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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. ......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. ......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...... property whose compensation was assessed at Rs. 115.62. All these people died long ago. But Abul Hossain s/o. Efazullah, who was wrongfully identified by the Chairman as Efazullah wrongly, got payment of the entire assessed amount. Similarly, in another case Mukunda was identified......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. ...... 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. ......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 ......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. ......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)
....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 ......t of Works Programme Fund. All that appears from the charge is that the amount was paid to five different 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 evi......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...... along with others took settlement of 1904 acres of the said lands by executing registered kabuliyats in favour of the proprietors and since then they have been possessing these lands peacefully on payment of rent to the proprietors and after their acquisition, to the Provincial Government. As t......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. ......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 ......os. 2 and 3. The plaintiff, however, took measurement of all the works in three interns and submitted his bill for Rs. 55,859/85 paisa. But the Executive Engineer, C&B, WAPDA Division only made payment for item No. 1 of the work. The plaintiff thereafter took payment under protest and communi......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)
....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 ......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. ......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)
....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 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. ......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
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 ......, After deducting this amount of Rs. 300.00, the appellant was entitled to get compensation of Rs. 1800.00 from the respondents and the learned Commissioner accordingly awarded the said amount for payment to the appellant within two months from the date of the order. In this First Miscellaneous ......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. ......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......or any transaction made by Raj Kumar as a karta of the undivided family must be viewed as ensuing to the benefit of all the family members. There is not a scrap of paper such as dakhila showing payment of rent in the name of ejmali family or any other document to show that really Raj Kumar w......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...... disputed premises belonged to the pro-defendant No. 3 from whom the defendant No. 1 took settlement of the same at a monthly rent of Rs. 16/-executing kabuliyat on the 20th Bhadra, 1353 BS and on payment of a salami to the tune of Rs 100.00 and that the defendant No 3 accepted the kabuliyat whi...... 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
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
.... This appeal is by the plaintiff who instituted a suit for declaration of title and for recovery of khash possession. The case of the plaintiff is that his mother Kula Kamini who has been made second party defendant in the suit, was the owner of the lands recorded in TS No. 48, Mouza Rasulpur, Plot ......ven in addition to the ordinary remedy prescribed by law. Therefore, the ordinary remedy by way of redemption suit is always available to a debtor and if he has instituted a suit for redemption after payment of proper court fee and framing a suit thereunder there is no reason that the suit shall be ......lpur, Plot No. 311 with the area of 66 acres. Kula Kamini as owner of this plot mortgaged the suit land to defendant No. 1 Abdul Gam Sarkar and the predecessor defendants 2-13. The mortgage was for a loan of Rs. 200.00 and delivery of possession was given to the mortgagee and that subsequently Kula ..Category: Property Law | Date: | Hits: 82
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 they made the lands fit for cultivation and began to live on some land by constructing huts therein. Thus, they assert that they have been in possession of the lands in suit in rayati right on payment of rents. The defendants also pleaded that the entry in the khatian in the name of Abdul Ka...... 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......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. ......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
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
.... such, the document is entirely for purposes other than agricultural purposes. In view of the provision of section 107 of the Transfer of Property Act which requires a case to be executed by both the parties and as this patta, Exhibit 5, is only executed by Shayesta Khan, the Mutawalli of the Wakf E......, to consider the purposes for which this lease was executed. In the document, it is stipulated that if the land remains fallow or unproductive, then that will not be entertained as an excuse for non-payment or reduction of rent. It is further provided in this lease that the lessee is required to lo......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
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