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Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....rial Court had drawn adverse presumption against the appellant by stating that he made over charge on 16.8.64 but disposed of the amounts between that date and 21.8.64. The defence case, on the other hand, was that the appellant continued to remain in charge of the accounts entrusted to him upto 23....... with nine other offences, in the absence of any thread of continuity of action and community of purpose of design to link them, clearly infringed the provisions of the law mentioned above. It may be noted that the offences in one group arose out of payment from one fund an the offences was, therefo..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....med and others vs. The Chief Commissioner, Karachi and others PLD 1962 (Kar) 249. Similar also the observation of Chief Justice Beaumont sitting with NJ Nanda J. in the case of Gulabrao Laxmanrao Chandgude vs. Emperor AIR 1935 Bom. 409. So also are the observations of Das Gupta and PN Mukherjee...... authorities to show that this principle should be adopted by the Government in deciding boundaries of zones or areas under any system of administration. Reference may be made in this connection to note (1) appendix II, para 1 under Regulation 10 of the Police Regulations of Bengal, 1943. The not..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....e Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan, Karachi 16 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446; Swami Turiananda alias Denesh Chandra Guha Mustafi & another vs. Siris Kumar Sen, 5 DLR 175; Gargi Din Vs. Debi Charan 51 All ...... the intention of the legislature been to widen the scope of section 10 so as to make it coextensive with section 11, the language employed would have been identical." It may be noted here that section 11 of the Code of Civil Procedure distinguishes the trial of the whole suit..Category: Property Law | Date: | Hits: 86
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....forcibly took away his wife Sharifunnessa aged 24 years and carried her to the house of the appellant and confined her inside a room and the other accused stood as a guard with a gun and shorki in hand at the verandah. At the time of taking Sharifunnessa away, Abdul Kasem (PW 6) the younger brot......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
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....asak and others........Respondents Judgment July 23rd, 1970. Cases Referred to- Joy Kumar Dutta and others vs Sitamath Dutta, 4 DLR 400; Sudhir Chandra Singha Sarma and others vs Debesh Kumar Singh Sarma 13 DLR 232; Md Abdur Rahman Bhuiyan vs ......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)
....Shukul vs Sm Govindi Devi AIR 1950 All. 693; Ham Din and another vs Buta, minor through Musammat Mahedan and another 120 1C 171; Ram Lai vs. Thakurdin and others 66 1C 678; Mrs Maya Devi vs Diwan Chand AIR 1935 Lahore 115; Khan Bahadur Khaleque Newaz Khan Chowdhury and others vs Maulvi Chowdhury...... from F(I) had already expired before the institution of the suit on the 17th June, 1958 and, as such, the suit is apparently barred by the provision of Article 47 of the Limitation Act. It may be noted here that this point as to limitation was not specifically pleaded by the defendant in their ..Category: Property Law | Date: | Hits: 69
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... in 55 CWN (3 DLR) 155; Kalikesh Biswas and others vs Gheasuddin Ahmad and others 75 DLR Dacca 330; Kiron Chunder Roy vs Naimuddin Talukdar ILR 30 Cat. 498; Jogendra Narain Roy Chowdhury vs Kiran Chandra Roy reported in ILR 46 Cal 730; Najemodeen Moonshi vs Syed Hasan Hyder Chowdhury (1905) 9 CW...... 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)
....p; Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown......n case rests upon the evidence of two eye-witnesses of the occurrence. In all, the prosecution examined 6 witnesses and the defence examined 2 witnesses in support of their respective cases. We may note at the outset certain unchallenged or rather admitted facts. These are: that deceased Maleka ..Category: Criminal Law | Date: | Hits: 154
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. ......nbsp; Mr. Sobhan also contended that the decision in the Title Suit as well as the appeal are illegal and without jurisdiction in view of the fact that this aspect of the matter was not taken note of in these judgments. He has finally argued that the respondent No. 2 is duty bound to regis..Category: Property Law | Date: | Hits: 73
