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Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....Ws. Defence took some adjournments and on 20.1.69 one DW was examined. Thereafter, on 3.3.69 the learned Magistrate recorded an order that the evidence of 31 prosecution witnesses did not disclose any prima facie case under section 302 or 304 PPC against any of the accused persons but they discl......ay be stated at the outset that the point at issue in this case, namely, when the Magistrate after having framed charges under Chapter XXI of the Code of Criminal Procedure decides at a subsequent stage to take action under section 437 CrPC against some and acquits others of the charges should s......C was not raised or decided in any of the four cases cited. In the case of Panchanan Sarkar vs. Emperor AIR 1930 Cal. 666 it was simply emphasised that the Magistrate has power at any stage of the proceeding to decide that the case is one which he should not try himself but should commit to the ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....te parties Nos. 1 and 2, who are strangers to the jote, purchased the land under pre-emption by kabala dated 24th September, 1964 from Anil Kumar for a consideration of Rs. 1500.00 without serving any notice thereof to the petitioner. She for the first time came to know about the said sale on th......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. ......ule No. 79 of 1967. Judgment: 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-emp..Category: Property Law | Date: | Hits: 47
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....developing the said point the learned Advocate submits that the appellate Court below was wrong in arriving at his decision only on the basis that there was nothing on record to show that there was any family arrangement with regard to any joint family properties in West Bengal. His further subm......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. ......lay; (e) there must be a greater convenience in granting than refusing the injunction, and (f) equally efficacious relief must not be obtainable by any other usual mode or proceeding" 8. The learned Advocate for the petitioner has referred me to the case ..Category: Civil Law | Date: | Hits: 100
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....d lawyer. When there is a big navigable river, the area to eastern side of river Tetulia would fall within Bhola Sub-Division to be administered by SDO Bhola. Accordingly, henceforth unless any thing to the contrary as per the provisions of existing laws SDO Bhola would continue to admini......erfere in the affair. This order as well as other order of the Deputy Commissioner of the district has already brought .peace in the area and the same should not be allowed to be disturbed, at this stage unless some unimpeachable material and legal provisions are shown to the contrary. It is wel......visional Commissioner, Khulna Division. The Additional Commissioner, Khulna Division by his order dated 24.6.67 dismissed the appeal but directed the Revenue administration to initiate appropriate proceedings for early transfer of these chars from PS Mehendiganj to PS Bhola in the District of Ba..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....preciate this point it would be better if I quote section 10 of the Civil Procedure Code -which runs as follows: "10. Stay of suit.—No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously ......ion in the Money Suit praying for adding them as parties either as defendants or as co-plaintiffs to have an opportunity to realise their share of arrear rents in the selfsame Money Suit without wastage of time of the Court and also that of the parties concerned. In these circumstances, I feel i......f the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 1967 passed by the learned Munsif, 4th Court, Narayanganj refusing to stay proceedings of the said suit being Money Suit No. 12 of 1966 of his Court till the disposal of titl..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....ne item of work and there was no question of curtailing the three items and reducing the same into one and to reduce the rate accordingly. The plaintiff received payment of running accounts without any objection and, as such, waived his right in claiming payment on the basis of three different r......ady been undertaken and most of the work had already been completed. It was further pointed out in this letter that the plaintiff would suffer heavy loss if the rate is unilaterally changed at that stage. The plaintiff accordingly refused to accept the rate as per modified order and protested thi......ot competent in that case as he was a nominee of the jointly agreed Arbitrator who himself had no power to delegate such function. Moreover, all the parties were not notified about the arbitration proceedings itself. It was obvious, therefore, that the award in that case could not be sustained u..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....if at Narail, for setting aside the said compromise decree in the said Rent Suit No. 602 of 1962 of that Court, alleging, inter alia, that she neither filed the said rent suit, nor did she execute any power in favour of Mr. Ataur Rahman engaging him as her pleader. She further alleged that there......the alleged lawyers and the alleged parties in the petition for compromise. As already stated, the case is going back on remand; so I refrain from expressing any opinion on these questions at this stage. The trial Court, however, shall pay careful attention to these and similar other questions i......This Rule is directed against an order dated 20th August, 1966 passed by the learned Munsif, 2nd Court, Narail, district Jessore setting aside a compromise decree in Rent Suit No. 602 of 1962 in a proceeding under section 151 of the Code of Civil Procedure. 2. The decree set aside by the..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....e court of sessions to stand their trial, charging them under sections 366 of the Pakistan Penal Code. 5. The accused appellant pleaded not guilty to the charge. Although he did not adduce any oral evidence, he proved a Talaknama, Ext. A, to show that Sharifunessa had divorced her husban......t made in the committing Court and the evidence given in the trial court. It cannot be held to be axiomatic that the witness spoke the truth earlier when he goes back upon his evidence at a later stage. It may well be that he might have spoken the truth at a later stage ......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)
....obstructed the complainant party from reaping their paddy. The complainant party men thereupon attacked the accused persons and took away paddy from the said land. The accused persons do not claim any possession in plot No. 9425. The complainant has come up with a false case in order to save the......ground that he is dead. This view finds support in the case of Emperor vs. CA Mathews AIR 1929 Cal. 822, wherein a Division Bench of the Calcutta High Court observed that in warrant case until the stage provided for in section 256 is reached the accused has no right to cross-examine and conseque......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
