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Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ......ashir and that Alimannessa had died on 10.3.1975 and was buried at the Mohammadpur graveyard. 6. The petitioner contested the case without filing any written statement or adducing any evidence to disprove the claim of the respondents. 7. The petitioner’s case, how..Category: Property Law | Date: | Hits: 57
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. ...... ......ppeals. 11. Leave was granted to consider the submission of the appellant that the trial Court and the High Court Division fell into an error in not considering the facts, circumstances and evidence in the case properly, keeping in view the definition of “abandoned property” a..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... appellate Court are affirmed. Ed. ......edules. This order was complied with by the defendants 2 and 3 and the question of title was, accordingly, gone into in respect of these items also. 7. The trial Court after considering the evidence- and hearing arguments of the parties decreed the suit in a preliminary form in respect of..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. ......ingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......lsely implicated by the DAB Officers to maintain the charge against other accused Abdul Gani under section 165A of the Pakistan Penal Code. The learned Special Judge after considering the material evidence on record found the accused appellant Taru Mian guilty under section 161 of the ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....s voluntary and true. We thus do not find any substance in the contention of Mr. Latifur Rahman; the learned Advocate for the accused-appellant, that the judicial confession made by the accused is inadmissible in evidence on the ground that the accused made such statement under any threat or coe......tion under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......hese injuries were caused by accused Lutfor Fakir. 5. The prosecution case is mainly based on extra-judicial and judicial confessions which are said to be supported by certain circumstantial evidence. The story of extra-judicial confession by the accused has been supported before the trial..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....dmitted. 13. The next point urged by Mr. Salam is that the learned Subordinate Judge erred in law relying on the compromise petition between the parties without considering that the same is inadmissible in evidence and hit by this provision, of section 23 of the Contract Act. In support o......ent April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kumar Das and others 6 DLR 215; Syed Moin Ahmed vs. Khondkar Mohiuddin, 19 DLR 912; Arabjan Bibi vs. Abdul Kader and others 19 DLR 745; Ku...... vs. Khandkar Mohiuddin 19 DLR 912. In the said Division Bench Case Siddiky J (as his Lordship then was), delivering the judgement observed as follows: "Now upon a reading of the evidence on record along with the pleadings it is clear to us that the plaintiffs case comes under..Category: Property Law | Date: | Hits: 59
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. ......nt of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......e field and, as such, the assault was in exercise of right of private defence of property and was justified. The learned Magistrate thought that this plea was not true and, on consideration of the evidence on record, came to the conclusion that the prosecution story was true and the occurrence t..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; ......ese issues, I must examine the question of title involved in the suit. Be it said that in the plaint, the plaintiff has not set out as to how he acquired his titles. The story is set out in his evidence". Then after a detailed discussion of the evidence on record and the relev..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. ......sp; Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involved: Nasiruddin Chowdhury — For the Appellant. Habibur Rahman — For the Respondents. ......20th September, 1961 recorded the following orders: "20.9.61. Parties are ready. The suit is taken up for hearing and opened. Heard pleaders on both sides. Parties adduce no oral evidence. Documents marked Exts. 1, 1 (a), 2, 2(a), 3, 4, 5, 6 for the plaintiff and Exts. A. A(1)..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. ...... committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......en he left the station the case was transferred to Mr. A Huq, lawyer-Magistrate on 27.3.68 and he examined twelve more witnesses for the prosecution upto 1.11,68 and after close of the prosecution evidence called upon defence on 26.11.68 to supply list of DWs. Defence took some adjournments and ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....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. ......ourt High Court Division (Civil Revisional Jurisdiction) Present: TH Khan J Bijon Bala Chowdhurani & others..............Petitioners Vs. Maniruddin Biswas & others.........Opposite Parties Judgment June 11th, 1970. Cas......f their purchase and the factum of their physical possession from long before the filing of the Miscellaneous Case. 6. The learned Munsif on a consideration of the documents as well as oral evidence adduced before him, arrived at the conclusion that the pre-emptor Bijan Bala had no locus..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. ......ge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......om whom he had heard about it. PW 6 Gendla @ Abdul Gafur does not speak about the quarrel between the deceased and the accused in the night previous to the occurrence. Thus, there is practically no evidence to show that there was quarrel between the deceased and the accused in the night previous ..Category: Criminal Law | Date: | Hits: 124
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. ......o 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. ......ifferent persons between 16.8.64 and 21.8.64. 7. There is nothing to indicate that the five acts of payment were linked together by the continuity of action and community of design or purpose. The evidence of four of them, who were examined in the case, show that each of them represented his own ..Category: Anti-Corruption Laws | Date: | Hits: 83
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. ......ers……..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan, Karachi 16 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choud......ng for final disposal before the Privy Council. The trial of these limited issues shall proceed on the basis that the decision on the excluded issues by this Court is pro tempore correct and when evidence of both sides in relations to these limited issues is complete, the suit will be adjour..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. ...... Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970. Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 ......ct Director also shows that the Executive Engineer was asked to attend his office for clarification and arbitration of the dispute under clause 25 of the contract. The plaintiff in his evidence has stated the Project Director asked the Executive Engineer to attend his office for arb..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. ...... Mofazzal Molla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. I...... interference by the court in exercise of its power under section 151 of the Code of Civil Procedure. In this connection, he has also drawn my attention to the statements made by Parul Bala in her evidence. It appears that the contention of the learned Advocate is of substance and should be uphe..Category: Property Law | Date: | Hits: 69
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. ......s hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......f 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 husband Abul Ho..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....the order of conviction of the accused-petitioners under section 321 and section 379 of the Pakistan Penal Code is bad in law inasmuch as the Courts below have based their findings on the basis of inadmissible evidence given by PW. 1 Abdul Aziz and PW 5 Afaz Howlader, PW 1 Abdul Aziz was examine......and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ...... conviction of the accused-petitioners under section 321 and section 379 of the Pakistan Penal Code is bad in law inasmuch as the Courts below have based their findings on the basis of inadmissible evidence given by PW. 1 Abdul Aziz and PW 5 Afaz Howlader, PW 1 Abdul Aziz was examined in chief on..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. ...... Vs. Chairman EPRTC.... ............Respondents Judgment March 24th, 1970. Cases Involved: Muslim Cotton Mills (Pakistan Industrial Development Corporation vs. Din Islam 11 DLR 165; Agent, East Indian Railway vs. Maurice Cecil Ryan, AIR 1937 Cal. 526; Tannoch...... instant case, the appellant has examined Dr. M Idris, Assistant Professor of Urology, DMCH and has proved a certificate granted by him after his release. This PW 3, (Dr. M Idris) has stated in his evidence that the appellant had one head injury and also one compound fracture of left femur e (lef..Category: Labour and Industrial Law | Date: | Hits: 118
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. ......d. ......ards this joint ness there is no positive proof on the plaintiffs side corroborated by any independent witness as to when the brothers separated. On the defence side also there is no illuminating evidence. So there can be no presumption as regards this allegation of the plaintiff that Raj Kuma..Category: Property Law | Date: | Hits: 62
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