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Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....of money which was received by him and which has been admitted by PW 6. I would like to refer to a decision in the case of Major Robert Stuart Wauchope vs Emperor, 38 CWN 187. In the said Division Bench case of the Calcutta High Court it was held that if the accused makes out a prima facie case,......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
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....nts Nos. 3, 10 and 11. 9. There are many decisions on this point and I may refer to one of them. In the case of Ahmedur Rahman and ors vs. Abdul Mojid and ors. 14 DLR 471, wherein a Division Bench of this Court held that whether an abatement of appeal on account of the death of one of the ......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)
....ed is a constituent element of another offence with which he has also been charged, he cannot be sentenced separately on a conviction on both these counts. But in a latter case heard by a Division Bench of this Court in the case of Amir Hossain Talukder and others vs. Crown, 9 DLR Dacca 71 it ha......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
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....522 of the Criminal Procedure Code and that, therefore, the order passed by the Additional Sessions Judge is illegal and without jurisdiction. In support of his contention, he has cited two Single Bench decisions of the Lahore High Court, namely, Mohammad Sharif vs. Diwan Singh AIR 1940 Lah. 95 ......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
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....efinition not only do not rule out mens rea a necessary element of the offence but, in fact, clearly postulates the existence of a guilty mind. I am fortified in this view by a decision of a Division Bench of this Court in the case of Mujibur Rahman and others vs State 15 DLR 549; PLD 1964 Dac. 330.......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
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....dance with law. This view of mine also gets support from decision in the case of Swami Turiananda alias Denesh Chandra Guha Mustafi & another vs. Siris Kumar Sen, 5 DLR 175 in the said Division Bench case of this High Court Zaman, J sitting with Amin Ahmed, J. (as his Lordship was then) obse......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
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
.... fraud was practised upon the Court it can interfere in exercise of its inherent jurisdiction. The two Calcutta decisions referred to above and some other decisions were also considered by a Single Bench of this Court in Civil Revision Case No. 86 of 1962, decided by Ali, J. on 30.4.65, which is,......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. ..Category: Property Law | Date: | Hits: 69
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....nce is not admissible under section 33 of the Evidence Act merely on the ground that he is dead. This view finds support in the case of Emperor vs. CA Mathews AIR 1929 Cal. 822, wherein a Division Bench of the Calcutta High Court observed that in warrant case until the stage provided for in sect......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)
....tention exactly similar 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 p......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
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....case. If any decision be needed in this respect reference may be made to the decision in the case of Tokaram Jayaram vs. Hari Volad Sakharam and another ILR 28 Bom. 601 FB. The decision of the Full Bench is to the effect that a plaintiff suing in the ordinary Court on his title for the possessio...... 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
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....cision in the case of Shaha Md Elais Shah vs Province of East Pakistan (Represented by the Secretary, Revenue Department) Government of East Pakistan, Dhaka and others 17 DLR Dacca, 227. A Division Bench of this court in the said case held: "A close reading of the provisions ma...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....e of the conclusion of his argument. The learned Deputy Legal Remembrancer drew our attention to a decision of this Court in the case of State Vs Purna Chandra Mondal 22 DLR 289 wherein a Division Bench of this Court remanded the case for retrial on the ground that a last moment appointment of a......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)
....r Mia 8 DLR 82 the plaintiffs suit for declaration in respect of the lands which were in his possession through tenant were held to be barred under section 42 of the Specific Relief Act by a Division Bench of this Court, in view of the fact that no consequential relief was prayed for in that suit, p......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)
....t 15 also bars the operation of this provision. 10. In the case of Chitta Ranjan Sutar vs. Secretary, Judicial Department, Govt. of East Pakistan as reported in 17 DLR (Dacca) 451 a Special Bench of this Court held that the provisions of sections 4 and 6 of this Ordinance is in conflict ......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
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....- Petitioner No. 1, the City Bank Limited, and its Directors petitioner Nos. 2 and 3 have preferred this petition for leave to appeal from the judgment and order dated 25-3-99 passed by a Division Bench of the High Court Division in Writ Petition No. 4375 of 1997 discharging the Rule Nisi. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....sp; Mustafa Kamal CJ.- The writ-petitioners of Writ Petition No. 4992 of 1997 have preferred this petition for Leave to Appeal from the judgment and order dated 11-5-99 passed by a Division Bench of the High Court Division discharging the Rule Nisi with costs. 2. Petitioner No.1, ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
.... in FA No 39 of 1995). Judgment: Mustafa Kamal J.- The plaintiff-petitioners have preferred this petition for leave to appeal from the judgment and decree dated 22-01-98 passed by a Division Bench of the High Court Division in FA No.39 of 1995 dismissing the suit after setting aside the jud....... 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. ..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....was found in obtaining the said decree. 4. The defendants took an appeal to the High Court Division, FMA No. 62 of 1989, against the said order of the learned Subordinate Judge. A Division Bench, by its judgment and order dated 29 April 1997 dismissed the appeal observing, that since no ......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. ..Category: Civil Law | Date: | Hits: 115
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....sposed of on merit here having regard to further development in the matter which culminated in filing of yet another petition for leave to appeal, No. 12 of 1999, against the order passed by the same Bench in Criminal Miscellaneous Case No. 5382 of 1998. 16. As already noticed, the aforesaid Mis......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. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
..... Judgment: Mustafa Kamal J.- This appeal under Article 103(2)(c) of the Constitution is from judgment and order dated 29-06-95 passed by a Division Bench of the High Court Division in Miscellaneous case No. 814 of 1995 (Contempt) finding the appel......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. ..Category: Criminal Law | Date: | Hits: 75
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