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Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... 4. The plaintiff’s suit was contested by the defendants by filing two sets of written statement. Defendant No. 1 in his own written statement contended that lot No. 1 in 'Ka' schedule land belonged to his father Jamiruddin. Lot No. 2 in 'Ka' scheduled property also belonged to his f...... lower appellate Court are affirmed. Ed. ......e in the property described in schedules 'Gha' 'Cha and 'Uma'. So far as the 'Jha' schedule property is concerned it was agreed in the course of the suit that this should be kept outside the suit, as all the persons interested therein were&nb......Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred to- Hames and another vs. Hickson AIR 1946 PC 156: Kumbhan Lakshmana and ors. vs. Tangirala Venkateswarla 2 DLR (PC) 83; Durga Prasad and another vs. Ghanshiam Das and oth..Category: Property Law | Date: | Hits: 51
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... to live in- separate mess and in a separated homestead. Parashullah Fakir lived with his younger son Iman; Parashullah Fakir had no property except the homestead. Iman acquired about six bighas of land by cultivating others land on barga. He left behind his landed property and a sum of Rs. 1500...... Presents: Nurul Islam J. Habibur Rahman J. State............ Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino a......ir quarrelled with his 'father Afsar, left the latter's house with his wife and lived with his grand father Parashullah Fakir. Accused Lutfor Fakir used to work for Parashullah Fakir and expected that he would be given some property by his grand father. Accused Lutfor Fakir got a mental shock wh......me Court High Court Division Criminal Revisional Jurisdiction Presents: Nurul Islam J. Habibur Rahman J. State............ Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule to the plaint. 2. The case of the plaintiffs, in...... the case, there will be no order as to costs. Ed. ......10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule to the plaint. 2. The case of the plaintiffs, in short, is that the lands of Patta No. 47/2 belonged to them and their co-sharers and by amicable partition amo...... Ali Chowdhury and others..............................Respondents Judgment 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..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
...., is rather severe. My attention has been drawn to the evidence of the Investigation Officer (PW 9) who has stated in his cross-examination that he went to the locality and saw the kalai land of the accused Safar Ali to the north west of PO at a distance of 150 cubits and also saw the......PC) the sentences of two months and one month shall run consecutively. Ed. ......afar Ali has been further convicted under section 324 of the Code and sentenced to pay a fine of Rs 200.00, in default, to undergo rigorous imprisonment for 3 months. Further, it has been ordered that the imprisonment of the petitioner No. 1 Safar Ali in default of payment of fine will run conse......ddin and others vs. Crown 8 DLR Dacca 95; MFN Rewail vs. State 8 DLR Dacca 589; Amir Hossain Talukdar and others vs. Crown 9 DLR, Dacca, 71. Lawyers Involved: NA Rouf, Advocate—For the Petitioners. Not represented- State. Criminal Revision Case No. 152 of 1969. ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....ent for the premises. 4. The defendant No. 2 in his written statement denied the title of the plaintiff to the premises in suit. His case is that the plaintiffs lease expired in 1953 and the landlady Bimala Bala entered into possession and let out the premises to late Gajanan Marwari, the...... Present: TH Khan J 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......ashad Lai Singha Rao vs. Sarahoni Coal Concern Ltd. and others AIR (1937)(PC)251 corresponding to 64 IA 311; Kesoram Poddar vs. Banamali Dey and ors. AIR 1927 Cal. 141 and Gajadhar Lodha vs. Khas Mahatab Colliery Co. and ors. AIR 1959 Patna 562 ref. Lawyers Involved: DC Bhattacharje......din Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; Kumar Krishna Prashad Lai Singha Rao vs. Sarahoni Coal Concern Ltd. and others AIR (1937)(PC)251 corresponding to 64 IA 311; Kesoram Poddar vs. Banamali Dey and ors. AIR 1927 Cal. 141 and Gajadhar ..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....t Syed Mohd. Idris Ali the predecessor of the plaintiff and the defendants was the sole owner in possession of the homestead property described in schedule 1 and also the 3 plots of the cultivable lands described in schedule 2 to the plaintiff for a long time. Syed Md. Idris Ali was a renowned '..................Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers...... 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Mohd. Idris Ali the predecessor of the plaintiff and the defendants was the sole owner in ......bsp; Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involved: Nasiruddin Chowdhury — For the Appellant. Habibur Rahman — For the Respondents. Appeal from Original D..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....p; TH Khan J.- This revisional application arises out of a pre-emption proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act, 1951, for pre-emption of 1.49 acres of lands out of CS plot Nos. 1224, 1225 and 1226 of Mouja Kulbaria with PS Jhenidah. It is directed ag...... 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. Cases Refe......Act, to join in the said application and their prayer was allowed. These two co-applicants are the present petitioners 2, 3 respectively. 3. The pre-emptor Bijan Bala Chowdhurani's case was that the land under pre-emption originally belonged to tenant and the same was held under the landl...... 40 CWN 1023; Abdul Aziz. Khan vs. Lalit Mohan Banerji 54 CWN 442; Ajit and others vs. Hacharuddin Prodhan PLD 1966 (Dacca) 198. Lawyers Involved: Nizamuddin Haider—For the Petitioners. Latifur Rahman—For the Opposite Party Nos. 1-2. Civil Rule ..Category: Property Law | Date: | Hits: 47
