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Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
.... Whether the provisions of Section 30 of the Bengal Agricultural Income Tax, Act, 1944 as adopted in East Pakistan are applicable to a Daya Bhaga Hindu Family claiming separate assessment after partition and separation. (II) Whether in the facts and circumstances of the case viz, o......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....eal at the instance of the defendant No. 1 is against the judgment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Mohd. I......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. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....notice shall, unless otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of abode or business. (4) A notice intended for the public in general shall be deem......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
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....ias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by opposite party No. 2 Amatu Md., Police investigated the case and submitted charge-sheet on 15.1.67 against ...... 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)
....he three petitioners (1) Bijan Bala Chowdurani, (ii) Kumaresh Chandra Biswas and (iii) Tarapada Kabiraj. The petitioner No. 1 filed the above mentioned Miscellaneous Case against the five opposite parties but on receipt of the notice of the Miscellaneous Case the opposite parties 4 and 5 applied......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)
....icide sent the said dead body to the Gaibandha morgue. PW 5 Dr. A Azim, Medical Officer Gaibandha Hospital examined the dead body of Altafunnessa and found a deep gaping incised wound on the upper part and front of neck measuring 6"x 2" extending upto the spine. The said doctor opined ......e mortem in nature. On receipt of this report PW 9 Sub-Inspector, Khandkar Fazlur Rahman, Officer in-Charge of Gaibandha Police Station lodged a First Information Report on 12.10.65 and took up the investigation of the case. After completing the investigation he submitted charge sheet against the..Category: Criminal Law | Date: | Hits: 124
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....vidual cases separately, the appellant passed orders for payment. Each act of payment was a transaction by itself and in the absence of any nexus between them, the several acts cannot be said to form part of the same transaction. The trial of the five alleged offences arising out of the acts cannot ......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)
....ansferred to Bhola police station from where the same was directed to be managed. After the passing of this order controversy arose as to the settlement and allotment of new char lands amongst the parties and the Additional Deputy Commissionr (Revenue) Barisal, directed the Sub-Divisional Office......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
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....nganj refusing to stay proceedings of the said suit being Money Suit No. 12 of 1966 of his Court till the disposal of title Suit No. 144 of 1965 of the same Court. 2. The plaintiff-opposite-party Alimulla Mallick instituted Money Suit No. 12 of 1966 against the petitioners and opposite-pa......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. ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....er dated 25.4.61 Exhibit C(I) protested against this unilateral change of the rate and contended that the tender agreement which was accepted by the defendant could not be unilaterally changed and particularly due to the fact that the work in question had already been undertaken and most of the ......l be referred to the arbitration of the Superintending Engineer of the Circle for the time being in the manner provided by law relating to arbitration for the time being in force who after such investigation as he may think proper shall deliver his award which shall be final, conclusive and ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....ition appears to have been filed on 4.1.63 i.e. barely four days after filing of the suit, and on the same date the Court passed a decree in terms of the compromise. 3. The present opposite party No. 1 Parul Bala Debi, whose name appeared as plaintiff No.2 in the said Rent suit, filed an ......applied at all unless there is no other remedy open to the litigants. In the second place, the matter for enquiry in such matters is something extraneous to the suit itself and the same kind of investigation is necessary as in a contested suit. It would certainly be hard on the losing party ..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....d Abul Kasem. Thereafter the complainant along with some men of the village and his younger brother Abdul Kasem went to the house of the accused Golam Kader to rescue Sharifunnessa but the accused party attacked them with a gun as a result of which the complainant, his brother and others fled aw...... on 7.6.66 in the court of the Sub-Divisional Magistrate. This appears to have been written by Muktear's clerk and countersigned by Muktear. This was forwarded to the Monirampur Police Station for investigation and report treating this petition of complaint as FIR by an order dated 7.6.66 passed..Category: Criminal Law | Date: | Hits: 59
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
.... an EPRTC bus being EDB 9127 came from the west and knocked him down from behind as a result of which his left leg completely went under the wheel of that bus and he was injured severely in various parts of the body. He instantaneously lost his consciousness and was removed to the Dacca Medical ......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. ..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....eal and set aside the two impugned orders of assessment dated 31.5.61 and 30.6.62. 4. In the meantime section 34 of the Income Tax Act, which had been accepted by section 19 of the Act as a part of the Act in the year 1957, was amended and two new sub-sections, namely, (2B) and (2D) were ......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
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... upholding those passed in Title Suit No. 12 of 1959 by Mr. A K M Azizul Huq, Munsif, 2nd Court, Chandpur on 12th April, 1960. 2. The plaintiff instituted the aforesaid suit for partition alleging, inter alia, that the property mentioned in the Ka and Kha schedules to the plai......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
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....sman Ghani since dead was their uncle and the said pro-defendant No. 4 got southern one third and pro-defendant No. 3 got the northern two third portion of the bhiti lands and Osman by an amicable partition obtained the other lands which are not included in schedule 'ka' to the plaint. Thereafte......ording to the learned Advocate, the question as to legality or otherwise of the said order passed in a proceedings under section 145 of the Code of Criminal Procedure is not within the scope of an investigation in the present suit. Before I dilate upon the said point in detail I would like to me..Category: Property Law | Date: | Hits: 69
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....ion was that Jahiruddin died of diarrhoea but that PW 3 Kashimuddin Ahmed falsely implicated them in this case with the help of his relations and others in order to extract money from them (accused party). 7. The trial was held with the aid of 4 assessors all of whom found the accused Tam......he death of Jahiruddin was due to endrine poison. On receipt of that report PW 20 the officer-in-charge, suo motu drew up a first information report and started the present case. He held the "investigation and on completion of the investigation submitted a charge sheet against these 4 accus..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....lands in suit. The said defendants asserted their jote right in the land in suit and contended, inter alia, that the suit was not maintainable in the form it was filed and it was bad for defect of parties. They further contended that the disputed jote No. 138 comprising the suit lands were not c...... 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. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....e day preceding the day of occurrence. It was the month of Ramzan. They broke their fast at the north 'bhiti' hut along with Yasin Sheik and his wife deceased Maleka. They took 'Sehri' at the later part of the night and went to bed. Some time thereafter PWs. Fazila, Siraj Mia and the deceased Ma......ed to Kaligonj Police Station who was in charge of the thana at that time, on the verbal statement of the complainant. The Police Station is ten miles from the place of occurrence PW 6 took up the investigation of the case on the same day, that is, on the 21st December, 1967 and visited the plac..Category: Criminal Law | Date: | Hits: 154
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....purporting to act under section 10 of the Ports Act, 1908 which runs as follows: (1) The Conservator may remove, or cause to be removed, any timber, raft or other thing, or floating being any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the...... 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. ..Category: Others | Date: | Hits: 162
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