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....f Taka 500.00 and (iii) that abatement in respect of plaintiff Nos. 9 and 19 could, if at all, have the effect of partial abatement of the suit. The learned Counsel for the respondent, on the other hand, contends that the application for setting aside abatement was barred by limitation, as the p......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
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....dged a First Information Report with Nagorpur Police Station alleging, inter alia, that on 4-3-1997 at 9-00 AM his 13 years old daughter, Suma Chatterjee, a student of Class IX, went to Bharra Umesh Chandra High School but did not come back from the school and when on search she could not be traced ......aring of the Miscellaneous Case, not to speak of making any submission as above. Mr. Wahhab Miah submits that he is prepared to file an affidavit stating the aforesaid facts which were not even taken note of by the learned Judges in their judgment. The learned Advocate submits that a double standard..Category: Criminal Law | Date: | Hits: 71
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....tempts to examine the Presiding Officers, Returning Officer and the Treasury Officer as witness to prove post-election tampering of summons against them for appearing as witnesses. On the other hand, the Tribunal took the view that it is itself sufficient to ascertain if the election materia......ed elected Chairman by the Returning Officer. 2. The appellant, an unsuccessful candidate, challenged the election of respondent No.1, held on 29-1-1992 by filing the election petition as noted. The Tribunal after re-counting of votes allowed the election petition and set aside the decl..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... the civil Court can entertain the suits despite the bar imposed by the provisions of clause (5) of Article 34 of the said Order. Mr. Huq offered his views in the negative. Dr. M. Zahir, on the other hand, canvassed the contrary views. I lend my support to the views of Dr. Zahir for the reasons belo...... 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
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....n: 51 DLR (AD) (1999) 150. ......¦â€¦â€¦â€¦â€¦... Respondents Judgment April 11, 1999. The Evidence Act, 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenan..Category: Tenancy Law | Date: | Hits: 62
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....led the Bichra. Accused Matbar Ali ordered to kill them. At this accused-respondent No. 1 Giasuddin and accused-respondent No. 4 Almas by their respective guns fired at (now deceased) Chan Miah @ Chandu who being injured fell down and died. Accused-respondent No. 2 Abdul Awal Bhuiyan by a gunsho......a of alibi which were all disbelieved both by the trial Court and the High Court Division. 10. The results of the trial, Death Reference and the Jail and Criminal appeals have already been noted. 11. Before we proceed to mention the grounds on which leave has been granted it will..Category: Criminal Law | Date: | Hits: 80
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......nd lost cargo, the Admiralty Court erred in relying on the survey conducted by the defendant respondents surveyor unilaterally and without notice to the plaintiff. 6. The Admiralty Court has taken note of the fact that the Master and Chief Officer stated that they did not issue any certificate ab..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
.... on the way they were attacked by accused persons with iron rod, bamboo sticks, daggers, etc. when both of them fell down on the ground. The accused persons then cut the cords of two legs and left hand of the informant Mahbub Shukur by a dagger and uprooted the eyes of victim Belal Hossain and h......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....wheat in bulk belonging to the Government of Bangladesh from Chittagong to Narayanganj on 25-1-85. Defendant No. 1-appellants Oil Tanker T-1059 (T-4-175) was coming from the opposite side towards Chandpur from Narayanganj. The plaintiffs alleged that at about 2-00/3-00 PM the appellants Oil Tank......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....le or holy truth………(9) v) The Court expected more circumspection, understandding, discretion and judgment on the part of the Prime Minister because of the high office she holds in making off-hand remarks in respect of constitutional functionaries which have been alleged to be contumacious â......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....guarantor for repayment of the loan. 3. As already noticed, the trial Court and the lower appellate Court convicted and sentenced the accused-petitioners as aforementioned. 4. Mr. Khandker Mahbub Hossain, learned Advocate appearing for the accused- petitioner Mawlana Abdul Hye in...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..Category: Criminal Law | Date: | Hits: 67
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