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Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......p;.Respondents Judgment June 2, 1976. Lawyers Involved: Mustafa Kamal, Advocate, instructed by S, S. Hoda, Advocate-on-Record&mdas..Category: Others | Date: | Hits: 157
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....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. ......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. ......atajagdobey Vs. H. C. Bhari, P.L.D. 1957 (S.C.) (India) 160; Syed Ahmad Vs. The State, 1958, 10 D. L. R. (S. C.) 12 PLD 1958 (S.C.) 27; Baijnath Vs. State of M.P. in A.I.R. 1966, 220. Lawyers Involved: Amirul Huq, Advocate-on-Record—For the Appellant. A. T. M. Af..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....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. ......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. ...... Shera Vs. The Crown (6 D.L.R. (F.C.) 80), State of Andh. Pra. Vs. T. Narayana (AIR 1962) SC. 240, Lakhan Mahto Vs. State of Bihar (AIR 1966, SC. 1742); Shera Vs. The Crown (6 BLR (FC) 80). Lawyers Involved: S.R, Pal, Senior Advocate, Supreme Court, instructed by Mohd. A. Aziz, Adv..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....ence there is no force in the contention that the appellant could not be convicted as an abettor when the principal contemner had been acquitted. 15. It is to be noted that it is an established principle that no one should bring the court to disrespect or minimise its authority by either direc......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: ...... Appellant And Md. Khurshed Alam Khan………….Appellant Vs. Mainuddin Ahmed and another……..Respondent Judgment April 27, 1976. Result: The appeal is dismissed. Lawyers Involved: K. A. Bakr, Advocate, instructed by A. M. Khan Chowdhury, Advocate-on-Recordâ€..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ...... 146); Empress of India Vs. Ajudhia (2 Allahabad (644), In re-Natesa Mudaliar, A.I.R. 1945 Madras, 330. Sital Vs. Emperor AIR 1942 Oudh. 214. Reg. Vs. Tukay Bin Tamana, I.L.R. 1 Bombay 214. Lawyers Involved: Md. Behatar Ali, Advocate-on-Record—For the Appellant. M..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....ertain administrative acts or legislative measures interfering with a civil right of a person, as is initiated on a Writ Petition, is undoubtedly a civil proceeding of original nature and the broad principles of judicial procedure underlying the provisions of the Code as contained in the various ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......nanda………..….Appellant. Vs. Deputy Commissioner, Khulna and others…………..Respondents. Judgment, Dec 9, 1975. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record&mdas..Category: Procedural Law | Date: | Hits: 89
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. ...... 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. ......ia Vs. Mask & Co. L. B. 67 I. A. 222 = A.I.R. 1940 P.C 105; Abdul Rouf and others Vs. Abdul Hamid Khan in 16 D.L.R. (S.C.) 515; Phool Chand Vs. Gopal Lal, reported in A.I.R. 1967, 1470; Lawyers Involved: Shamsul Huq Chowdhury, Advocate, instructed by Mr. A. Rab-H, Advocate..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....rt of the proviso, cannot be a mere subjective or arbitrary 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 whi......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......= 160(2) Taxation 130; Pandit Brothers Vs. Commissioner of Income-Tax, AIR 1955 PunÂjab 42 = 1954 (26) ITR 159; Ghanshyamdas Farmanand Vs. Commissioner of Income-tax (1952-21 ITR 79 at page 81). Lawyers Involved: A.W. Chowdhury, Senior Advocate, instructed by A. M. Khan Chowdhury, Advocate-..Category: Fiscal/Taxation Law | Date: | Hits: 164
....nd gains of the business
attributable to the operations in Pakistan were assessable in Pakistan under
sub-section (3) of section 42 of the Income-tax Act. The Supreme Court of
Pakistan applied the principle laid down in the case of Messrs Octavious Steel
Company Ltd. in deciding that case and in......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.
......er of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD
160 SC 371; McNeill and Barry Ltd. Vs. Commissioner of Income-tax, East
Pakistan reported in 21 DLR (SC) 200 same case PLD 1969 SC 527.
Lawyers Involved:
M. Hafizullah,
Advocate, instructed by A. Rab-H, Advocate-on-Record—..
Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....er section 379 of the Penal Code. This Division, on a close examination of the question as regards the bona fide claim of right of the accused-petitioners, found against them. It was held that the principle of a bona fide claim of right as a proper defence to the charge under section 379 of the ......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......im, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April 6, 1976. Lawyers Involved: Shaukat Alt Khan, Advocate, with A. Basel Majumdar, Advocate, instructed b..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....this part of its finding. 12. We can now turn to the third question as to whether prior show cause notice is neceÂssary before the opinion of the Government is formed. It is to be remembered that principles of natural justice is not attracted for preliÂminary determination. A glance at differen......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. ......charya J Government of Bangladesh......Appellant. Vs. Messrs A. T. J. Industries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, Assistant Attor..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of BanglaÂdesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......ers, Sons & Maxim Ltd. Vs. Evans (1910) A.C. 444 of page 445; Messers Usmania Glass Sheet Factory Limited Vs. Sales T s Officer, Chittagong (1970) 22 DLR (SC) 43T— PLD 1971 SC 205. Lawyers Involved: M. Habibur Rahman, Advocate, instructed by A. Bakkar, Advocate-on-Record&m..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....e court, by whose order he has been directed to be removed, that he is not liable to be so removed according to law, it will be a mere travesty of law and clearly violative of the basic principle of equity and justice. If his right of representation in the said circumstance is not pr......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ...... Singh Hazari Vs. Juman Meah,13 D.L.R. 105; Ankala Venkata Reddy Vs. Manchala Venkata Reddy (A.I.R. 1915 Madras 1222; Dharani Dhar Ghose Vs. Phanibhusan Mukherjee 50 C.W.N. 837. Lawyers Involved: Golam Rabbani, Advocate, instructed by Md. Behter Ali, Advocate-on-Reco..Category: Property Law | Date: | Hits: 77
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. ......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. ......I.R. 1929 Cal. 152; Ramji Patal Vs. Rao Kishore Singh, L.R. 56 LA. 280 = 33 C.W.N. 893 = A.I.R. 1929 P.C, 190; Misrailal Vs. Mst. Surji, 9 D.L.R. 375; Abdul Majid Vs. Khalil 12 D.L.R. (S.C.) 132. Lawyers Involved: S.R. Pal, Senior Advocate, with S.C. Das, Advocate, instructed by A. W. Mian, ..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....rial ground' is invalid. The doctrine of Mushaa is rigid and its operation must be kept within the strictest limits. The doctrine is to be interpreted strictly within the clear words. Keeping this principle in view, if we try to interpret the exception rule set out above, the question for our co...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......oz Ahmed Choudhury (1952) 4 DLR 604—1951 PLR (1) Dacca, 576; Badrul Huq Rashidi Vs. Shah Hossain Ahmed AIR, 1935. Allahabad 278; Gobinda Chandra Vs. A. Majid, A.I.R. 1944 Calcutta 163. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Md. Nurul Huq, Advoc..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
.... state of belligerency. The provision of SecÂtion 83 of the Code of Civil Procedure does not apply to a Custodian, Deputy Custodian, or an Assistant Custodian of Enemy Property in terms nor does the principle underlying the said provision made any of them amenable to the disabilities of the said pr......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... Tea Company Limited (1968) 20 DLR (Dac.) 54, PLD 1969 Dacca 946; Mt. Tulsha Devi Vs. Shah Chironjeelal and others AIR 1943 All. 1; Anadilal and others Vs. Ram Sarup and others, AIR 1936 All 495. Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Rec..Category: Property Law | Date: | Hits: 93
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ...... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......ahadur Vs. Srinath, Chakrabarti 31 C.W.N. 135, Kumar Rai Vs. Baraboni Coal, A.I.R. 1935 Calcutta 36, Jemarat Ali Vs. Rahman Sardar, 17 DLR 589, Pramatha Nath Vs. Kamir Mondal, 17 DLR (SC) 392.
Lawyers Involved:
B. N. Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For t..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election CoÂmmissioner 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 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. ...... Syed Mofazzal Hossain…………...Appellant. Vs. The Election CoÂmmissioner and others……..Respondents. Judgment November 24, 1975. Result: The Appeal is dismissed. Lawyers Involved: Shah Azizur Rahman with Latifur Rahman, Advocates, instructed by B. Hossain, A..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....tion to the cited authorities we find, Rankin C. J. In Re-Horst Guderian, sitting in a Division Bench has very clearly expounded the point of security money. He says that it is governed by two principles; the first is that the money which is deposited into court as security shall abide the o......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. ...... Shanthanand Gir Vs. Mahant Basundevanand Gir, I.L.R. 52 All. 619 same case A.I.R. 1930, All. 225; C.V. Raghavayya Vs. Chamria Talkie Distributors and another, A.I.R. 1958 Andhra Pradesh 31. Lawyers Involved: Mahmudul Islam, Assistant Attorney-General, instructed by A. W. Mallick, A..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....iance on the decision in the case of Raja Huq Newaz Vs. Mohd. Afzal inasmuch as the facts of that case are quite different from those of the instant case. Suffice it to say that it is the question of principle which is our concern in this case and not the quesÂtion of facts. Section 561A provides:â......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for exÂpeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......ult: The appeals are dismissed. Cases Referred to- Raja Huq Newaz V. Mohd. Afzal, 19 DLR (SC) 369; Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317, Gianchand Vs. State, 1968 Pakistan Criminal Law Journal (SC) 764, R.P. Kapur Vs. State, AIR 1960 (SC) 866, M.S. Khawaja Vs. State, 17 DLR (SC) 1..Category: Anti-Corruption Laws | Date: | Hits: 225
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