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State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... asked, I said, "There is no need of making any further search for Dulal. I have finished him. Thereafter I narrated the entire occurrence in detail. I told about this occurrence before many persons of our village. Elahi Baksh Miah of our village lodged the 'ejahar’ at the thana. ......of Dulal Fakir on 2.10.67 and 26.6.69 respectively. Merely from the fact that PW 1 Sk. Elahi Baksh was a witness and indentifier of these deeds of gift it cannot be inferred in any way that he was interested in grabbing this property which were transferred by Parashullah Fakir to Dulal Fakir. PW......tion under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... 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)
....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. 1 were summoned but a solenama disclaimi......ess are not connected with the lands, the defendants' witnesses have all come from a group who claimed 10 hals of the lands of the mohals as tenants under the plaintiffs, and consequently all are interested in the result of the suit. After due consideration of the evidence on record I hold t......ent April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kumar Das and others 6 DLR 215; Syed Moin Ahmed vs. Khondkar Mohiuddin, 19 DLR 912; Arabjan Bibi vs. Abdul Kader and others 19 DLR 745; Ku......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)
.... common object of assaulting the complainant and, in fact, they assaulted him on different parts of his body, the fala blows being inflicted by the petitioner No. 1 Safar Ali. 4. The accused persons took the plea that the occurrence took place in their kalai field at some distance from th......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. ......nt of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......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
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....e 16th April, 1963 in Other Suit No. 138 of 1961. 2. The facts giving rise to this appeal are, that the plaintiff Dr. Rati Ranjan Sen filed the above mentioned suit for ejectment against two persons, namely, Parul Bala Marwari, the defendant No. 1 and Md. Ibrahim the defendant No.2. The su...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... under Article 25(3) of the Basic Democracies Order for removing him as Chairman of the said union council on the allegation that he falsely identified certain person as sole heirs of some deceased persons although they had other co-sharers at the time of disbursement of compensation money. On r......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. ......l effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......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)
....an order passed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Hussain alias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by ...... 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. ...... committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ...... 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. ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....t C. After the death of Sachindra Nath Biswas his interest devolved on his father Lalit Kumar Biswas. Thereafter Lalit Kumar died leaving behind him a widow Harimati and a son Anil Kumar. These two persons sold away a share in the disputed property to the petitioner by a registered kabala dated 2......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. ......ourt High Court Division (Civil Revisional Jurisdiction) Present: TH Khan J Bijon Bala Chowdhurani & others..............Petitioners Vs. Maniruddin Biswas & others.........Opposite Parties Judgment June 11th, 1970. Cas......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. ..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....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. ......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. ......ge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......"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 and perplexing character liable to numerous cause..Category: Criminal Law | Date: | Hits: 124
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....e considered whether the trial of the appellant can be justified by any of the other exceptions. According to the allegations, the appellant disposed of a sum of Rs. 755/- in favour of nine different persons between 16.8.64 and 21.8.64 of the Works Programme Fund and also disposed of an unclaimed am......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. ......o 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. ......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. ......ot; as well as order of the Deputy Commissioner, Bakarganj, Annexure-"P" has to be read in the context they were issued. The Additional Deputy Commissioner (Revenue), Bakarganj, was only interested in deciding the revenue administration of the newly formed char. Though he used the word...... we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......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)
....here are substantial differences between the two suits. Whereas the first suit was for a mere declaration that the properties in suit were waqf and in consequences, alienations thereof by certain persons were void and ineffectual, the second suit while adopting these plans goes further in alle......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. ......ers……..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 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choud......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)
....ok Sharifunnessa to several houses, such as, the house of Anser Ali Molla (PW 2), Ansar All Moholdar (PW 3) Abdul Hamid Gazi (PW 8) and Abu Bakar (PW 9) and spent some nights in the houses of these persons with Sharifunnessa. Thereafter, the complaint petition, Ext. 1(1), was filed on 7.6.66 in ......secution case. In short, as to the actual occurrence, there is no independent corroboration of the prosecution case and it is wholly unsafe to place any reliance upon tainted evidence of the highly interested witnesses like PWs 1 and 6. No explanation has been offered by the prosecution as to wh......s hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......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)
....bdul Barek and Jalal Ahmed were reaping paddy 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 ......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. ......and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......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)
....certificate given by this witness which is Ext. 1 in this case. This witness, however, further stated that by this remark he meant that the appellant could not bend his knee joint like other normal persons and that he could not run at all nor could he walk for a long time nor could be stand upon ......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. ...... 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 vs. Maurice Cecil Ryan, AIR 1937 Cal. 526; Tannoch......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
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... in suit while the plaintiff and his two other brothers defendants 22 and 23 acquired 1/15 share each and the cadastral survey record was correctly prepared showing the respective share of the said persons. The said defendant further asserts that the plaintiff instituted another suit with regard ......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. ......d. ......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)
.... 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. ......, and an order was made under the said section in favour of the Manager and under the said circumstances it was held: "That the order was bad and must be set aside as the parties interested were not properly before the Court. The Manager had no interest, except as such, or p......; Vs. ARM Mustanesar Billah & others.......Respondents Judgment February 13th, 1970. Cases Resferred- Shankhta Shukul vs Sm Govindi Devi AIR 1950 All. 693; Ham Din and another vs Buta, minor through Musammat Mahedan and anothe...... 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)
....rved as follows: "The learned Public Prosecutor appearing on behalf of the State has frankly conceded that the prosecution has not succeeded in proving that the present accused persons actually committed the murder of Jahiruddin by administering endrine poison to him, but he......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. ......ing the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......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)
.... from another tenure holder a right to hold land for the purpose of collecting rents or bringing it under cultivation by establishing tenants on it, and includes also the successor-in-interest of persons who have acquired such a right." Mr. Islam's contention is that the matte...... 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. ......nbsp; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja...... 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)
....he cowshed. He saw 2 'Dao' blows on the neck of the deceased. He found PW 2 Siraj Mia and his sister PW 4 Fazila Khatun, Yasin Sheik the father of the condemned prisoner, Meher All (DW 2) and other persons present there lamenting over the death of Maleka. They narrated the occurrence to him and ...... enmity was suggested against this witness. Further, DW 1 Yasin Sheik has admitted in his cross-examination that he has no enmity with the neighbours. PW 1 therefore, appears to be a thoroughly disinterested and independent witness and he has given a dispassionate account of what he saw, heard (......y prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......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
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....e respondent No. 2 took steps under the provisions of clauses (a) and (b) of sub-section 3 of section 34 on that very day in making enquiries in the matter whether the document was executed by the persons by whom it was purported to have been executed also satisfied himself about the identify of......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. ...... 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. ......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
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