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Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ed and the accused person released”. That was the right which the appellant was seeking to pursue, but that right was not an absolute one. Under section 339D the proceedings could be revived upon a prayer from the prosecution within a stated period. The whole purpose of unamended section 339C was ..Category: Criminal Law | Date: | Hits: 75
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....eal cannot be sustained and the case has got to be remanded. It is indeed true that the first appellate Court should not ordinarily remand a case but in view of the above circumstances, there is no alternative but to remand the case. In fact, both the parties are pressing for a remand. 15....... 16. The 3 affidavits which have been pointed in the Paper Book do not satisfy the condition of rule 1 of Order 19 of that Civil Procedure Code. The significant fact is that there is neither any prayer made on behalf of the parties nor is there any direction for filing such affidavit. From the..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... the notice on sending it by post to the person for whom it is intended or by affixing it to some conspicuous part of his place of abode or business. It will be seen from this Article that several alternatives have been provided for the service The manner in which these alternatives have been st......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
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......nd that the order of the Magistrate in respect of the petitioner is an order of acquittal, this Court may set aside the said order. We do not think that it would be proper for us to entertain this prayer. No case for setting aside the order of acquittal was filed and entertained by this Court. B..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ...... on receipt of the notice of the Miscellaneous Case the opposite parties 4 and 5 applied, under sub-section (4) of section 96 of the BBS A and Tenancy Act, to join in the said application and their prayer was allowed. These two co-applicants are the present petitioners 2, 3 respectively. 3..Category: Property Law | Date: | Hits: 47
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. ......praying for setting aside the judgment and order date 17.1.70 passed by learned Subordinate Judge of the Additional Court, Jessore in Miscellaneous Appeal No. 126 of 1969 by which the petitioner's prayer for temporary injunction till the disposal of the Other Class Suit No 357 of 1969 of the Sec..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....acts which can be proved will constitute, the accused may be charged with having committed all or any of such offences and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences. Section 235 relates to the joinder ......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. ......puted lands. The Circle Officer (Revenue), Mehendiganj was appointed receiver in respect of these char lands. The settlement of these char lands by auction was, however, subsequently stayed on the prayer of some of the parties. Thereafter, some of the added respondents filed a petition being Mis..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....of the Code of Civil Procedure in the facts and circumstances of the case or not. In exercising inherent power under section 151 of the Code of Civil Procedure the principle is that where there is alternative remedy the said inherent power should not be exercised by the Court and the benefit of ......dings of the Money Suit was stayed by the High Court till the disposal of the Rule. 5. In the said Rule an application was also filed on the 24th of June, 1969 by the petitioner with a prayer that the said Rule may be extended to cover the final disposal of the subject matter of the ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......al amount was not paid, then he would be forced to take recourse to the court of law. A copy of his letter was sent to the Project Director for information and for doing justice in the matter. The prayer of the plaintiff was repeated on 20.7.61 by his letter, Exhibit C (3). The Executive Enginee..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......also mention that the learned Advocate for the opposite party is not obvious of the limited scope of interference under section 151 of the Code of Civil Procedure. He has accordingly made a prayer before me, as a measure of safeguard to the interest of his client, for an order that his cl..Category: Property Law | Date: | Hits: 69
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....s claimed by him. 10. Mr. Abdus Sobhan, the learned Advocate for the respondent Corporation, submitted after examining some records that there was a proposal at one time for offering him an alternative employment under the Corporation which needed less physical work. He admitted, however,......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
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
.... of the question in the light of the observations made above. 16. The point raised by the learned Advocate has thus considerable force. In the circumstances of the case, we think, we have no other alternative but to set aside the order of conviction and sentence. 17. In view of the order we pr......e of the Death Reference No 15 of 1970 and the connected appeal No. 563 of 1970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Johar prayer, accused Shiraj Ali gave dao blows to Fajarjan Bibi, mother of the informant Abdun Noor and s..Category: Criminal Law | Date: | Hits: 81
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....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. ...... Penal Code. 14. PW 5 Rokonuddin Sarkar is the brother of PW 1 Rahimuddin Sarkar and they live in the same house. He has stated that on the 5th Poush, 1374 BS after saying his 'Fajar' prayer, he was reciting the Holy Quaran. Suddenly he heard cries and went towards the house of Yasi..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....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:......d the defendants are paying rent to the Government and also got their name recorded in the PS Khatian. Under this circumstances it is contended that the plaintiffs' suit is not maintainable without a prayer for khas possession and the same is liable to be held as barred under section 42 of the Speci..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....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. ......ts own provision After the dismissal of the appeal when this information was communicated to the petitioner the petitioner took steps in the matter and approached the respondent No. 2 with a fresh prayer for according registration to his document. In the meantime, the Ordinance 1 of 1964 had alr..Category: Property Law | Date: | Hits: 73
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......e decree. Defendant No. 2 came to learn about the ex-parte decree for the first time on 2-7-87 and then filed the Miscellaneous case for restoration of the suit. The decree-holder Bank opposed the prayer for restoration. 3. The learned Subordinate Judge while dismissing the Misc. case, b..Category: Civil Law | Date: | Hits: 115
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. ......ceased for substituting them, but he did not do it. The said heirs, however, themselves filed an application for substitution which was rejected on 10 July 1991 on the ground of limitation. Had the prayer been allowed the interest of the plaintiffs would have been saved. 4. Defendant No.1..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......ly course open to the learned Judges was to dismiss the Miscellaneous Case for default of the petitioner. But that was not done which was quite improper. Furthermore, the appellant has alleged that a prayer for adjournment was made on behalf of the appellant, inter alia, on the ground that the same ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......o;ble Court.” 4. While the apology tendered by the editor and the printer/publisher was accepted, and the proceeding for contempt was dropped against them, the appellant’s prayer for mercy was turned down and he was found guilty of Contempt of Court taking the view: ..Category: Criminal Law | Date: | Hits: 75
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