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Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....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. ...... The accused persons forcibly took away paddy from the disputed land by boat. The paddy was grown by PW 1 Abdul Aziz. PW 3 Tajambar Biswas, PW 4 Kanchan, PW 6 Hatem Ali and PW 7 Abdus Salam saw the occurrence; PW 1 Abdul Aziz filed complaint before the Magistrate on 7.9.66, i.e., four days after ..Category: Criminal Law | Date: | Hits: 82
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......e case. 7. Mr. T Talukdar, the learned Advocate for the condemned prisoner, has taken us through the judgment, depositions and other papers and contended that the accused was insane at the time of occurrence and he committed the alleged crime without knowing that it was wrong or contrary to law a..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
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......man who frequently used to visit Tofa Mohammad's house developed illicit connection with her arid as a result accused Amina did not like to live with her husband. About one year before the present occurrence Tofa Mohammad and his sons forcibly obtained divorce of Amina Khatun from Jahiruddin whe..Category: Criminal Law | Date: | Hits: 76
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......02 of the Pakistan Penal Code for the murder of his step-mother Maleka Khatun alias Jamila Khatun, wife of Yasin Sheik (DW 1) of Duburia, under police station Kaligonj, District Dacca. The alleged occurrence took place at about dawn on Thursday the 5th Paush, 1374 BS corresponding to 21st Decemb..Category: Criminal Law | Date: | Hits: 154
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....tion was admitted in this case by the executants. The left thumb impressions of the executants were also duly taken as was required under section 35 of the Registration Act. By another endorsement dated 15.7.1965 the respondent No 2 further remarked that the executant were identified by Mr. Khon......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....troduced after following the detailed procedures as laid down in the East Pakistan Inland Water Transport (Allocation of Routes and Grant of Route Permits) Rules, 1967, as promulgated by notification dated 8th March, 1967, under section 67(1) read with section 54C of the Inland Mechanically Propelle...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... Advocate-on- Record — For the Petitioners. Not represented — the Respondents. Civil Petition for Leave to Appeal No. 656 of 1999. (From the judgment and order dated March 25, 1999 passed by the High Court Division, Dhaka in Writ Petition No. 4375 of 1997). ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....hman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record —For the Respondents. Civil Petition for Leave to Appeal No. 605 of 1999. (From the Judgment and order dated 11-5-1999 passed by the High Court Division in Writ Petition No. 4992 of 1997). Judgmen......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
.... to bring before the court so long. The defendants must take the consequence of their own laches. Moreover there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5) Lawyers Involved: Md. Abdul Han......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....lant. SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Respondents Civil Appeal No. 40 of 1996. (From the Judgment and order dated 15 & 16 November 1995 passed by the High Court Division in Civil Revision No. 1843 of 199......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....1 (In Criminal Appeal No. 12 of 1999). Not represented—Respondent Nos. 2-5 (In Criminal Appeal No. 12 of 1999). Criminal Appeal No. 9 of 1998 (From the judgment and order dated June 4th, 1998 passed by the High Court Division, Dhaka in Criminal Appeal No. 1013 of 1998). ......nnot be supported in any view of the matter for the facts and reasons set out above. It has been noticed that the appellant father has claimed that his daughter was aged about 13 years on the date of occurrence i.e. 4-3-97. It is true that upon examination by two doctors who formed a medical board, ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....-General with him) instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Respondent. Criminal Appeal No. 16 of 1996 (Direct Appeal). (From the judgment and order dated 29-6-95 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 814 of 1995 (Cont......on expressed by the High Court Division and share the judicial indignation at the manner and in the language with which the appellant referred to the highest judiciary we feel, four years after the occurrence, that the appellant has suffered enough. He has already undergone the sentence till ris..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....ructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondents. Civil Petition For Leave to Appeal Nos. 1049, 1050 & 1059 of 1997. (From the judgment and order dated June 10, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 58 of 1989 with W...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....rifuddin Chaklader, Advocate-on-Record — For the Respondent No.1. Respondent Nos. 2-8 — Not Represented. Civil Appeal No. 3 of 1996. (From the judgment and order dated 3-8-95 passed by the High Court Division in Civil Revision No. 2284 of 1995). Judgment......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....nd the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that the complaint has to be filed within one month of the date on which cause of action arises under clause (c) of proviso to section 138. Admittedly the peti......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ..Category: Business or Commercial Law | Date: | Hits: 145
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