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Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......on of the evidence on record, however; gross it may be. This view of law as to the jurisdiction of the High Court as the Second appellate Court was enunciated by the Judicial Committee of the Privy Council as early as in 1890, while construing the analogous provisions of the Code of Civil Pr..Category: Tenancy Law | Date: | Hits: 68
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. ......nce of East Bengal Vs. Banamali Sen, another Division Bench of the Calcutta High Court took the same view, that the security, deposited by a party for satisfaction of cost of appeal to Privy Council, is liable to attachment, in as much as, the depositor retains a residuary power over the ..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....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. ......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
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. ......counting year 1965 i.e., 1965-66 in C.A. Appeal No. 15 corresponding to assessment year 1966-67. 12. Before dealing with the applicability of the amendment the authority of the Privy Council on the operation of the Income Tax Act and the Finance Act as propounded in Maharajah of Pi..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
.... Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, reported in (1835-42) All England Reporter 71; Hriday Nath Roy Vs. Ram Chandra Barma Sarma, I.L.R. 48 Calcutta 138; Ashutosh Sikdar Vs. Behari Lal Kirtania, ILR 35 Cal. 61; Viswas......n J D. C. Bhattacharya J Government of Bangladesh & ors........Appellant Vs. M/s. Samir & Co…………..Respondent Judgment November 20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, repor..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 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..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)
....the application for pre-emption filed by the appellants before us. 2. The appellants initiated the proceeding for pre-emption by filing an application on 2-6-59 in the 6th Court of Munsif, Barisal on the allegations that Binodini Das, the predecessor of the respondent, purchased C. S. Pl......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 ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... of the code of Civil Procedure in conducting the trial. On a notice from the Division, the learned Attorney-General has appeared and we had had the advantage of hearing learned arguments from the Bar. Mr. Karim for the appellant at the time of hearing has abandoned the third question, n...... 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)
....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. ......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..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.......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..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. ..Category: Property Law | Date: | Hits: 64
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. ......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..Category: Criminal Law | Date: | Hits: 80
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. ......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..Category: Criminal Law | Date: | Hits: 69
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....am 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 1928 ' P.C 16— ILR Cal. 519 ; Asmatunnessa Begum Vs. Ash-ru......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..Category: Property Law | Date: | Hits: 118
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. ...... 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. ..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....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. ...... 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..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....radesh 429; Mst. Manabai vs. MST Chandan Bai, AIR 1954 Nag. 284, Hira Dei vs. Badhu Sahu, AIR 1954 Orissa 172; Basappad vs. Parwatamma. AIR 1952 Hyd. 99: Saudamrai Roy MalakaV Vs. Narendra Chandra Barman, (1952) 4 DLR 492; Rabia Kharun Vs. Mahendra Chandra Mondal (1960) U DLR 634 ; Debt Prasad C......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..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....ition by means of which alone the validity of an election to a particular office may be challenged can be made only by a candidate at such election. Much argument has been advanced at the Bar on the expression "the election as a whole is void” as occurs in clause (b) of rule ......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)
....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. ......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 ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... 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. ...... 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..Category: Civil Law | Date: | Hits: 106
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