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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....... in so far as sub-section (4) of section 339C of the new Act is concerned. It will apply to pending cases. 7. It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991; a fresh period ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... a regular allottee of the Government of an abandoned property since July, 1972. All these facts stare in the face and we have no hesitation in finding that the High Court Division erred in law in holding that there was no formation of opinion by the Government that the suit property was an aban..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... contended that the same did not exist and as, such, could not be a subject matter of partition. He further pointed out that by an amicable arrangement with the plaintiff he obtained some specific holdings and plots in these properties. In respect of the 'Ja' schedule, he did not offer any speci..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....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. ......itled to benefit of doubt which is not as of grace but as of right PW 6 Abdul Hakim in his cross-examination on behalf of the accused Abdul Gani, clearly says, "Abdul Gani declared that he was holding rent money and that he was being unnecessarily harassed." This important piece of evid..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... 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. ......ement to hold the enquiry. This view finds support in the case of State vs. Ali Ahmed and another 16 DLR Dacca 558 and in the of Ghulam Rasul vs. Emperor AIR 195, Pesh. 1. No objection against the holding of the enquiry by the said Magistrate was also taken by the accused during or after the co..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... 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. ......favour and the Court executed the deed of lease, Exhibit 1 (a) in his favour. The further case of the plaintiff was that prior to the execution of exhibit l(a) by the Court and during the period of holding over after the expiry of the period of the original lease, he let out the premises to the d..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ent after partition and separation. (II) Whether in the facts and circumstances of the case viz, oral partition of Joint Family properties, separate possession and separate enjoyment of agricultural income in definite shares by the members, separate residence, separate funds, the Hin......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
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......s also drawn our attention to the grounds taken in the memorandum of cross objection filed by his client. Ground No. 1 thereof reads as follows: "For that the court below erred in holding plaintiff Respondent had agreed to waive his claim provided he gets his hut No.2 without a..Category: Property Law | Date: | Hits: 59
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. ......se under section 347 of the Code of Criminal Procedure he must follow the procedure under Chapter XVIII of the Code. In the case of Emperor vs. Asghar and other, 37 CrPC 337, the Magistrate who was holding an inquiry under chapter XVII of the Code examined four witnesses by the prosecution out of..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. ......der to appreciate the respective contention, it is necessary to quote the provisions of sub-sections (1), (4) and (6) of section 96 of the Act. "96. (1) if a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four m..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. ...... severe as to reach the bone underneath as in the present case. The wound will not be also uniform in all respects as in the present case." The grounds given by the doctor PW 5 for holding the view that the injury was homicidal are so strong and reasonable that it rules out the ..Category: Criminal Law | Date: | Hits: 124
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. ......refused by the appellate Court below. Mr. AM Mahmudur Rahman, the learned Advocate appearing for the opposite party Nos 1 and 4, submits that the appellate Court below has come to a finding or fact holding that the petitioner failed to prove a prima facie case with regard to his title and possess..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....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. ......spense with the element of mens rea or criminal intention in regard to an offence of criminal misconduct." 17. It is, therefore, apparent that the trial Court committed a grave error of law by holding that the words "pecuniary advantage" were substituted for mens rea and the mere fact that th..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. ......ng the proceedings. The SDO accordingly, on 3rd February, 1970 directed the receiver to stay granting of lease of the char land. In spite of that the Circle Officer, it was contended took steps in holding auction for granting lease of the char land. Thereafter the added respondents moved the Dep..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....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. ......ns, inter alia, that the plaintiff was entitled to get the said amount which accumulated as rents at the monthly rate of Rs. 22/-from the month of Falgoon, 1365 BS to the month of Magh, 1372 BS for holding No. 113, Quaid-e-Azam Road, Narayanganj. In the said suit the defendants 1, 3 and 4 filed ..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. ......rder Exhibit dated 25.9.62 directed the Project Director to review the cases, as he had no jurisdiction to act as an Arbitrator in the matter. In our opinion, the Chief Engineer, though an Officer holding a superior rank to the Project Director had no jurisdiction to set aside or question the aw..Category: Others | Date: | Hits: 98
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....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. ......his order of the learned Commissioner has been challenged by the workman. 6. Mr. Aziz, the learned Advocate for the appellant, has contended that the learned Commissioner has erred in law in holding that as the appellant can still stand a while and also can walk a short distance, so the pe..Category: Labour and Industrial Law | Date: | Hits: 118
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. ......ssed in the said proceedings is barred under the provision of Article 47 of the Limitation Act. The learned Advocate strenuously contends further that the learned Subordinate Judge was in error in holding that the suit at the instance of the plaintiff 1 who was party to the proceedings under sec..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......it. Against that decision this second appeal has been filed by the plaintiff. 4. Mr. Rouf, appearing for the plaintiff-appellants, has urged that the learned Subordinate Judge was totally wrong in holding that the award, Ext 6 obtained by the plaintiff in the DS Board proceeding is binding on him..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... 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. ...... rent receiving interest by the Government the plaintiffs suit is not maintainable in accordance with law. 4. On the above pleadings the suit was tried and disposed of by the learned Munsif holding, inter alia, that the plaintiff acquired interest by purchase in the revenue sale and the d..Category: Property Law | Date: | Hits: 67
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