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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. ......ution should have started 14 different cases on the allegations against the appellant. Section 233 of the Code of Criminal Procedure is as follows: 233. For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately..Category: Anti-Corruption Laws | Date: | Hits: 83
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. ...... from the Executive Engineer to the plaintiff showed that the Executive Engineer threatened to forfeit the entire security deposit of the plaintiff. The question whether interest is to be paid to a person or not is to be decided on the basis of the surrounding circumstances in a case and a decis..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......ourt, 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 was no person Jagadish by name at village Lakshmipasha and that she never settled the disputed land measu..Category: Property Law | Date: | Hits: 69
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. ......certificate given by this witness which is Ext. 1 in this case. This witness, however, further stated that by this remark he meant that the appellant could not bend his knee joint like other normal persons and that he could not run at all nor could he walk for a long time nor could be stand upon ..Category: Labour and Industrial Law | Date: | Hits: 118
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. ......business profits tax as he exercises in relation to income tax under the said Act: Provided that references in the said provisions to the assessee shall be construed as reference to a person to whose business this Act applies. (2) any reference in this Act to the Income T..Category: Fiscal/Taxation Law | Date: | Hits: 106
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. ...... in suit while the plaintiff and his two other brothers defendants 22 and 23 acquired 1/15 share each and the cadastral survey record was correctly prepared showing the respective share of the said persons. The said defendant further asserts that the plaintiff instituted another suit with regard ..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. ......nbsp; of the Limitation Act. To appreciate his argument I would like to mention here that the said Article 47 provides that the period of limitation is three years for institution of a suit by any person bound by an order respecting possession of immovable property made under the Cod..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......xt. 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 front of the house of the accused person, they wanted to take over its possession forcibly. On 28.3.68 accused Keramat Ali, Ayub Ali..Category: Criminal Law | Date: | Hits: 66
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. ......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. ..Category: Property Law | Date: | Hits: 82
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. ......rved as follows: "The learned Public Prosecutor appearing on behalf of the State has frankly conceded that the prosecution has not succeeded in proving that the present accused persons actually committed the murder of Jahiruddin by administering endrine poison to him, but he..Category: Criminal 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. ......bstance in the contention of Mr. Farid Ahmed and the said sub-section (1) of the section 5 of Bengal Tenancy Act is quoted below: "(1) "Tenure-holder" means primarily a person who has acquired from a proprietor or from another tenure holder a right to hold land for t..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....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. ......was the 2nd wife of Yasin Sheik, the father of the condemned prisoner Abdur Rashid, whom he married after the death of his 1st wife: that Maleka Khatun was found dead with bleeding injuries on her person in the courtyard of the house of Yasin Sheik at a place in between the 'northern 'bhiti' hut..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....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:......an represented by the Collector of Khulna 13 DLR 538 the facts are, that the Revenue Authority started proceedings under section 20(1) of the East Pakistan State Acquisition and Tenancy Act against a person for acquisition of excess lands. In that proceeding the lands belonging to his son was also i..Category: Civil Law | Date: | Hits: 137
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ......t the owner of a mechanically propelled vessel shall submit them to the Provincial Government for approval. (3) The Provincial Government may, by notification in the official Gazette, appoint any person or authority to exercise the powers under this section." 6. The Provincial Government has..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ......he port and is not private property. (2) The owner of any such timber, raft or other thing shall be liable to pay the reasonable expenses of the removal thereof, and if such owner or any other person has without lawful excuse caused any such obstruction or likely to affect such free navigati..Category: Others | Date: | Hits: 162
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......e nominees of petitioner No. 1 company. 3. Section 25(3) of the Arthik Protisthan Ain, 1993 provides that notwithstanding anything contained in any other law for the time being in force, a person is not eligible for appointment as a director of a financial institution if he is already a ..Category: Business or Commercial Law | Date: | Hits: 106
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......werful than the formal ones. At the time of national crises, the judiciary cannot overlook it or become a mere onlooker. Only the spineless or the utterly indifferent can do so. And such spineless persons cannot be judges. We really do not need such spineless men as judges. There were also some ..Category: Criminal Law | Date: | Hits: 75
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ...... of the Code of Civil Procedure in the High Court Division was incompetent. 5. It is well-settled that the District Judge acting as an Election Appellate Tribunal under the Ordinance is a persona designata and that his decision is revisable under section 115 of the Code of Civil Procedu..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... 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.......ny. Pursuant to a decision of the Government to transfer the nationalised industries owned by the Bangladeshi nationals they had the company transferred to them. The properties of the company and the personal properties of the heirs of late Abdus Sattar were, however, collusively sold to defendant N..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....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. ...... February 3, 1999. The Negotiable Instruments (Amendment) Act, 1994 (XIX of 1994), Sections 138 & 141 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A In order to make a person liable under section 138 of the Act the payee has to comply with the requirements under that ..Category: Business or Commercial Law | Date: | Hits: 145
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