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Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ate with him) instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent No.1 (In both the Appeals). Civil Appeal Nos. 14 and 15 of 1994. (From the judgment and order dated 2.8.93 passed by the High Court Division in First Appeal Nos. 181 of 1990 and 30 of 1992). ......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. ..Category: Property Law | Date: | Hits: 61
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
.... Bibi, wife of Ali Ahmed appeared on the scene and on her surety both Omar Ali and Mofijuddin were released on a promise of payment of Rs 20.00 on the following Saturday. The occurrence of the said date was alleged to have been witnessed by Mominullah, Hossain Khan, Anjumannessa Bibi and others. ......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. ..Category: Criminal Law | Date: | Hits: 68
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....ion and dispossession and that the defendants proved their case by independent witnesses and consequently he dismissed the suit. On appeal the learned Subordinate Judge by his judgment and decree, dated 28.6.61 reversed the decision of the learned Munsif and decreed the suit of the plaintiffs. T......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....nbsp; TH Khan J.- This is a plaintiffs appeal and is directed against the judgment and order passed by the learned Subordinate Judge, 1st Court, Chittagong, dated the 15th April, 1964 in other Appeal No. 209 of 1963 reversing the decision of the learned Mu...... 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
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....ving the petitioner from the office of Chairman of Islamkati Union Council under Article 25 (3) (b) of the Basic Democracies Order, 1959 as well as an order of the Sub-Divisional Officer, Satkhira dated 3.1.1968 directing the petitioner to make over charge of his office to the Circle Officer (De......oints. The point, however, which has become crucial in this case is, that the entire proceeding was taken against the petitioner without serving any notice on him. From a perusal of the records and scrutiny of the matter it appears to us that this point has considerable substance. The Controlling..Category: Others | Date: | Hits: 92
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....Acquisition and Tenancy Act, 1951, for pre-emption of 1.49 acres of lands out of CS plot Nos. 1224, 1225 and 1226 of Mouja Kulbaria with PS Jhenidah. It is directed against the Judgement and order dated 13.10.66 passed by the learned Subordinate Judge, Jessore, in Miscellaneous Appeal No. 89 of ......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
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
.... 2. In this case the two opposite-parties were convicted and sentenced under section 448 of the Pakistan Penal Code by Mr. MU Chowdhury, Magistrate, 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 Crim......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)
....p; Nurul Islam J.- In this application under section 115 of the Code of Civil Procedure the petitioner Sree Pronab Kumar Majumder obtained the Rule praying for setting aside the judgment and order date 17.1.70 passed by learned Subordinate Judge of the Additional Court, Jessore in Miscellaneous ......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....se he cannot impute any criminal intention. The trial Court had drawn adverse presumption against the appellant by stating that he made over charge on 16.8.64 but disposed of the amounts between that date and 21.8.64. The defence case, on the other hand, was that the appellant continued to remain in......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
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....es out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 1967 passed by the learned Munsif, 4th Court, Narayanganj refusing to stay ......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)
....x's Bazar WAPDA Division”. 3. The rate of the plaintiff who was a registered contractor was accepted and the works were allotted to him and detailed work order Nos. 41, 42 and 43 dated 3.12.1960 was issued to the plaintiff. In the said work order, the works and the accepted ra......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
.... SMA Latif—For the Opposite Party No.1. Civil Rule No. 1324 of 1966. Judgment: T H Khan J.- This Rule is directed against an order dated 20th August, 1966 passed by the learned Munsif, 2nd Court, Narail, district Jessore setting a......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
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....een 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 on the body of the petitioner. Thereafter the police investigated the case and ......refer the earlier statement of a witness which has been transferred under section 288, Cr.P.C. to his later statement at the trial, that discretion must be exercised with great care, on a careful scrutiny of the two conflicting statements in relation to all other evidence and circumstances a..Category: Criminal Law | Date: | Hits: 59
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....n — For the Respondents Appeal from original order No. 25 of 1968. (Appeal against the order of Mr. MH Rahman, District Judge and Commissioner, Workmen's Compensation, Dacca, dated the 19th day of June, 1967 in Workmen Miscellaneous Case No. 55 of 1966). Judgment: ......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)
....in respect of which the petitioner was assessed to tax under the Act on 30.5.61 and 20.6.62 respectively. The notices under section 11 of the Act that preceded the impugned orders of assessment are dated the 31.5.61 and 20.6.62 respectively. On appeal by the petitioner the Income Tax Appellate T......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
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....ash;For Respondent Nos. 1 & 2. Appeal from Appellate Decree No. 1142 of 1961. Appeal against the decree of Mr. IH Chowdhury, Subordinate Judge, Second Court of Zilla Chittagong, dated the 31st day of December 1961, in Title Appeal No. 350 of 1959. affirming the decree of Mr. A...... 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. ..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....in the circumstances the accused can rightly complain that he has been prejudiced in the trial. 8. The defence does not challenge the occurrence. It only asserts that the accused was insane on the date of occurrence and he committed the offence without knowing that it was wrong or contrary to law......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
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
.... Rs. 200.00 and delivery of possession was given to the mortgagee and that subsequently Kula Kamini sold the land in suit along with other lands to the plaintiff who is her son by a registered Kabala dated the 18th Jaistha, 1353 BS corresponding to 1.6.1946. After his purchase the plaintiff filed TS......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
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
...., Advocate—For the Respondents. Appeal from Appellate Decree No. 384 of 1961. Appeal against the decree of Mr. Md. Moseeh, Subordinate Judge 3rd Court of Zilla Chittagong dated the 12th day of July 1960 in title Appeal No. 69 of 1959 affirming the decree of Mr. Q Sharaf...... 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 any gift of his property in favour of his second wife Maleka Khatun. 6. That the occurrence took place in the house of DW 1 Yasin Sheik and that his wife Maleka Khatun was murdered on the date of occurrence as alleged by the prosecution had hardly been disputed. Besides, there are other......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. ..Category: Criminal Law | Date: | Hits: 154
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