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Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6....... in so far as sub-section (4) of section 339C of the new Act is concerned. It will apply to pending cases. 7. It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991; a fresh period ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... a regular allottee of the Government of an abandoned property since July, 1972. All these facts stare in the face and we have no hesitation in finding that the High Court Division erred in law in holding that there was no formation of opinion by the Government that the suit property was an aban..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... the fund may be belonging to the entire family. In this case, there was evidence that some cash was left by the father of the parties and a portion of the same was utilised for the purchase of the disputed property in defendant No. 1's name. The learned Judge directed that the property under suc...... contended that the same did not exist and as, such, could not be a subject matter of partition. He further pointed out that by an amicable arrangement with the plaintiff he obtained some specific holdings and plots in these properties. In respect of the 'Ja' schedule, he did not offer any speci..Category: Property Law | Date: | Hits: 51
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. ......itled to benefit of doubt which is not as of grace but as of right PW 6 Abdul Hakim in his cross-examination on behalf of the accused Abdul Gani, clearly says, "Abdul Gani declared that he was holding rent money and that he was being unnecessarily harassed." This important piece of evid..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....fession made by the accused before the witnesses of doubtful integrity should not be believed unless corroborated by exceptional circumstances. These are well-known principles of law which are not disputed by Mr. ATM Masud, the learned Deputy Legal Remembrancer, appearing on behalf of the State.......ement to hold the enquiry. This view finds support in the case of State vs. Ali Ahmed and another 16 DLR Dacca 558 and in the of Ghulam Rasul vs. Emperor AIR 195, Pesh. 1. No objection against the holding of the enquiry by the said Magistrate was also taken by the accused during or after the co..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....vocate for the appellant in assailing the judgment under appeal is, first, that having regard to the "admitted case that the defendant No. 1 was a tenant under the plaintiff in respect of the disputed premises, and that the defendant No. 2 was a sub-tenant under the defendant No. 1 in respe......favour and the Court executed the deed of lease, Exhibit 1 (a) in his favour. The further case of the plaintiff was that prior to the execution of exhibit l(a) by the Court and during the period of holding over after the expiry of the period of the original lease, he let out the premises to the d..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......s also drawn our attention to the grounds taken in the memorandum of cross objection filed by his client. Ground No. 1 thereof reads as follows: "For that the court below erred in holding plaintiff Respondent had agreed to waive his claim provided he gets his hut No.2 without a..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......se under section 347 of the Code of Criminal Procedure he must follow the procedure under Chapter XVIII of the Code. In the case of Emperor vs. Asghar and other, 37 CrPC 337, the Magistrate who was holding an inquiry under chapter XVII of the Code examined four witnesses by the prosecution out of..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....Nath Biswas his interest devolved on his father Lalit Kumar Biswas. Thereafter Lalit Kumar died leaving behind him a widow Harimati and a son Anil Kumar. These two persons sold away a share in the disputed property to the petitioner by a registered kabala dated 20.6.57, Exhibit A (I). The petiti......der to appreciate the respective contention, it is necessary to quote the provisions of sub-sections (1), (4) and (6) of section 96 of the Act. "96. (1) if a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four m..Category: Property Law | Date: | Hits: 47
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. ...... severe as to reach the bone underneath as in the present case. The wound will not be also uniform in all respects as in the present case." The grounds given by the doctor PW 5 for holding the view that the injury was homicidal are so strong and reasonable that it rules out the ..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....trate, 1st Class, Patuakhali on 26.11.68. On that very date, the complainant filed an application before the said Magistrate under section 522 of the Criminal Procedure Code for restoration of the disputed hut. The trying Magistrate passed the order for restoration of possession of the disputed ......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. ..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
.... was insane for about 30 years till the time of his death, and that he leaving 4 sons all of whom are residents of India and that the plaintiff petitioner has got no connection whatsoever with the disputed lands which are in their possession. They further allege that they were possessing the dis......refused by the appellate Court below. Mr. AM Mahmudur Rahman, the learned Advocate appearing for the opposite party Nos 1 and 4, submits that the appellate Court below has come to a finding or fact holding that the petitioner failed to prove a prima facie case with regard to his title and possess..Category: Civil Law | Date: | Hits: 100
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. ......spense with the element of mens rea or criminal intention in regard to an offence of criminal misconduct." 17. It is, therefore, apparent that the trial Court committed a grave error of law by holding that the words "pecuniary advantage" were substituted for mens rea and the mere fact that th..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....nt case records received with your memo No. forwarded to the CO (R), Bhola Mehendiganj PS for taking necessary action in the light of the order of the Additional Commissioner referred to above, the disputed new char which has appeared in the eastern bank of Tetulia river contiguous to a mouza Ch......ng the proceedings. The SDO accordingly, on 3rd February, 1970 directed the receiver to stay granting of lease of the char land. In spite of that the Circle Officer, it was contended took steps in holding auction for granting lease of the char land. Thereafter the added respondents moved the Dep..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....a, that the plaintiff was not the sole proprietor of the said holding, Momtaz Begum, wife of Nawab Mia alias Nanwarul Huq, Petitioner No. 3 and her mother and brothers have 4 annas interest in the disputed holding and that they had earlier filed Title Suit No. 114 of 1965 in the said 4th Court o......ns, inter alia, that the plaintiff was entitled to get the said amount which accumulated as rents at the monthly rate of Rs. 22/-from the month of Falgoon, 1365 BS to the month of Magh, 1372 BS for holding No. 113, Quaid-e-Azam Road, Narayanganj. In the said suit the defendants 1, 3 and 4 filed ..Category: Property Law | Date: | Hits: 86
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. ......rder Exhibit dated 25.9.62 directed the Project Director to review the cases, as he had no jurisdiction to act as an Arbitrator in the matter. In our opinion, the Chief Engineer, though an Officer holding a superior rank to the Project Director had no jurisdiction to set aside or question the aw..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....he 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 measuring 7.56 acres appertaining to several Khatians of Mouza Dhebadah, PS Lohagara,......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. ..Category: Property Law | Date: | Hits: 69
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....addy from 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,......; Habibur Rahman J.- This Rule is directed against the judgment passed by Mr. MS Rahman, Additional Sessions Judge, 2nd Court, Bakerganj-Patuakhali upholding the order passed by Mr. MU Chowdhury, Magistrate, 1st Class, and Patuakhali convicting the ..Category: Criminal Law | Date: | Hits: 82
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. ......his order of the learned Commissioner has been challenged by the workman. 6. Mr. Aziz, the learned Advocate for the appellant, has contended that the learned Commissioner has erred in law in holding that as the appellant can still stand a while and also can walk a short distance, so the pe..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....s common ground that section 34 of the Income Tax Act as adopted in the Business Profits Tax Act has not been modified by any Rules made under the Business Profits Tax Act. The respondents have not disputed the proposition that if the benefit of the subsequent amendment in section 34 is not avail......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
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