the High Court’s inherent and of the evidence the accused, the accused would not be speaking that is the nature and inherent jurisdiction of the High Court section 561A in the matter o......our concern in this case and not the question of facts. Section 561A provides:— "Nothing in this Code shall be deemed to limit or effect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the ..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. ...... Ahmed, Attorney-General, instructed by A.M. Khan Chowdhury, Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1976 (From the Judgment and order dated 24-2-75 passed by the High Court Division in Criminal Appeal No. 330 of 197 3.) ..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. ......966-67, 1962-63 and 1963-64 and in so doing he disallowed the claim for initial depreciation of their new ships used by them in respective years of assessment. 4. Against the said orders, the assessees preferred direct appeals to the Income Tax Appellate Tribunal, Dacca Bench. T..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. ...... (From the Judgment and Order dated 9.7.70 passed by the Dacca High Court in Civil Rule No. 1739 of 1969). Judgment: D.C. Bhattacharya, J.—This appeal by special leave is against an order of a Division Bench, of the Dacca High Court refusing to interfere in exercise of its revision..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. ......Act. The Tribunal also observed that this deduction would be allowable under section 10(2) (xvi) of the Act. 4. The Commissioner of Income-Tax, was however, dissatisfied with the order of the Tribunal and prayed for a reference to the High Court Dacca but prayer was rejected b..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. ......he 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 order allowing pre-emption ..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. ......ddin Hossain, J. - This appeal is by special leave obtained by the appellant against the decision of the High Court Division dismissing the writ petition. The writ petition was directed against an order of the election Tribunal 1, Bagerhat, in Election Tribunal case no. 22 of 1974 wherein the el..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. ......refused and the appeal dismissed. 4. The plaintiff moved the Appellate Division and obtained leave on two points the High Court was in error in refusing the prayer of amendment of the plaint, in order to remove the bar of section 42 of the Specific Relief Act; the second is that, the High Court..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.......Appeal No. 27 of 1975. (On appeal from the judgment and Order dated July 1, 1969 of the High Court of East Pakistan) Judgment Fazle Munim J.- This appeal arises against the judgment and order of a Division Bench of the High Court of East Pakistan Dacca as it then was, which was passed ..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. ......Ahmed Sobhan, Senior Advocate, M.A. Rouf, Advocate with him, instructed by S.M. Huq, Advocate-on-Record-For the Respondent No. 7. Civil Appeal No. 20D of 1969. (On appeal from the Judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 22nd June, 1966, in First Appeal..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. ...... the High Court Division in Civil Order No.1021 of 1975) Judgment: D. C. Bhattachaya J: This appeal by special leave is directed against an order of a Bench of the High Court Division, dismissing summarily an application filed by the appel..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. ...... 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 January, 1977 passed by the High Court of Bangladesh in Writ Petition No. 355 ..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. ...... Judgment: K.Hossain J: This appeal is on leave granted from a decision of a Beach of the Dacca High Court, in a writ petition affirming the order of the Administrator of Wakfs, removing the appellant from the office of mutwalli. Facts are ..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. ......ts. A. T. M. Kamrul Islam, Advocate, Supreme Court—U/o. XXIII, Rule 1, Supreme Court Rules. Criminal Appeal No 18-D of 1970. (On appeal from the judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 4th and 6th November, 1968 in D..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. ......d by Abu Bakkar, Advocate on-Record.—For Petitioner. Not Represented—Respondent. Petition for special leave to Appeal No. 22 of 1976. (From the judgment and order dated 4.9.1975 passed by the High Court Division in Criminal Appeal No. 150 of 1973.) ..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. ......n-Record—For the Petitioner. B, Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Special leave to appeal No. 153 of 1977. ( From the judgment and order dated the 9th November,1976 passed by the High Court of Bangladesh in Civil Revision No. 1458..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. ......to simple imprisonment for one year more. His appeal against his conviction and sentence was dismissed by the High Court; He now seeks special leave to appeal from the aforesaid judgement and order of the High Court affirming those of the special Judge. 2. The prosecution case was th..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. ......he judgment and Order dated 11-7-74 passed by the High Court Division in Criminal Appeal No.6 of 1973) Judgment Ahsanuddin Choudhury J.- This appeal by special leave is from the judgment and order of the High Court Division affirming the order of conviction and sentence passed under section..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. ......dur Rab-I, Advocate-on- Record—For the Respondent No. 1. S. M. Huq, Advocate-on-Record-For the Respondent No. 2. Criminal Appeal No 8 of the 1976. From the judgment and order dated the 3rd July, 1972, passed by the Dacca High Court in Criminal Reference No. 95 of 197..Category: Employment/Service Law | Date: | Hits: 81
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