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....impugned order of assessment had been made beyond the period of limitation, allowed the appeal on 13.12.63 and set aside the order of assessment. 3. Petitioner in Petition No 530 is M/s Company Ltd. Kushtia and the "chargeable accounting periods" are (1) 1.7.54 to 30.6.55 and (2......ion was extended in certain cases of escaped assessment and the competent authority was enabled to start proceedings for assessment or re-assessment under section 34 of the Income Tax Act from the stage next preceding the stage at which annulment, etc took place and that without the issue of a f......amely, (2B) and (2D) were added to section 34 of the Income Tax Act whereby period of limitation was extended in certain cases of escaped assessment and the competent authority was enabled to start proceedings for assessment or re-assessment under section 34 of the Income Tax Act from the stage ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....he plaintiffs thereafter made proper enquiries and obtained the certified copy of the kabuliyat which is dated 6.9.46. It is asserted by the plaintiffs that the pro-defendant No. 3 did never grant any lease in respect of the diputed premises in favour of the defendant No.l nor did he accept the ...... 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. ......is appeal. His contention is that the learned Subordinate Judge while considering the said point of limitation was not justified in considering that the order passed by the learned Magistrate in a proceeding under section 145 of the Code of Criminal Procedure on 26.4.55 was without jurisdiction...Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....sbelieved by the learned Subordinate Judge simply because the said lawyer was not examined. The learned Subordinate Judge first ought to have tested the statement made by the plaintiff whether it has any legal validity or not. If the plaintiff’s statement is that he received legal advice from his ......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. ......tiff. 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 and that Ext. 6 being an award of DS Board, the award Ext 6 had no lega..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
..... 12. Mr. Moktar Hossain, the learned Advocate appearing for the accused appellants, has argued that the conviction of the accused appellants for abetment of the substantive offence without any formal charge under sections 302/109 PPC against them is erroneous in law inasmuch as they were...... order we propose to pass we thought it was neither necessary nor proper to enter into a discussion of the evidence and accordingly we have refrained from expressing any opinion on the same at this stage. Accordingly, we allow the appeal, set aside the conviction and the sentence and direc......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
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
.... day. 5. The accused pleaded not guilty to the charge and asserted that he did not commit the murder of his step-mother Maleka Khatun. It was also asserted that the complainant did not know anything about the occurrence. The defence was that two days before the occurrence prisoner Abdur R......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. ...... witnesses and after completing, the investigation submitted charge sheet on the 1st March, 1968. He, however, could not secure the arrest of the accused as he was found absconding. The commitment proceeding was held in the Court of Mr. MA Mannan, Magistrate 1st Class, Dacca, who committed the a..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....es died subsequently leaving his widow Feroza Khatun. Feroza Khatun subsequently sold her interest to plaintiff No. 2. It was further pointed out in the plaint that the defendant No. 1 or 2 never had any possession in disputed property after its settlement with the plaintiff though the PS Khatian ha......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......ew of the fact that no consequential relief was prayed for in that suit, particularly because the defendant had obtained symbolical possession of the suit property against the plaintiff in an earlier proceeding and, as such, the taking of symbolical possession in such a case was held to have effecti..Category: Civil Law | Date: | Hits: 137
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....ved and unqualified apology for having written the Article where, he stated, he had not even remotely intended to give offence or to lower the image and dignity of the High Court Division and that any portion thereof which may be regarded as offending is the result of his ignorance and stupidity......ugh. He has already undergone the sentence till rising of the Court. His promotion has been withheld for four years. To keep his conviction standing will debar him from claiming promotion at every stage of his career and that will be too much to inflict upon him when he committed the offence at ...... I regret my stupidity and offer my sincerest apology to the Hon’ble Court.” 4. While the apology tendered by the editor and the printer/publisher was accepted, and the proceeding for contempt was dropped against them, the appellant’s prayer for mercy was turned..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings,...... 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. ...... writ- petitioners always represented to the Government that they were bonafide purchasers of land outside the acquired land. On 15-11-84 an inter-ministerial meeting was held with regard to the LA proceeding as above and it was decided, inter alia, that; (a) The whole areas under u..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for not entertaining the suits…….(13 & 14) Cases Referred to- Secretary of State vs Mask & Company, AIR 1940 PC 105; Abdur Rouf and others vs Abdul Hamid, 17 DLR (SC) 515; Federation of Pakistan ...... 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.......f sale or realisation under that clause, such taking over or transfer shall not be called in question in or before any Court; and no Court shall: (a) entertain any suit, application or other legal proceeding— (i) for a declaration that such taking over or transfer is illegal, ineffective or..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....n fifteen days of the receipt of the said notice. 7. Section 141 of the Act relates to cognizance of offence under the Act and reads as follows: 141. Cognizance of offence.— Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898)— (a) no Court shall......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... ATM Afzal CJ.- This appeal by leave arises out of a judgment and order dated 1st December, 1996 passed by a Division Bench of the High Court Division rejecting an application for quashing of the proceeding of CR Case No. 227 of 1996 pending against the accused-appellant in the Court of Magistra..Category: Business or Commercial Law | Date: | Hits: 145
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
...., all judgments and sentences and other orders passed, all acts and things done and actions and proceeding taken and/or continuing, subject to the decision of an appellate/revisional authority, if any, and all past and closed transactions, all before 16-6-1999 are hereby ratified and confirmed a...... 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. ...... not made in consultation with the Supreme Court before 16-6-1999 stand validated, and all orders made, all judgments and sentences and other orders passed, all acts and things done and actions and proceeding taken and/or continuing, subject to the decision of an appellate/revisional authority, i..Category: Employment/Service Law | Date: | Hits: 72
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