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State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....peatedly said to these witnesses in reply to their queries that he knew nothing about the whereabouts of deceased Dulal. Thereafter; accused Lutfor Fakir asked PW 1 Shaikh Elahi Baksh and PW 7 Gul Mohammad to come to a separate room. Accordingly PW 1 Sk, Elahi Baksh and PW 7 Gul Mohammad went in...... 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. ......d. ...... 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
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....4 IA 87; Sur Sundar Singh Majithia vs. The Commissioner of Income-Tax, CP and UP 1942 (10) ITR 457. Lawyers Involved: BN Chowdhury, Pradip Kumar Guha — For the Applicant. Mohammad Habibur Rahman — For the Respondent. Reference Case No. 9 of 1961. J......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......; Barman and others...........Applicants Vs. Commissioner of Taxation, East Pak. Dacca (now Director of Taxation, E. Pak. Dacca) .........ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....t of the petitioner was manifestly perverse and not based upon evidence on record. It may be stated incidentally that in the case before the learned Magistrate two persons by the name of "Abul Mohammad" were accused and one of them who along with Abdul Hamid was said to have assaulted B...... 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. ...... Presents: Abdullah Jabir J TH Khan J Abul Hossain and Abul Md.............Petitioner Vs. Amatu Md............................Opposite Party Judgment November 9th...... 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
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....n the night previous to the occurrence. He however, stated in his cross-examination that he did not hear any quarrel between the accused and the deceased in the night prior to the occurrence. PW 2 Mohammad Ali stated that the quarrel in the night prior to the occurrence took place among the fema......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. ......nbsp; Kasiruddin Sarkar @ Kasiruddin Fakir.................Appellant Vs. The State....................................................Respondent Judgment......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. ..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....efore, 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 and Ghazan and another vs. Mt. Bag Bhari AIR 1932......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. ......du .......................... Petitioner Vs. Sudhir Kumar Kundu and another……...Opposite Parties Judgme......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
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....Cases Referred: SN Gupta & Co vs Sadananda Ghosh & others (1959) 11 DLR 470; Jamman Mia vs Assistant Custodian of Enemy Property (1969) 21 DLR 562; Shahzada Muhd. Omar Beg vs Sultan Mohammad Khan and others (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Abdur Rahim, Ad......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. ......risdiction Present: Nurul Islam J Pronab Kumar Majumder ...................Petitioner Vs. Hatem Mondal and others ............Opposite Parties Judgment November 5t......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. ..Category: Civil Law | Date: | Hits: 100
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....ment January 27th, 1971. Lawyers Involved: Tufail Mahammad Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965 (SC); Lawyers Involved: DC Bhattac......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. ...... Presents: Maksum-ul-Hakim J Fazle Munim J Abdul Hamid Howlader and others.....Petitioners Vs. Province of East Pakistan ..............Respondents Judgment &n......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)
....alli of the waqf and in asking for possession of alienated property to be delivered to him in that status. There is also the point that mesne profits are sought in the second suit. The point that Mohammad Afzal is a duly constituted Mutwalli of the waqf forms no part of the contentions in the ......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. ......rt High Court Division (Civil Revisional Jurisdiction) Present: Nurul Islam J. Suriya Begum and others...........Petitioners Vs. Alimulla Mallik, and others……..Opposite Parties Judgment Ju......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)
....1 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. Idris Khan vs. Hajee Erfanuddin, 9 DLR 601; Suresh Chandra Sen vs. Jogesh Chandra Sen, 43 CWN 969; Lawyers involved: Syed Mohammad Ali—For the Petitioner. SMA Latif—For the Opposite Party No.1. ......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. ......osts. Ed. ......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
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
.... Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers Involved: Md. Nurul Huq and Mohammad Hassan — For the petitioner. AM Khan Chowdhury, Assistant Advocate General&md......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. ......latpur Jute Mills Ltd.........Petitioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, ......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
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....on case is, that the deceased Jahiruddin married, accused Amina Khatun some 8 or 10 years ago but they were not pulling on well and Amina Khatun used to live mostly in the house of her father Tofa Mohammad. Accused Soley alias Soleman who frequently used to visit Tofa Mohammad's hous......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. ......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. ......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
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
.... 1971. Cases Referred to- Chittaranjan Sutar vs. Secretary, Judicial Dept. 17 DLR 451, Malik Khizar Hayat Khan Tiwana and another vs. Mst. Zainab Begum and others, PLD 1967 (SC) 402, Mohammad Foaz and another vs. Birj Lall and another , 4IA 166, Sah Mukhun Lall Panday vs. Sah Koon......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. ...... High Court Division (Special Original Jurisdiction) Muksum ul- Hakim J. Fazle Munim J. Hasina Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Department, Registrati......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
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....; Shamsunnahar Salam and others………………………………………… Petitioner Vs. Mohammad Wahidur Rahman and others……………………&...... 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. ......dhury J Shamsunnahar Salam and others………………………………………… Petitioner Vs. Mohammad Wahidur Rahman and others………………&hell...... 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
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....vil Appeal No. 3 of 1996. (From the judgment and order dated 3-8-95 passed by the High Court Division in Civil Revision No. 2284 of 1995). Judgment: Mohammad Abdur Rouf J.- This appeal, by special leave, has been preferred against the judgment and ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......nbsp;: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. Th......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....de, done or taken in the public interest……..(12) Cases Referred to- Chandra Mohan vs. the State of Uttar Pradesh, AIR 1966 (SC) 1987; The State of Assam vs. Ranga Mohammad, AIR 1967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs....... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... Bimalendu Bikash Roy Choudhury J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..R...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ...... Present: ATM Afzal CJ Mustafa Kamal J Bimalendu Bikash Roy Choudhury AM Mahmudur Rahman J Chandan Mondal @ Kushal Nath Mondal and others……………………... Appellants Vs. Abdus Samad Talukder & others………………………... Respondents Judgment ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
....hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......e Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Ishaquddin Ahmed @ Md. Ishaquddin Ahmed……………………………………….. Petitioner
Vs.
Commandant, School of Armour and Centre, Bogra Cantonment, Bogra and others…… ……….......hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
..
Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant Vs. Mohammad Faruque ……………..Respondent Judgment October ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......bsp; Bimalendu Bikash Roy Choudhury J Government of Bangladesh and Ors ……………………….Appellant Vs. Mohammad Faruque ……………..Respondent Judgment ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....bsp; Lieutenant General Abu Saleh Mohammad Nasim (Retired), BB psc……………Petitioner Vs. ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......sp; Lieutenant General Abu Saleh Mohammad Nasim (Retired), BB psc……………Petitioner Vs. Bangladesh…………………….Respondent ......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ..Category: Employment/Service Law | Date: | Hits: 77
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....e are benami transactions and the question is who is the real owner, the actual possession or receipt of rents of the property is most important”. 13. In the case Ram Narain vs. Mohammad Hadi (1898) LR 26 IA 38 the Privy Council held that the factum of possession of the prope......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Shantosh Chandra Dey ……………….. Respondent Judg......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
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