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The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....Act is of advisory nature, and as such, it is not a judgment within the meaning of Article 58, and so no leave could be granted upon such judgment. He has mostly relied on the decision of the Privy Council in the case of Tata Iron Steel Co. Ltd., Vs. Chief Revenue Authority, Bombay, 50 Indian App......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)
....g the said .provision is of general application and is not to be confined to suits only but is, in our opinion, applicable to the present proceedings also. The Judicial Committee or the Privy Council has applied the said principle to a proceeding before the said Committee to which the ......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
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ial authority. We find the submission of Mr. Nurullah is well founded. The Supreme Court of Pakistan, in the cited decision has repeated the principle laid down by the Judicial Committee of the Privy Council. It is the consistent view of judicial authorities that amendments of the pleadings are allo......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)
....e, with reference to the legitimacy of the child's birth, is a matter of uncertainty." 36. The learned Judge of the High Court also referred to the case decided by Judicial Committee of the Privy Council, namely, Saddique Hussain Khan vs. Hashim AH Khan, 43 IA 212, wherein it was held that an ac...... 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
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....pondents of the charge under section 302/34, Penal Code; in Sessions Trial No. IV of 1968 (January) of the Sessions Division, Rajshahi. 2. The prosecution case was that over Dayarompur Union Council affairs there were trouble and bitter feelings between Dr. Abdus Salam (deceased) on one ha......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
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....er 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 District Council a sum of Tk. 16,18,370/00 out of which Sadar Sub-Division of Pabna got Tk. 7,00,000/-. To u......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
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....on of the said provision from time to time. The relevancy of such legislative changes to the interpretation of a certain statutory provision was emphasised by the Judicial Committee, of the Privy Council in the case of Abdur Rahim and others Vs. Syed Abu Barkat Ali and others, L.R. 55 LA. 96: 32......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
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
.... 6. Mr. Sobhan has next argued that the learned judges had under section 115 C.P.C., no jurisdiction to interfere with the concurrent findings of the courts below, and has cited some Privy Council decisions. The enunciation of law by the Privy Council on the subject is now well settled. ......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. ..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
.... Emratannissa (1970) 22 DLR 126 ; PLD 1957 Dacca 372; A. Motaleb vs. Mst. Rezia 22 DLR (SC) 134; Ellis & Sons vs. Sisman, 1948(1) All, E.R. 461 and Eastend Dwellings Co. Ltd. vs. Finsbury Borough Council 1951(1) All E.R, 587. Lawyers Involved: M, H. Khandker, Senior Advocate — For the Pe......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....rust, and as such she must have incurred the forfeiture of her estate. The majority of the Full Bench did not accept the view of Mr. Justice Mitter, nor did the Judicial Committee of the Privy Council sitting in appeal over the said decision of the Full Bench see eye to eye with him in regar......nbsp; ..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ......pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ..Category: Others | Date: | Hits: 141
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....hat the properties of the appellants which have been sought to be taxed under the provisions of the said Act having been situated in the village Sholashahar which was being administered by a Union Council the impugned Notification by which the said Act was purported to have been extended to the ......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... the grant of interlocutory injunction, the substance of both being the same. The Respondents denied the existence of the wakf hat. It was further urged that on the prayer of the Tarabo Union Council, Noapara hat was allowed to sit for a short period, and the permissive period expired on 1...... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Regional Hospital Board and another (1958) 1 All ER 322; Francis vs. Municipal Councillor of Kualalampur (1962) 3 All ER (PC) 633; Vidyodaya University of Ceylon and others Vs. Si......r Weaving Factory The noting (2 bales may be allotted') of Mr. Choudhury, does not appear to be regular, since he is not authorised to take any action on the letter of the party addressed Narsingdi Centre, thus Mr. Choudhury has not maintained, office decorum. (ii) Case of Mr. Ali Akbar: Thi..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....ll established that a right of appeal is a substantive right which can be created by an express provision of a statute and cannot be deduced inferentially. The Judicial Committee of the Privy Council had to consider a similar question in the case of Rangoon Botatoung Company Ltd. Vs. The Co......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... even in the absence of any charge under section 364 framed against the appellants. 17. The learned Attorney General next-referred to the decision of the Judicial Committee tee of the Privy Council in the case of Begu and others Vs. the King Emperor reported in A.I.R. 1925, 130 in support...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ...... Returning Officer, declaring the appellant (respondent No. 8 in the writ petition) elected Chairman, stating, inter alia, that election of No.3, Citholia Union Parishad was held peacefully in all Centres on 1-12-1997 except in the centre in Aloka Government Primary School Centre in Ward No.7 wh..Category: Election Law | Date: | Hits: 124
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
.... High Court Division was wrong in refusing the prayer for review of its judgment passed in FA No. 366 of 1995. 7. In Kessewji Issur vs. GIP Ry. Company, 34 IA 115 (PC) their Lordships of the Privy Council said: “Now the Civil Procedure Code permits such applications for review on the ground ......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...Category: Property Law | Date: | Hits: 107
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ..Category: Election Law | Date: | Hits: 144