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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. ......d beyond reasonable doubt has not been discharged. Reference may also be made to the decision in the case of Osimuddin Sarkar vs. The State 13 DLR 197 = PLD 1961 (Dacca) 798. In the said case Mr. Justice Hamoodur Rahman (as his Lordship then was) held: "Some of the prosecutio..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. ...... 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
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ..Category: Criminal Law | Date: | Hits: 69
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....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. ...... 6. The application of the assessee for referring the above questions to this Court having been rejected by the Tribunal the assessee approached this Court. Mr. Imam Hossain Choudhury and Mr. Justice BA Siddiky (as their Lordships then were by their judgment dated 8.6.1962 accepted the appl..Category: Fiscal/Taxation Law | Date: | Hits: 98
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
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. ......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)
....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. ....... (Cal) 607, Gourhari Gope vs. Alay Gopini 29 ILR Cal. 724. All these decisions are decisions of the Division Benches. In the case of Ujir Sheikh Vs. Syed Ali and others (supra), their Lordships Mr. Justice Chitty and Mr. Justice Beachcroft have observed: "So far as the questio..Category: Criminal Law | Date: | Hits: 66
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....ection, he has referred 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 o......, he has referred 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..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
.... District Magistrate curtailing such powers within certain territorial limits. (See the observations of Inamullah, J. sitting with Wahiduddin Ahmed, J in the case of Bashir Ahmed and others vs. The Chief Commissioner, Karachi and others PLD 1962 (Kar) 249. Similar also the observation of Chief J......ns of Inamullah, J. sitting with Wahiduddin Ahmed, J in the case of Bashir Ahmed and others vs. The Chief Commissioner, Karachi and others PLD 1962 (Kar) 249. Similar also the observation of Chief Justice Beaumont sitting with NJ Nanda J. in the case of Gulabrao Laxmanrao Chandgude vs. Emperor A..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. ......on of section 10 of the Code of Civil Procedure. If I need any decision in this regard, I may refer to some of them. In the case of Ch. Afzal vs. Mr. Sardar Begum and others AIR 1949 Lahore 69, Mr. Justice Cornelius (as his Lordship then was) held : "Plainly there are substanti..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
.... the plaintiff after deduction of any amount due to the defendant. It was pointed out accordingly, that the suit was malafide and contained false allegation. The alleged award was cancelled by the Chief Engineer subsequently and accordingly, the plaintiff was not entitled to his relief. 6......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....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. ......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)
....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. ......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
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......nus of proving the said facts. On this point reference may also be made to the decision in the case of Perumel vs Central Government of Pakistan 15 DLR (SC) 58. In the said case, Mr. Justice BZ Kaikaus observed as follows: The next point is as to whether any par..Category: Property Law | Date: | Hits: 62
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. ......t jurisdiction. In this connection Mr. Rab has referred to the decision in the case of Malik Manzoor Elahi vs Lala Bishambar Das and another 16 DLR (SC) 246; PLD 1964 (SC) 137. In the said case Mr Justice Hamoodur Rahman, as his Lordship then was, observed: "It further seems t..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....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. ......oposition of law. 15. We shall consider this point with reference to the cases both for and against the above proposition of law. In the case of Indur Chand vs. Emperor ILR 42 Cal 1094. Mr. Justice Wood Roofe, who was the 3rd Judge to whom the case was referred to on account of difference..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
.... Vs Province of East Pakistan represented through the Chief Secretary Government of East Pakistan .......Respondents Judgment N......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 76
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. ...... house and one lease covering, the entire lands gave the said dwelling house a permanent character, although there was a tin shed on it and that the same was protected under the 4th exception. Mr. Justice Hamoodur Rahman, as his Lordship then was, and Ali J also held that the dwelling house shou..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....he kind of legal assistance that is contemplated by the rule. The trial is, therefore, bad and the consequent conviction and sentence are unsustainable." In view of this fact the Chief Justice Munir, further observed: "Counsel who accepts a dock-brief and for ......d of legal assistance that is contemplated by the rule. The trial is, therefore, bad and the consequent conviction and sentence are unsustainable." In view of this fact the Chief Justice Munir, further observed: "Counsel who accepts a dock-brief and for fee pa..Category: Criminal Law | Date: | Hits: 154
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