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Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)

....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal   is dismissed. Ed. ......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal   is dismissed. Ed. ......Appellants.              Vs. The State............................Respondent Judgment Jan. 14, 1976. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Rccord.&mda..

Category: Criminal Law | Date: | Hits: 64

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. ......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. ......sp; 1948 A.C. 422, and Davigdor Goldsmid Vs. Inland Revenue Commissioners 1953 A.C. 347 Income Tax, Madras Vs. Mir Mohammad Ali 1964 (53) ITR, 165; Abdul Wahab Vs. The Crown, 7 DLR (FC) 87. Lawyers Involved: A. W. Chowdhury, Senior Advocate, Supreme Court, instructed by A.M. Khan C..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Government of Bang­ladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)

....­pensable and either party may waive them without affecting the jurisdiction of the Court." 21. We are to examine the relevant provision of section 8 of the Arbitration Act in the light of the principles referred to above in order to appreciate the validity of the contention of the learned Ad......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. ......t Davarc Vs. Bala Chandra Ganesh Thakur, reported in A.I.R. 1931 Bom 539; The Governor General of India in Council Vs. Bilas Singh, and Nalini Ranjan Guha Vs. Union of India, A.I.R. 1954 Cal. 462. Lawyers Involved: Syed Ishtiaq Ahmed, Additional Attorney-General, with Mahmudul Islam, Assistant..

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. ......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. ...... Provincial Library Vs. Commissioner of Income-tax East Pakistan, PLD 1958 (S.C.) 81; Harjina & Co. (Pak) Ltd., Karachi Vs. Commissioner of Income Tax (Central) P.L.D. 1963 Karachi, 996. Lawyers Involved: Abdul Wadud Chowdhury, Sr. Advocate, instructed by Mr. A. M. Khan Chowdhur..

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)

....L.R. 847: "In the case of pre-emption because of the special provision of the Act rights of the parties cannot be determined without con­sidering the rights of others. The principles of Order 1, rule 9 of the Code cannot be made applicable. In the circumstances, it cann......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. ......a Begum and others, 20 D.L.R. (Dacca) 480; Mohammad Hossain Khan  and others Vs. Babu Kishva Nandan Shanai L.R. 64 I.A. page 250 = A.I.R. 1937 P.C.  233 (same case) 41 C.W.N. 1029. Lawyers Involved: T. H. Khan, Senior Advocate, with A. K. M. Siddiq, Advocate, instructed..

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. ...... 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. ......n Tribunal Bagerhat, Khulna and others…...Respondents Judgment Nov. 20, 1975.                Lawyers Involved: Fazlul Karim, Advocate instructed by SS Huda, Advocate- on- Record- For th..

Category: Others | Date: | Hits: 101

Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)

.... on the date of the sale it is a nullity. These are the inci­dent of a money-decree. 12. A certificate sale held in default of pay­ment of rent, and on the compliance with the requirement of the principles of representation of the landlord and the tenant, the tenure or holding passes with the c......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. ......nda Mallik, 9 DLR 57; Purna Chandra Vs. Dinabandhu Mukherjee I.L.R. 34 Cal 811; Abtabur Rahman Vs. Madan Mia, 19 DLR 333; Tarangini Debi 19 DLR 57; Keramat Ali Vs. Mohammad Yunus, 15 DLR (SC) 130. Lawyers Involved: M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record—For the App..

Category: Property Law | Date: | Hits: 82

Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)

....aborate arguments were advanced on both sides on the legitimacy issue. After considering the arguments and the decisions cited before them, the learned Judges of the High Court approved the following principle enunciated by Mahmood J, in the case of Muhammad Ailadad Khan vs. Muhammad Ismail Khan ILR...... 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....... Board reported in (1949) 1 DLR 81; Ramjan Khan vs. Obaidul Huq.reported in (1976) 28 DLR (AD) 57; and Shahzada Muhammad Umar Beg vs. Sultan Mahmood Khan and another; reported in PLD 1970-SC 139. Lawyers Involved: M.H. Khondker, Advocate, instructed by M.R. Khan, Advocate-on-Record—For the..

Category: Trust/Waqf Law | Date: | Hits: 182

Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)

....­gagee in other suit No. 151 of 1926, in which the mortgagee admitted that there had been such a mistake in the kot-mortgage deed. On the face of the solenama Ext. 9. appellant objection that on the principle laid down in the section 98 of the Evidence Act that parties should not be allowed to trav......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. ......KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mozammel Hoque, Senior Advocate, instructed, by Abdur Rab-II, Advo­cate-on-Rec..

Category: Property Law | Date: | Hits: 64

Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)

....passing the said orders and summarily rejec­ted the appellant’s application under section 115 of the Code of Civil Procedure. 5. Special leave to appeal was granted to consider the principle under which a Court may pass an order staying the progress of col­lateral proceeding ...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......llip;…………………..Appellant. Vs. A. Samad Molla & others................... Respondents. Judgment Nov. 24, 1976 Lawyers Involved: Nizamuddin Haider, Advocate, instructed by S. M. Huq, Advocate-on-Record&m..