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....versing the decision of the learned Munsif. 2. The petitioner filed the aforementioned suit praying for permanent injunction to restrain the defendant opposite-parties from entering into the land in suit alleging, inter alia, that 5 acres of land including a building and a tank were acqui......bsp; Vs. Hatem Mondal and others ............Opposite Parties Judgment November 5th, 1970. Cases Referred: SN Gupta & Co vs Sadananda Ghosh & others (1959) 11 DLR 470; Jamman M......unsif. 2. The petitioner filed the aforementioned suit praying for permanent injunction to restrain the defendant opposite-parties from entering into the land in suit alleging, inter alia, that 5 acres of land including a building and a tank were acquired by him on the basis of an unregis......ant 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, Advocate—For the Petitioner. AM Mahmudur Rahman, Advocate— For the Opposite Party Nos 1 &4. ..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....red to the decision of the Privy Council in the case of Srinivas Mall vs King Emperor 51 CWN 900. In the aforesaid case their Lordships agreed with the view, expressed by the Lord Chief Justice of England in the case of Bread vs. Wood in the following terms: "It is in my opinion of the utmost...... Court Division Criminal Appellate Jurisdiction Present: Abdullah Jabir J Aminul Islam………….Appellant Vs The State…………..Respondent Judgment June 5th, 1970. Cases Referred: Sk. Mujibur Rahman & others vs State 15 DLR 549 PLD 1964 Dac 330; Fakku Mia al...... sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in default, to suffer rigorous imprisonment for one and a half month more. 2. The prosecution case is that while the appellant was serving as the Sub-divisional Officer of Sadar Jessore he had domain ove......Judgment June 5th, 1970. Cases Referred: Sk. Mujibur Rahman & others vs State 15 DLR 549 PLD 1964 Dac 330; Fakku Mia alias Motahar All vs. The State 10 DLR 26; Srinivas Mall vs King Emperor 51 C.W.N 900. Lawyers Involved: Abdul Aziz with Latifur Rahman—For the Appellant. Md. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
.... Bakarganj." 2. The petitioner's case is, that during the settlement operation in the years 1903-1904, 1511.40 acres of land of touzi No. 2694 of the Collectorate of Bakarganj which belonged at that time to "Tagore......sum-ul-Hakim J Fazle Munim J Abdul Hamid Howlader and others.....Petitioners Vs. Province of East Pakistan ..............Respondents Judgment &nb...... January 27th, 1971. Lawyers Involved: Tufail Mahammad Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965 (SC); Lawyers Involved: DC Bhattacharjee and SS Haider. Advocates — For the Petitioners. Ruhul Islam, Attorney-Gen...... Lawyers Involved: Tufail Mahammad Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965 (SC); Lawyers Involved: DC Bhattacharjee and SS Haider. Advocates — For the Petitioners. Ruhul Islam, Attorney-General, AM Khan Chowdhury and Mr. Khan Advocates ..Category: Property Law | Date: | Hits: 81
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. ................Appellant Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970. Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. ...... at the same rate. In item, No. 1 the work was required for an area of 17,400 sft. in item No. 2 the work was required at about 38,160 rft and with regard to item No. 3 it was about 11105 numbers that were required. It was required that the work was to be executed by 15.5.61. The plaintiff compl......1970. Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain an..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
.... rendered on 4-1-63 in the aforesaid rent suit purported to have been brought by Jagadish Bhattacharya and Parul Bala Debi for alleged arrears of rent of Rs. 19.00 only in respect of 7.56 acres of land appertaining to different Khatians, shown as held in tenancy right under them, by the present ......ent: TH Khan J Mofazzal Molla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitar......under section 151 of the Code of Civil Procedure. 2. The decree set aside by the impugned order was rendered on 4-1-63 in the aforesaid rent suit purported to have been brought by Jagadish Bhattacharya and Parul Bala Debi for alleged arrears of rent of Rs. 19.00 only in respect of 7.56 a......r 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. Civil Rule No. 1324..Category: Property Law | Date: | Hits: 69
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
.... 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 Aziz. PW 3 Tajambar Biswas, PW 4 Kanchan, PW 6 Hat......Ed. ......ekandar under section 324 of the Pakistan Penal Code and sentencing each of them for a further period of six months has also been upheld. 2. The case for the prosecution briefly stated is, that CS Plot No. 9421 of Mouza Joinkati, PS Patuakhali is under the possession of PW 1 Abdul Aziz. O...... August 21st, 1970. Cases Referred to- Emperor Vs. CA Mathews, AIR 1929 Cal. 822. Lawyers Involved: Abdur Rasheed with ATM Afzal..Category: Criminal Law | Date: | Hits: 82
