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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. ......High Court directed the Tribunal to refer the following question for answer by the High Court and it was so done — "Whether on the facts and in the circumstances of the case, the Appellate Tribunal-was right in the conclusion reached by it that the expenditure of Rs...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. ......miyat Ali Vs. Mrs. Chemon Ara Begum and others, 20 D.L.R. (Dacca) 480; Mohammad Hossain Khan and others Vs. Babu Kishva Nandan Shanai L.R. 64 I.A. page 250 = A.I.R. 1937 P.C. 233 (same case) 41 C.W.N. 1029. Lawyers Involved: T. H. Khan, Senior Advocate, with A. K. M...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. ......he 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 election of the appellant as the chairman of Chingrakhali Union Pa..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. ....... They left the country for West Bengal in 1962. Their rayati holding fell in arrears of rent which prompted the Government Acquired Estate to start four certificate proceedings. They are certificate case Nos. 138/1961-62. 185/1961/62, 187/1961-62 and 1970/1962-63. The holding comprising 1.73 acres ..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....... or should be viewed as such, or he was a mere 'persona designate’ is a question which being undoubtedly of considerable importance has been considered many a time by various Courts. In the former case, his Court being subordinate to the High Court was amenable, to its jurisdiction exercisable un..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. ......4 filed under rules 7 and 9 of Order XXXIV of the Code of Civil Procedure, a suit being O/S No. 49 of 1945 in the Second Court of Subordinate Judge, Chittagong for redemption of a kot-mortgage. Their case was that Mohammad Ashraf Chowdhury, their predecessor-in-interest had executed on 37th of Asw..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. ......ing being Miscellaneous Case No. 237 of 1970 under Order 41 rule 19 of the Code for the restoration of his Miscellaneous Appeal, which was earlier dismissed for default, but the said Miscellaneous case also was dismissed for default on 36-6-71. The said Miscellaneous Case was, however, subsequen..Category: Property Law | Date: | Hits: 61
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. ...... under sub-section (1) of section 32, is to be a judicial order and so the tribunal, has to follow a procedure which allows the contending parties opportunities to call evidence in support of their cases. The tribunal will base its decision on some evidence. When the Administrator is clothed wit..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. ....... 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.8 of 1968 with Criminal Appeal No. 288 of 1968. Judgment: &..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. ......desh Collaborators (Special Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under section 30.3/109 B.P.C. read with Article II(a) of the aforesaid order. 2. The prosecution case against them was that as Rajakars they collaborated with Pak Army and on 1st of Kartick, 1378 ..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. ......8-1-67, and the application for pre-emption was made on 15-4-68, and the respondent claimed, that he got knowledge of the sale on 15-3-68. The trial court on consideration of evidence believed the case of the respondent, and allowed the application for pre-emption. On appeal the finding was..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. ......ntence 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 that for the works programme of the year 1964-65 the Government sanctioned for the Pabna ..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. ......ere released in pursuance of an order of clemency passed by the Government; while the order of conviction and sentence passed against the appellant was upheld by the High Court Division. 4. The case of the prosecution briefly stated was that Abdul Jabbar Dewan along with his wife, children a..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. ......forgery and fraud. The Sub-Divisional Magistrate summoned the appellant under sections 420/511 and 464 of the Penal Code, and he surrendered to the court and obtained bail on 13-2-71, and the case was then transferred to a Magistrate, 1st Class for disposal. The appellant then filed an ap&s..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....stion was raised either before the court of first instance or before the High Court, nevertheless the leave was granted to examine this question since this is a pure question of law and goes to the root of the jurisdiction of the umpire. Mr. Pal pointed out that the latest date of the appointmen......without jurisdiction and as such void. Reliance was placed on 85 C. L. J. 232, A.I.R. 1951 Allahabad 474 A.I.R. 1954 Nagpur 236, and A.I.R. 1959 Bom. 39 and A I.R. 1963 Allahabad 23. In the first case under reference, namely Harack Chand Damni Vs. Ramsarup Lakkar (85 C.L.J. 232) the contract bet..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. ...... and order were passed without lawful authority and as such were of no legal effect inasmuch as, the said judgment orders were passed on evidence. The Court Division, however, found that it was not a case of no evidence but it was a case insufficient evidence and that conviction passed on insufficie..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. ......r, 11 DLR (1959) (SC) 430—PLD 1959 S.C. 219; Punjab M cream He Bank Ltd. Vs. SardarKishan Singh, AIR 1963 Pun. 230; Income Tax, AIR 1955 S.C. 74 ; Shyamlal Vs Jagannath, AIR 1969 Cal 424; Fhtcrotts case (1883) 21 Ch. 519 (CA.); Abdur Rahim Vs. Syed Abu Md. Bark at AH LR55 IA 96—32 CWN 482-AIR 19..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. ......including those of the land. The dispute, if at all, is a fine question of law, as to whether the conversion of a proprietorship concern into a private limited company, is a case of succession or a transfer of the title. No doubt this is a question of title, a..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....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. ...... should be reconsidered. It appears that this application was considered by a different Subordinate Judge, who, being of the view, relying upon the decision of the Supreme Court of Pakistan in the case of the Hanover Fire Insurance Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......quently exercised his jurisdiction wrongly. 3. Mr. Ahmad Sobhan challenging the order of the High Court has, first, submitted that the learned Judges of the High Court following Noman's case, 16 DLR 537, ought to have held, that the Corporation, a nationalised organisation, could not..Category: Procedural Law | Date: | Hits: 107
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