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Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....aid plot was subsequently transferred to the said Hotel Authority. The then DIT was deprived of an income of Tab 5,77,77,429.00 due to the allotment at the rate of Tab 1 crore per bigha . It was also stated in the First Information Report that the Rules of the then DIT required the allottees of plot......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..Category: Labour and Industrial Law | Date: | Hits: 130
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....asked to show cause why the cellular radio telephone system all not be excluded from the said agreement by way of amendment. BTL replied to the letter on 19.1.92 (Annexure-K to the writ petition) and stated that since the system was not fully operational the stage had not arrived when it could apply......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
..... That was the right which the appellant was seeking to pursue, but that right was not an absolute one. Under section 339D the proceedings could be revived upon a prayer from the prosecution within a stated period. The whole purpose of unamended section 339C was to whip up the prosecution and activi......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...Category: Criminal Law | Date: | Hits: 75
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....ction 165 A of the Pakistan Penal Code and the accused appellant Taru Mian under section 161 of the Pakistan Penal Code read with section 5(2) of Act II, 1947 and eventually to their conviction are stated as follows: One Omar Ali, a mechanic of the Nishat Jute Mills at Tongi was living in ......e Pakistan Penal Code. Their Lordships also held that the expression 'official act' in section 161 of the Penal Code what is meant in the case of a public servant is an act done in relation to the affairs of business of the department in which the public servant is serving. In the instant case b..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....istan Penal Code and sentencing him to death. Death Reference No. 10 of-1970 made by the Sessions Judge, Jessore is also disposed of by his judgment. 2. The case of the prosecution, briefly stated, is as follows: Parashullah Fakir lives in village Singia, PS Narail, Jessore. Afsar and Ima...... 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)
....the learned Magistrate, specially in respect of the petitioner No. 1 Safar Ali, is rather severe. My attention has been drawn to the evidence of the Investigation Officer (PW 9) who has stated in his cross-examination that he went to the locality and saw the kalai land of the accused......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
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....ithout his consent; and thirdly, that he bonafide required the premises for his own use and occupation. 3. The suit was contested by the defendant Nos. 1 and 2 by filing two separate written statements. The defendant No.l challenged the agreement dated 7th February, 1954 as forged and fab...... 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. ..Category: Property Law | Date: | Hits: 71
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....er. The Magistrate framed charges accordingly, to which the accused persons pleaded not guilty. The prosecution witnesses were thereafter summoned for cross-examination and after this was done the statement of accused persons under section 342 Cr.P.C. were recorded on 30.10.69 and subsequently o...... 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. ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....ossession of the land on the strength of his purchase. The petitioner thereafter took a certified copy of the said kabala on 15th July 1965 and got information in detail about the sale. She further stated that she was a bonafide cultivator and if the prayer for pre-emption was allowed her total ......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. ..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo transportation for life on a conviction under section 302, Pakistan Penal Code. 2. The case for the prosecution, briefly stated, is as follows: On 22nd Bhadra, 1372 BS corresponding to 8th September, 1965 accused Kasirud......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
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....nd (9) Md. Momin by corrupt of illegal means or by otherwise abusing his position as a public servant. The appellant pleaded not guilty to the accusation made under section 242 CrPC. . He also made a statement under section 342 CrPC. which will be referred to hereafter. The prosecution examined 16 w......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. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....ner's case is, that during the settlement operation in the years 1903-1904, 1511.40 acres of land of touzi No. 2694 of the Collectorate of Bakarganj which belonged at that time to "Tagore Raj Estate" was in the bed of river Tetulia. During the revisional survey of 1940-1942 these lands ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the plaintiff is directed against the judgment and decree passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 4 of 1962. 2. The facts giving rise to this appeal may be stated as follows- "The defendant required repairs of coastal embankment by Tarj......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)
.... The prosecution examined 12 witnesses in all. PW 6 Abul Kashem, the younger brother of the complainant, claims to be the eye-witness of the occurrence. He has narrated the prosecution case and has stated that on Sunday the 22nd Jaishta, 1373 BS after sunset when Sharifunnessa was nursing her bab......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)
.... Idris and Sekandar under section 324 of the Pakistan Penal Code and sentencing each of them for a further period of six months has also been upheld. 2. The case for the prosecution briefly stated is, that CS Plot No. 9421 of Mouza Joinkati, PS Patuakhali is under the possession of PW 1 A......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
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....caped income are not applicable to the case of assessment or reassessment of escaped profits under the Business Profits Tax Act. 9. In order to appreciate this contention it is necessary to state that prior to the introduction of section 19 of the Business Profits Tax Act section 14 of t...... to whose business this Act applies. (2) any reference in this Act to the Income Tax Act, 1922, shall, in relation to the profits of any chargeable accounting period and to the state of affairs and all the circumstances necessary to determent the charge to business profits tax, mea..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....ambu Charan Basak and the defendants 9 to 17 are the heirs of the other original owner of Jagat Chandra Basak. 1/3. 3. The suit was contested by defendant No. 18 who filed the written statement. His contention, inter alia, is that all the lands excepting the homestead had been part......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. ..Category: Property Law | Date: | Hits: 62
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....ut knowing that it was wrong or contrary to law. 9. On the question of insanity the evidence of the local witnesses are divided. Amongst the local witnesses, PWs 1, 2, 3, and 22 have unequivocally stated that accused was insane on the date of occurrence. On the contrary, PWs 5, 6, 7, 8, 10, 14 an......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
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