Transfer of Railways Order, 1962
S. 7(a)(1)—Lands and buildings belonging to EP
Railway became lands and buildings vested with the Provincial Government after
the Transfer of Railways Order came into operation—Provisions of the East
Bengal Government Lands and Buildings (Recovery of Possession) Act are
applicable to such lands and buildings.
Miajan Ali Vs. Province bf East Pakistan (1970) 22 DLR 235.
Trial Court—Its finding
An appellate Court would not ordinarily interfere with the finding of
fact of a court of first instigate but this principle is not without exception.
Where the (1) facts are such that the appellate Court is in a similar position
with the original Court to sift and weigh the evidence, when (2) the oral
testimony has not received due consideration in the original court; and where
(3) the disbelief of witness by the trial court is based on an alleged
contradiction which is in reality a mere incapacity of the witness to remember
or explain a certain thing—then in all such cases the appellate tribunal would
be unfettered to examine the evidence afresh and arrive at an independent
Md. Akbar Abdul Sattar Vs. WL Bogstra (1956) 8
DLR (PC) 19(23).