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Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
.... property. After so holding they concluded that the secular part will be distributed to the present beneficiaries of the wakf according to section 20(2) of the Act. This order is challenged by the Government. The question set out above is whether the High Court put a correct interpretation on th......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
..... P. C. He was of the opinion that since Bahauddin Ahmed was a public servant on duty and that the action he took was in discharge of his public duties, it was necessary to obtain sanction from the Government before he could be prosecuted. The complainant having failed to obtain any sanction from......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....le homicide not amounting to murder and was sentenced to five years rigorous imprisonment thereunder. Kishan Singh did not prefer any appeal in the High Court against his conviction. The Provincial Government did not also appeal under section 417 of the Code of Criminal Procedure but applied unde......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....filed a suit against (1)The Chairman, Narayanganj Municipality, (2) The Narayanganj Municipal Committee, (3) The Commissioner, Dacca Division and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) in the Fourth Court of the Munsif, Narayanganj for perm......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......er of requisition and acquisition made under the Town Improvement Act was impugned, and has ultimately held that this part of prayer having not been in accordance with the case made out in the body of the plaint can be ignored. 7. The new point as to the maintainability of the s..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....aterial to show the quantity and value of the closing stock, the profits or loss can easily be ascertained, and so, the absence of a regular stock register or a stock register kept according to the Government notification under the Textile" Control Regulations would not be sufficient ground to r......trary one, but it has to be formed judicially that is to say, there must be some material basis for such an opinion. It is now a well-established principle of law that if any person or administrative body is invested with a power to do an act which may affect certain individual or his rights such a ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
...., the managed company had several mills operating in India and also some immovable properties including certain godowns in the then Pakistan (now Bangladesh) most of which were requisitioned by the Government of Pakistan. 7. According to the Revenue the income in question arose out of the ......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... Reported in: 28 DLR (AD) 120. ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....xcise Rule end Procedure regarding clearance of stockinet’s on payment of duty. The appellant Company appears to have submitted an application to the Secretary, Central Board of Revenue, Government of Pakistan, on the 13th December, 1968 praying for exemption from the payment of duty o......ed to use words in their popular sense and the second rule is that if the statute is ore passed with reference to a particular trade, business or transaction, words are used therein which everybody conversant with that trade, business or transaction knows or understands to have a particular..Category: Business or Commercial Law | Date: | Hits: 109
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. ......rred by limitation and adverse possession and it also indicates that the suit was generally understood to be one under Article 144, rather than under Article 142. In any view of the matter, it was no body's case that anybody other than the plaintiff's predecessor, who was the rightful owner of the p..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
.... by this Court to the appellants to consider 3 points namely (i) whether further proceeding in the suit was barred under section 83(2) of the Code of Civil Procedure without permission of the Central Government (ii) whether the Deputy Commissioner had any legal authority to join himself in the suit ......e was managing the properties on behalf of the enemy aliens there would be, in such a case, a conflict between the provision of Section 83 of the Civil Procedure Code and the Emergency Legislations embodying Enemy Property (Custody and Registration) Order, 1965. It may be pointed out that the Emer..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....using to interfere with the judgment of an Election Tribunal which set aside the election of the appellant as Chairman of a Union Parishad and certain other persons, held under the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 and the rules framed thereunder. 2. An el......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. ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... Hossain, J.—Facts leading to the grant of Special leave to appeal are as follows: Respondent 1, Md. Abdur Razzak obtained a money decree against Respondent 2, Md. Belayet Ali Khan, a Government Contractor in O. C. suit No. 59 of 1962. During the pendency of the suit, Respondent No.......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. ..Category: Civil Law | Date: | Hits: 103
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....l be no order as to costs. Ed. ......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
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....pondent, Khadem Ali Meah centres round the land belonging to Nalini and his wife Sarala. 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......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)
....does not necessarily involve (iii) and never involves (iv)". 15. As early as 1952, Ibrahim, J. of the Dacca High Court, while considering the provisions of Section 18-C of the Bengal Local Self Government Act, 1885, had to consider whether a District Judge or Sub-Judge deciding election case......lection Tribunals exercised the powers of the Court. In giving a negative answer the learned Judge observed: "Exercise of judicial power of the State is the determining factor for investigating body with the character of a court and that a tribunal exercising a judicial power does not mean mer..Category: Trust/Waqf Law | Date: | Hits: 182
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. ...... was also arrested. They were then taken to Rajganj Rajakar camp and on the following day Akkas Ali Dafadar, under order of the petitioner, killed Anisur Rahman by a rifle shot. Thereafter his dead body was taken to his village home where he was buried; the defence was a plea of innocence. It was..Category: Criminal Law | Date: | Hits: 62
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ave 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 District Council a sum of Tk. 16,18,370/00 out of which S......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)
....ant and 5 other convicted accused filed an appeal to the High Court Division but before hearing of the appeal the 5 other convicts were 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 th......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)
....gainst the Chittaranjan Cotton Mills Limited, Martial Law Order No. 104 of 1960 was promulgated by the Zonal Martial Law Administrator of East Pakistan. Under this Marital Law Order, the Provincial Government was empowered to appoint an Administrator take over the management of the Company. But t......endering his deputationary functions; his duties are to be regarded those of a borrowed Government servant. It is immaterial so far as the borrowed officer is concerned, as to the body or authority he is rendering the service. The criterion is his duty and his capacity as a borr..Category: Employment/Service Law | Date: | Hits: 81
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