Category: Property Law | Date: | Hits: 61

Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)

....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding be­fore the Administrator. Ed. ......r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding be­fore the Administrator. Ed. ......lip;…………….. Appellant. Vs. Administrator of Wakfs and others ……….....Respondent. Judgment May 31, 1977. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, with Zahir, Advocate & Md. Akkas..

Category: Property Law | Date: | Hits: 43

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. ......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. ......thers .................Respondents. Judgment March 9, 1977 Cases Referred to- Joygun Bibi State (1960) 12 DLR (SC) 157, Moqbul Hossain Vs. State 12 DLR (SC) 217. Lawyers Involved: Sultan Hossain Khan. Deputy Attorney General with B. B. Roy Chowdhury, Ass..

Category: Criminal Law | Date: | Hits: 80

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. ...... 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. ...... The State............ Respondent Judgment                    January 20, 1977. Lawyers Involved: T.H. Khan, Senior Advocate with Md. Abdur Rahim, Advocate, Supreme Court, ..

Category: Criminal Law | Date: | Hits: 62

Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)

....th  as second appellate court and  a revisional court, except in certain well-defined exceptional circum­stances.  With this observation the petition is dismissed. Ed. ......th  as second appellate court and  a revisional court, except in certain well-defined exceptional circum­stances.  With this observation the petition is dismissed. Ed. ...... Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Respondent Judgment June 30, 1977. Lawyers Involved: Abdur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record&mdas..

Category: Property Law | Date: | Hits: 44

K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)

.... defence and  the answers, if  any, given by the accused may be taken into consideration. Admittedly, the appellant was, examined under section 342. The section is based apparently on the principle involved in the maxim "audi alteram partem" namely, no one should be condemned ......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. ......ya J Fazle Munim J K. M. Zaker Hossain................Petitioner Vs. The State.............................Respondent Judgment Feb. 21, 1977. Lawyers Involved: T. Ali, Senior Advocate with Khandker Mahbubuddin Ahmed instructed by A. R..

Category: Criminal Law | Date: | Hits: 69

Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)

.... the Penal Code, and they are not in dispute. A detailed discussion of these authorities is not called for. However, we would like to mention some of them. We think that the best enunciation of the principle is to be found in the case of G.A, Montario vs. The State of Ajmir, by the Su­preme ...... 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. ......r............... Respondent Judgment                     February 23, 1977. Lawyers Involved: Md. Ansar Ali, Advocate, instructed by Md. A. Aziz, Advocate-on-Record&md..

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. ......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. ......houdhury J Abdur Rahim Afroze.......................................Appellant Vs. B. C. Aga and Co. Ltd. and others…………………… Respondents Judgment February 18, 1975. Lawyers Involved: S. R. Pal. Senior Advocate, Supreme Court, instructed by Abdur Rab, (absent) Ad..

Category: Business or Commercial Law | Date: | Hits: 86

Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribu­nal and another, 1977, 6 CLC (AD)

....supervisory and not appellate jurisdiction. One consequence of this is that the court will not review findings of fact reached by inferior Court or Tribunal, even if they be erroneous. This is on the principle that a Court which has jurisdiction over a subject matter has juris­diction to decide wro......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. ...... Cases Referred to- Ali Ahmed vs. State (1962) 14 DLR (SC) 81 (86) = PLR 1962 (SC) 102 (106); Hari Vishnu vs. Ahmed Ishaque AIR 1955 (SC) 233, Syed Yakoob vs. Radha Krishnan AIR 1964 (SC) 477. Lawyers Involved: Mainul Hossain, Advocate with Md. Joynal Abedin, Advocate, Mozammel Huq Khan, A..

Category: Criminal Law | Date: | Hits: 70

Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)

....g Court had inherent power to set aside the sale which had been fraudulently held as a result of a conspiracy. In support of this contention learned Counsel has referred to a certain passage from the principle of Modem Company Law by L C.B. Gower (1957) at pages 319-323 dealing with the legal nature......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. ......li AIR 1933 Mad. 635; Basanta Kumar vs. Mihirlal AIR 1968. Cal. 604; Manilal Mohan Lai vs. Sajdu Ahmad AIR. 1954 SC 349; S.M. Yousuf and another Vs. Kh. Hafizur Rahman and others  36 DLR 124. Lawyers Involved: Syed A.N.M.  Nasiruddin, Advocate-on-Record—For the Appellant. M.H. K..

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. ......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. ......p;……………Petitioners. Vs. M/S.  A. T. J. Industries Ltd. and others................. Respondents Judgment April 12, 1977. Lawyers Involved: K. A. Bakr Attorney-General, A. Wadud Bhuiyan, Assistant Attorney-General,..

Category: Property Law | Date: | Hits: 57