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Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......e was defective. This contention was also taken before the learned Judges of the High Court who observed that the trial Court had drawn attention of the accused- petitioner to every material in the evidence against him and there was no defect in the examination of the accused. This contenti..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
.... the case of Nimoo Pal Mazumder Vs. The State, reported in A.I.R. 1955, Calcutta 559, where though a statement alleged to have been made by the deceased two days prior to his death was found to be inadmissible, it was sought to be utilised to furnish a background .or indeed a motive for the crim......appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......hed and thereafter she filed a Petition for Special leave to Appeal before the erstwhile Supreme Court of Pakistan which granted the Leave Prayed for, for consideration of the question whether the evidence on record, even if it is left unrebutted, would justify the order of commitment of the app..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......th the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ...... Idris Pandit gave him a dagger blow and when he rolled down in the canal some other accused persons also assaulted him and that the accused persons also caused injuries to Tajul Islam. In his evidence he stated that as he was going to Kaliatoli Bazar for marketing on the date of occurr..Category: Criminal Law | Date: | Hits: 39
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......e under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ...... some one else could not be ruled out and that the charge of murder against the prisoner was not proved beyond reasonable doubt. 7. In this case leave was granted for the examination of the evidence for the purpose of dispensation of justice. So Mr. Rashed took us through the evidence. T..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......ent of the High Court Division is set aside and those of the Courts below are restored. Ed. ......ne year from the said dispossession, was not accepted by the lower Appellate Court, because, the plaintiff's possession could not be proved by his witnesses. The lower Appellate Court accepted the evidence of the witnesses of the defendants who proved that defendants are in actual possession of ..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......the judgment of the High Court Division is not the proper judgment, of reversal, inasmuch as the findings of the Company Judge have been reversed on non-consideration of important pieces of the evidence on record the submissions of the learned Counsel Merit consideration." ..Category: Business or Commercial Law | Date: | Hits: 101
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......the question of annulment of any Kol-karsha, on plaintiffs' purchase of the karsha in Rent Execution case No. 32 of 1942, did not arise. But when the defendants led unchallengeable evidence, both oral and documentary, showing the creation of the Kol-karsha under Ext. B by Ja..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......re restored. No order as to cost. Ed. ......it was created for a legal necessity and that whatever title the plaintiffs got it was extinguished by adverse possession since 1943. 4. The learned Subordinate Judge on consideration of the evidence on record decreed the suit by his judgment dated August 15, 1964 in preliminary form ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ...... In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......ives in Laktora Tea Estate with his family. 4. Respondent Ameenur Rashid Chowdhury is the Editor, Printer and Publisher of Weekly Jugabhery (in Bengali) and Eastern Herald (in English). The evidence discloses the appellant and respondent are men of position in Sylhet Town and both a..Category: Criminal Law | Date: | Hits: 77
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......fore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......17 of the Act, the learned Judge endorsed the view of the Additional District Judge with the following observations: "The pre-emptor denied to have filed the said petition. In his evidence he has evidently made a clear statement disclaiming the petition Ext. C. In the circumsta..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......is also Reported in: 33 DLR (AD) 305. ...... And as such the separation is allowed as suggested and proposed by the T.D.R." 8. The trial court noticed that this Ext. D had been acted upon by the parties. This finding is based on the evidence of P.W 8, Tahsilder who deposed that the jama of Rs.5/1/-annas was divided into two jamas&m..Category: Property Law | Date: | Hits: 48
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......A decree in a partition suit is an instrument of partition which is chargeable with stamp duty under article 45 of the Stamp Act, 1898, and unless it is duly stamped the decree is not admissible in evidence as provided in section 35 of the Stamp Act. The Privy Council held in Ram Rattan vs. ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....eturns or a consolidated statement of Income would be examined in the light of the wealth statements. It after taking into consideration the personal expenses and in the case of existing Assessee inadmissible expenses which were not allowed at the time of the original assessment, the income tax ......cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ...... Income-tax Act and all the provisions of the Act will apply accordingly. The penal provisions of M.L.R 32 will not, however, be invoked in such cases. (d) where the income-tax authorities have evidence to show that the declaration (s) made be the assessee under this Regulation are false the..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......leged left-out heirs of Barku had a subsisting right of pre-emption." 11. Mr Anil Chandra Sarker learned Advocate for the appellant bat contended that it was for the pre-emptor to lead evidence showing that the left-out co-sharers had lost their interest in the land in question by tr..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is required to see is whether the Will is duly executed and if there is evidence to this effect the court will grant the probate. It is not the concern of the probate court..Category: Property Law | Date: | Hits: 80
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......ecution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......'s opinion death was due to shock and haemorrhage as a result of both the Injuries which were ante, mortem and homicidal in nature. 5. Material facts found by the Special Martial Law Court on the evidence led by the prosecution are that the victim Saleha was married to appellant Kh. Ehteshamuddl..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......in witnesses for proving his innocence. 4. The respondent’s grievances were that the Screening Board did not examine any witness excepting his father, nor was he supplied with any copy of the evidence recorded by it. Further, the Board directed an enquiry by the District Anti-Corruption De..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ...... Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ...... that the Tribunal could not direct for re-hearing of the case, and as provided under the Statute, should have adjudicated and decided the case fully and finally, if necessary after taking further evidence in the matter. 2. The facts, in short, necessary for proper appreciation of the con..Category: Constitutional Law | Date: | Hits: 153
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......he power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......ure of any person 'authorised by this section to administer an oath in testimony of any oath, affirmation, affidavit, or act being administered, sworn or done by or before him, shall be admitted in evidence without proof of the seal or signature being the seal or signature of the person, or of t..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......aside. Judgment and order of the lower Appellate Court are restored. Ed. ......amely whether the petitioners were the owner of the contiguous lands and whether the application was barred by limitation. On both the points are learned Munsif found, on consideration of the evidence, in favour of the pre-emptors. On the question of defect of parties the learned Munsif ob&..Category: Property Law | Date: | Hits: 73
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