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....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. ......; Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of......d on the same day an order of assessment was made. The petitioner having felt aggrieved by the order went up to the Income Tax Tribunal, Dacca Branch, Dacca on appeal and the Tribunal having held that the impugned order of assessment had been made beyond the period of limitation, allowed the app......ioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....irs of the other original owner of Jagat Chandra Basak. 1/3. 3. The suit was contested by defendant No. 18 who filed the written statement. His contention, inter alia, is that all the lands excepting the homestead had been partitioned by metes and bounds and the cadastral survey rec......l abide the result. Ed. ......Suit No. 12 of 1959 by Mr. A K M Azizul Huq, Munsif, 2nd Court, Chandpur on 12th April, 1960. 2. The plaintiff instituted the aforesaid suit for partition alleging, inter alia, that the property mentioned in the Ka and Kha schedules to the plaint belonged originally to three b......hagwanu Kunwar and another vs Mohan Singh 29 CWN 1037 (PC); Bhagoji vs Bapuji ILR 13 Bom. 75; Negeshwar Baksh Singh vs Ganesha 47 IAS. Lawyers Involvrd: Moinul Huq—For the Appellant. Haradhan Sarkar—For the Respondents. Appeal From..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....name of the defendant No. 1 Mvi Serajul Haq Mukhtiar is a fraudulent and void document. 2. The short facts relevant to the case of the plaintiffs may be stated as follows: The bhiti land as described in schedule 'Ka' to the plaint along with some other lands originally belonged to......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......58 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same and also for declaration to the effect that the kabuliyat dated 6.9.46 in the name of the defendant No. 1 Mvi Serajul Haq Mukhtiar is a fr......llah & 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 another 120 1C 171; Ram Lai vs. Thakurdin and others 66 1C 678; Mr..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
.... 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu under the registered deed Ext. 1. Since then the complainant's father possessed the disputed land. After his father's death the complainant is possessing the same. As the disputed land is in f......bsp; Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 1972. Lawyers Involved: A. Wahab—For the Petitioners. Humayun Habibur Rasul —For the Opposite Party. Crimin......n J. Keramat Ali and others................Petitioners Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 1972. Lawy......nbsp; Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 1972. Lawyers Involved: A. Wahab—For the Petitioners. Humayun Habibur Rasul —For the Opposite Party. Criminal Re..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....lity of the act he was doing or what he was doing was wrong. If the accused was conscious that the act was one which he ought not to do and if that act was at the same time contrary to the law of the land, he is punishable. The standard to be applied is whether according to the ordinary standard ado......t: A Hakim J K Hossain J State...................................Petitioner Vs. Shiraj Ali.................................... (Condemned Prisoner) Judgment January 26, 1971. Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 Lahore 474, PLD 1960 Lahore 111. Lawyers In......peal No. 563 of 1970. Judgment Abdul Hakim J.- This judgment will dispose of the Death Reference No 15 of 1970 and the connected appeal No. 563 of 1970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Johar prayer, accused Shira.......................Petitioner Vs. Shiraj Ali.................................... (Condemned Prisoner) Judgment January 26, 1971. Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 Lahore 474, PLD 1960 Lahore 111. Lawyers Involved: A Talukdar with Daliluddin Ahmed—For Condemn..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....suit for declaration of title and for recovery of khash possession. The case of the plaintiff is that his mother Kula Kamini who has been made second party defendant in the suit, was the owner of the lands recorded in TS No. 48, Mouza Rasulpur, Plot No. 311 with the area of 66 acres. Kula Kamini as ......ompensation is set aside. There will be no order as to costs in this appeal. Ed. ......this appeal. Ed. ......tion is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....nbsp; This appeal is at the instance of the defendants and it arises out of a suit for declaration of plaintiffs title and for khas possession by evicting the defendants from the lands in suit measuring 2.72 acres recorded in RS Khatian No. 258 appertaining to Jote No. 138 of M...... Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja Mia and others vs Sunity Bhusan Sen in 55 CWN (3 DLR) 155; Kalikesh B......a Narain Roy Chowdhury vs Kiran Chandra Roy reported in ILR 46 Cal 730; Najemodeen Moonshi vs Syed Hasan Hyder Chowdhury (1905) 9 CWN 852 ; Wahid Ali vs RahmatAli (1908) 12 CWN 1029, , Bisweshwar Chatak vs Fetteh Hussain (1905) 10 CWN XXIV; Mathura Nath Ghosal vs Ratneswer Sen (1914) 231C 917; A......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 CWN 852 ; Wahid ..Category: Property Law | Date: | Hits: 67
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