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Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......the district of Jessore and the appellant contested the said election for the office of Chairman of the said Union Parishad, which was held on 21. 12. 73. The appellant having secured the highest number of votes was declared elected as Chairman of the said Union Parishad and his name was duly pu..Category: Election Law | Date: | Hits: 122
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. ......ng the claim of decree-holder before the said amount becomes refundable to the depositor. 6. Mr. Mahmudul Islam for the Appellant and Mr. S. M. Huq for the Respondent have both cited a number of authorities in their support, in addition to what have been referred to by the High Court..Category: Civil Law | Date: | Hits: 103
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. ......far as it hold that S. 66A (2) is not available for grant of certificate of fitness for appeal to the Supreme Court. 16. We now take the contentions of Mr. Hossain He has referred to a number of decisions to say, that judgment given by the High Court under section 66 of the Income-T..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. ......guous lands." 15. The view which has been expressed in the aforesaid decision to the effect that Order 1, rule 9 of the Code does not apply if the cause of action arises against a number of persons jointly and that in the case of pre-emption under section 96 of the Act the cause..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. ......election Tribunal to deal with the problem in such circumstances. 5. Record shows that the Tribunal called for all ballot papers. Some ballot papers in very bad package arrived, but a large number was missing 97 ballot papers for the appellant and 826 for the respondent Nani Chandra. It a..Category: Others | Date: | Hits: 101
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....... Section 115 of the Code of Civil Procedure. In deciding the District Judge or a Subordinate Judge whose decision was made final was a Court subordinate to the High Court the learned Judge reviewed a number of decisions of the different superior Courts in the Indian subcontinent which need not be ..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. ......y profitably reproduce them here for the similar purpose. The material portions of those findings are as follows:— "The suit on the Kot-mortgage for redemption was resisted on a considerable number of grounds in the written statement, but at a later stage, it was submitted on behalf of ..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. ...... away Dr. Salam from the mosque having gagged his mouth with a 'gamcha'. Dr. Salam was taken towards the river ghat to the south of the mosque and was murdered there. P. W. Sachindra called a number of persons and while they were proceeding towards the river ghat they met P. Ws. Esaruddin a..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. ......ges. The learned Judge of the High Court having considered the provisions of section 235 of the Code of Criminal Procedure held that an accused might be charged with and tried at one trial for any number of offences alleged to have been committed in one series of acts so connected together as to..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. ......of time. A pre-concert in the sense of distinct previous plan is not also necessary to be proved. The common intention to bring about a particular result may well develop on the spot as between a number of persons. All that is necessary is either to have direct proof of prior concert or proof ..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. ......ecial Judge, and so the magistrate could not take cognizance of that offence. He commanded for quashing the proceedings. The learned Judge of the High Court referring to a large number of decisions, took the view that, when appellant was discharging his duti..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....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. ......of the umpire made beyond one month from the latest date of the appointment of the arbitrators was illegal in view of para 2 of the First Schedule to the Arbitration Act when reference was to an even number of arbitrators and whether the award made by the said umpire was wholly without jurisdiction ..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. ......it of Certiorari in view of the fact that the Special Tribunal as well as the Appellate Tribunal found the occurrence to be true. 6. Section 134 of the Evidence Act provides that no particular number of witnesses should in any case be required for the proof of any fact. The consensus of judic..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. ...... was taken by Respondent No. 1 in due course on the 18th September, 1960. 3. On the 8th September, 1964 i.e., after more than 4 years from the sale the petitioners who are four in number, claiming themselves to be share-holders of the respondent company, filed an application un..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. ......Company was not disputed by the Government, rather it was admitted and material point for decision was whether the respondent-company was an unauthorised occupant. The learned Judges referred to a number of papers on record including the certificate of incorporation of the Company and the variou..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. ...... a reciprocal arrangement. Rule 298 and other Rules of Civil Rules and Orders have been framed, we have observed, for the practical guidance of the subordinate having regard to the preferences of a number of foreign countries. The Court shall have to exercise its discretion in issuing or in refu..Category: Civil Law | Date: | Hits: 108
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. ......rned Counsel. There is, no doubt, some reference to certain structures in the description of the holding as given in the decree in question but the description is also with reference to survey number and municipal holding numbers. A decree for ejectment in respect of a tenanted holding c..Category: Tenancy Law | Date: | Hits: 89
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ....... The Commissioner may, if he deems it necessary, fix normal spirit strength and allowable margins for the preparations. 15. (1) Distillation shall be so conducted that distillates from a complete number of fermenting vessels may be collected in a receiver at a strength of about 42 per cent proof..Category: Fiscal/Taxation Law | Date: | Hits: 137
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ....... 2 which also appeared contending, inter alia, that the Union entered into a bonafide and lawful agreement with the Company, having had regard to the good of the maximum number of the employees, that when the Flat clerks whose services were abs..Category: Labour and Industrial Law | Date: | Hits: 138
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. ......t have been in the Notification as issued on the 30th January, 1958 has been cured and perfected by the validation provision contained in the amending East Pakistan Act V of 1967. 8. A number of decisions have been cited and references to various authorities have been made at the bar..Category: Fiscal/Taxation Law | Date: | Hits: 244