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Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)

....th the appeals). B. Hossain, Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 28 & 29 of 1974. (From the Judgment & Order date 4-8-72 passed by the High Court Division In Cri­minal Revision No. 360 of 1969). Judgment Ahsanuddin Chowdhury, J.......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for ex­peditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..

Category: Anti-Corruption Laws | Date: | Hits: 225

Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)

....ed 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.) Judgment: Ahsanuddin ......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)

....amp; 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 under section 66(2) of the Income-tax Act. As......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Government of Bang­ladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)

....dur Rahman Khan, Advocate, ins­tructed by Md. Nurul, Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No. 10 of 1972. (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 ......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. ..

Category: Alternative Dispute Resolution | Date: | Hits: 258

The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cine­ma Co., 1976, 5 CLC (AD)

....in, Advocate instructed by Mr. M. R. Khan, Advocate-on Record—For the Respondent. (Civil Appeal No. 14 of 1974) (From the Judgment and Order dated 7. 2. 68 passed by the Dacca High Court in Reference Case No. 3 of 1967). Judgment:      ......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)

....ick, Advocate-on-Record—For theAppellant Ex-parte— the Respondents. Civil Appeal No. 22 of 1974. (From the Judgment and Order dated 28-1-69 passed by the Dacca High Court in Civil Revi­sion No. 818 of 1962). Judgment:    &nb......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)

....sp;               Kemaluddin 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 ...... 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)

....zlul Karim, Advocate instructed by A, W. Mian, Advocate-on-Record—For the Respondent. Civil Appeal No. 26 of 1975. (From the 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......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. ..

Category: Property Law | Date: | Hits: 82

Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)

....cted by Abu Backkar, Advocate-on-Record—For Respondent No. 1. Respondent No. 2.—Ex parte. Civil 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 judgm...... 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)

....vocate, 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 No. 2 of 1950). Jud......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)

....d by S. M. Huq, Advocate-on-Record—For   the Appellant. Respondent-Ex parte. Civil Appeal No.5 of 1976 (From the Judgment and Order dated 14-7-75 passed by the High Court Division in Civil Order No.1021 of 1975) Judgment:    &nbs...... 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)

....ioner. 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 of 1975) Judgment:   &nb......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)

....d—For Respon­dent No. 2. Respondent No. 1-3-7.   Ex-parte. Civil Appeal No. 30 of 1976. (From the Judgment and Order dated the 27th July, 1971 passed by the High Court, Dacca in Writ Petition No.60 of 1969 Judgment:      ......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)

....rul 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 Death Reference case No......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)

....d.—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.) Judgment:    ...... 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)

....ain, 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 of 1970)  Judgment:  &......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)

....ner. Not represented— For the Respondents. Criminal Petition for Special leave to Appeal No.5 of 1977 (From the Judgment and Order dated 27 th August, 1976 passed by the High Court in Criminal Appeal No.3 of 1969) Judgment:       ......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)

....nt At­torney General instructed by Mr. Abdur Rab-1. Advocate-on-Record—For the Respondent. Criminal Appeal No. 1 of 1977. (On appeal from the 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......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)

....ent 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 1971  Judgment    &nb...... 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. ..

Category: Employment/Service Law | Date: | Hits: 81

Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)

....bu Backkar. Advocate-on-Record. —For the Respondent No. 1. Ex-parte—Respondents Nos. 2-3. Civil Appeal No. 1-D of 1969. (From the judgment and order dated 9.2.67 passed by the erstwhile High Court of East Pakistan in Appeal from Original Decree No. 132 of 1959). Judgment Ahsanu......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