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Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......ng out of the same judgment by which the learned Additional Sessions Judge and Ex Officio Special Judge, 3rd Court, Dacca, convicted the two accused appellants on 29.4.67 under section 165A of the Pakistan Penal Code and under section 161 of the Pakistan Penal Code respectively and have been hea......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....withheld material witnesses, namely, Parashullah Fakir, Saju Bibi, Asgar Ali, Dhiren Chowkider, Basu Dev Dafadar, Sariatulla, Sohrab, Akhter and Siraj. Dhiren Chowkider and Basu Dev Dafadar are the members of the rural Police to whom the accused was handed over by the witnesses subsequently. They......ur Rahman J: This appeal by the accused Lutfor Fakir is directed against the judgment passed by Mr. Nasimuddin Ahmed, Sessions Judge, and Jessore on 15.6.70 convicting him under section 302 of the Pakistan Penal Code and sentencing him to death. Death Reference No. 10 of-1970 made by the Session...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......endant No. 1 along with others tried to dispossess the plaintiffs and their co-sharer from a portion of the land of the patta in 1947 resulting in a criminal case under sections 143 and 447 of the Pakistan Penal Code and that two accused persons in the said criminal case including defendant No. ......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......on Case No. 152 of 1969. Judgment: A Quasim J.- This Rule is directed against an order of conviction and sentence under sections 147, 323 and 324 of the Pakistan Penal Code. 2. All the 7 petitioners have been convicted under section 147 of the ......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ..Category: Criminal Law | Date: | Hits: 69
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....I) Whether in the facts and circumstances of the case viz, oral partition of Joint Family properties, separate possession and separate enjoyment of agricultural income in definite shares by the members, separate residence, separate funds, the Hindu undivided family has ceased to exist, as su......ons of law propounded by and referred to this Court are as follows: "(I) Whether the provisions of Section 30 of the Bengal Agricultural Income Tax, Act, 1944 as adopted in East Pakistan are applicable to a Daya Bhaga Hindu Family claiming separate assessment after partition ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....ing to take proper step, for removing the petitioner. Thereafter, the Deputy Commissioner, Khulna who is also the Chairman of the District Council, Khulna convened a special meeting of the elected members of the District Council for removal of the petitioner. The said meeting took place on 23.1.......r, 1959, and the Rules thereunder. I would, therefore, request you to kindly take necessary steps for the removal of the said Chairman from the office under the provisions of the East Pakistan Local Councils (Removal of Election Chairman Members) Rules, 1967. Sd/—MA......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....he Crown, 5 DLR (FC) 207 observed: "Where the direct evidence relates only to minor facts, and consequently the case rests wholly on circumstantial evidence, it is necessary to remember that "processes of inference and education are essentially involved of a delicate an......st the judgment passed by the Sessions Judge, Rangpur sentencing the accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo transportation for life on a conviction under section 302, Pakistan Penal Code. 2. The case for the prosecution, briefly stated, is as follows: On 22nd......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......he trying Magistrate under section 522 of the Criminal Procedure Code should not be set aside. 2. In this case the two opposite-parties were convicted and sentenced under section 448 of the Pakistan Penal Code by Mr. MU Chowdhury, Magistrate, 1st Class, Patuakhali on 26.11.68. On that ver......of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......t the alleged gift and family arrangement and the question of possession as sought to be made out by the plaintiff petitioner are all false and motivated. It is their further case Birendra died in Pakistan on 31.12.66 and he was insane for about 30 years till the time of his death, and that he l......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......ficer of Sadar Jessore he had domain over a sum of Rs. 5, 976, 20 paisa which represented the fund of the Works Programme. The amount was lying in the current account No. 1459 of the National Bank of Pakistan, Jessore. During the period between 16.8.64 and 21.8.64 the appellant paid a sum of Rs. 755......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......ul-Hakim J Fazle Munim J Abdul Hamid Howlader and others.....Petitioners Vs. Province of East Pakistan ..............Respondents Judgment &......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ...... Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan, Karachi 16 D......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ...... TH Khan J: This appeal from the jail by the accused Golam Kader is directed against the order of conviction and sentence passed on 29 February 1968 under section 366 of the Pakistan Penal Code. The appellant, along with two others, was placed on trial on charges under se......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......al Sessions Judge, 2nd Court, Bakerganj-Patuakhali upholding the order passed by Mr. MU Chowdhury, Magistrate, 1st Class, and Patuakhali convicting the accused-petitioners under section 379 of the Pakistan Penal Code and sentencing each of them to undergo rigorous imprisonment for six months. Th......dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......llant Vs. Chairman EPRTC.... ............Respondents Judgment March 24th, 1970. Cases Involved: Muslim Cotton Mills (Pakistan Industrial Development Corporation vs. Din Islam 11 DLR 165; Agent, East Indian Railway v......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......milar to the one before us and which concerned the period of limitation in the case of an assessment under the Business Profits Tax Act came up for consideration and the Division Bench of the West Pakistan High Court held : "As already pointed out, since the petitioners acquire......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... the eldest son was in sole charge of the property as a Karta' of the undivided Hindu family and that he purchased in that capacity the 1/5th share of his younger brother Chandra Kumar Basak for the members of the joint family and, as such, the plaintiff, defendant Nos. 22, 23 and Rajkumar, prede...... Debesh Kumar Singh Sarma 13 DLR 232; Md Abdur Rahman Bhuiyan vs Prafulla Chandra Majumdar 13 DLR 865; Maheschandra Das Choudhury vs Mukunda Chandra Das 14 DLR 347; Perumel vs Central Government of Pakistan 15 DLR (SC) 58; 18 CWN 428 (PC) and 29 CWN 1037 (PC); Must. Bhagwanu Kunwar and another v......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... through Musammat Mahedan and another 120 1C 171, does not apply to the instant case before me. Moreover, in the case of Ram Lai vs. Thakurdin and others 66 1C 678, it has been held that the other members of a Hindu joint family are not bound by the order passed in a 145 proceeding started by a ...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......tion Biral did commit murder of Jahiruddin by intentionally poisoning him in furtherance of the common intention of you all and hereby committed an offence punishable under sections 302/34 of the Pakistan Penal Code and within the cognizance of the court of Session. And I hereby di......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......sp; Vs Province of East Pakistan represented through the Chief Secretary Government of East Pakistan .......Resp......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 76
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