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Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....addy from the said plot. When PW 2 Serajuddin protested, accused Idris gave him a blow by Sharki and accused Sekendar gave him a blow by chwal. The accused persons forcibly took away paddy from the disputed land by boat. The paddy was grown by PW 1 Abdul Aziz. PW 3 Tajambar Biswas, PW 4 Kanchan,......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
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....s common ground that section 34 of the Income Tax Act as adopted in the Business Profits Tax Act has not been modified by any Rules made under the Business Profits Tax Act. The respondents have not disputed the proposition that if the benefit of the subsequent amendment in section 34 is not avail......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)
....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. ......pared showing the respective share of the said persons. The said defendant further asserts that the plaintiff instituted another suit with regard to .15 acre of land appertaining to dag No. 462 of khatian No. 98 and the said suit was fought upto the appellate Court in which the title of Raj Kuma..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....he said rooms through different tenants. The defendant No.l, a practising Mukhtear was engaged by the pro-defendant No. 3 as a private tutor for his son Nuruzzaman and allowed him to reside in the disputed rooms from Jaishtha 1353 BS but unfortunately, the said son of defendant No. 3, became ins...... 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
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
.... Plot No. 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu under the registered deed Ext. 1. Since then the complainant's father possessed the disputed land. After his father's death the complainant is possessing the same. As the disputed lan......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 66
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....them as mentioned above. 8. The death of Jahiruddin on the night following 29th Bhadra, 1371 BS corresponding to 15th September, 1964 in the house of his father-in-law, Tofa Mohammad is not disputed. His death has been proved by overwhelming evidence of local PWs 3, 4, 8, 9, 10 and 13 and......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
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....ed their jote right in the land in suit and contended, inter alia, that the suit was not maintainable in the form it was filed and it was bad for defect of parties. They further contended that the disputed jote No. 138 comprising the suit lands were not cultivable; and one Abdul Kader, after tak......e land by constructing huts therein. Thus, they assert that they have been in possession of the lands in suit in rayati right on payment of rents. The defendants also pleaded that the entry in the khatian in the name of Abdul Kader in rayati right is wrong as he had no rayati interest, but he ha..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....atun. 6. That the occurrence took place in the house of DW 1 Yasin Sheik and that his wife Maleka Khatun was murdered on the date of occurrence as alleged by the prosecution had hardly been disputed. Besides, there are other overwhelming evidence to prove these facts. 7. The prose......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....ly leaving his widow Feroza Khatun. Feroza Khatun subsequently sold her interest to plaintiff No. 2. It was further pointed out in the plaint that the defendant No. 1 or 2 never had any possession in disputed property after its settlement with the plaintiff though the PS Khatian has recorded the nam......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....f the requirements of the Act the period within which the registration must be completed could not have been fixed." 18. We are satisfied from the facts of this case, which are not disputed by the respondents, that from the time of refusal of registration the petitioner has been......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....oss of business and the corresponding advantage and disadvantage of the travelling public. In the absence of any specified data it is very difficult to decide this question. Further, these are highly disputed facts concerning the general policy of guiding the inland river transport system for which ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ...... grab the suit land created some documents. Defendant No.1 did not grant any settlement of the suit land to Noor Hossain in whose name the RS Khatian was wrongly prepared. In the remark column of the khatian, the possession of Noor Hossain was noted without any status either as a raiyat or as a less..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....ondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, ord...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....ended paragraphs. For the present purpose paragraph 14A may be noticed which has been quoted in the relevant judgment of the High Court Division. It reads- “14A. That the plaintiff all the time disputed the claim of defendant No. 1 but they willfully did not disclose the actual fact that BTMC ...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ..Category: Property Law | Date: | Hits: 65
Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)
....ond proviso in section 4 of Act, 1974 was added and the Government has the full authority to extend, curtail or alter the limits of any area for which a Nikah Registrar has been licensed. It is not disputed before us that the Government has no authority to curtail any area under second proviso to......has been curtailed which the Government is authorised under the law to do. Consequently, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 152. ..Category: Employment/Service Law | Date: | Hits: 69
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....icy decision embodied in various circulars and memos cannot create a legal right in favour of the writ petitioners and the question whether the writ petitioners are Mujibnagar employees or not is a disputed question of fact and the High Court Division committed serious error of law in deciding t......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ..Category: Employment/Service Law | Date: | Hits: 81
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ng at such finding, the learned Judge has also noticed that the prosecution could not prove that the accused, respondent had withdrawn the alleged amount of money from the Bank account through the disputed cheques. The learned Judge has also observed that the prosecution witnesses acted collusiv......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ..Category: Criminal Law | Date: | Hits: 59
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....so granted to consider whether the Administrative Appellate Tribunal has reversed the judgment of the tribunal on irrelevant consideration resulting in miscarriage of justice. 8. It is not disputed before us by the respondent that on his own seeking and also on the basis of the medical r......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
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