Search Options
Judgment Advanced Search
Displaying 5381-5400 of 5586 results.
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....ase terminated or plaintiffs title continued. This is a question which may be and ought to be determined in the present suit and it will be unfair to drive the plaintiff to go in for a title suit proper. I am, therefore, of the view that the suit is maintainable in the present form and the i......reme Court High Court Division Civil Appellate Jurisdiction Present: TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: ...... Munsif framed the following issues: "1. Is the suit maintainable in its present form? 2. Has the notice under section 106 (204) TP Act been served? Is the notice legal and valid? 3. Is the defendant No. 1 a defaulter? 4. Is the ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ble to a Daya Bhaga Hindu Family claiming separate assessment after partition and separation. (II) Whether in the facts and circumstances of the case viz, oral partition of Joint Family properties, separate possession and separate enjoyment of agricultural income in definite shares b...... Ed. ......he same was not relevant for this period, as the written document was executed and registered after the period of assessment in question. In our opinion, a partition if effected bona-fide and in a legal manner, the same cannot be disregarded only because there was no cont..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....nce 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. Idris Ali the pred...........Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv......s hut i.e. that hut No.2 in schedule IV. The main contest thus centres round the property of schedule 1." 11. Indeed, the above observations of the learned Subordinate Judge have a legal presumption of correctness attached to them and unless convincing and unequivocal materials ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... co-sharers at the time of disbursement of compensation money. On receipt of this letter the respondent No. 2, the controlling authority, requested the respondent No. 1 to convene a meeting to take proper step, for removing the petitioner. Thereafter, the Deputy Commissioner, Khulna who is also ......p; Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January 13th, 1971. ......in Khan Chowdhury — For the Respondents. Petition No. 138 of 1968. Judgment: Maksum-ul-Hakim J: In this Rule the petitioner challenges the legality of a resolution passed by the Khulna District Council on 23.1.1968 removing the petitioner..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... on behalf of opposite party No. 2, on the other hand, contended that if the Sessions Judge found that the offence was triable exclusively by the Court of Sessions and the learned Magistrate had improperly discharged the petitioner, then he was entitled to exercise his jurisdiction under section......e court concerned. Ed. ......ession for trial. Thereafter, the petitioner obtained this Rule. 3. Mr. Md. Jamiruddin Sircar, appearing on behalf of the petitioner, contended that the learned Sessions Judge committed an illegality in directing commitment of the petitioner, as the offence was not triable exclusively by a..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....as his interest devolved on his father Lalit Kumar Biswas. Thereafter Lalit Kumar died leaving behind him a widow Harimati and a son Anil Kumar. These two persons sold away a share in the disputed property to the petitioner by a registered kabala dated 20.6.57, Exhibit A (I). The petitioner thus......mp; others..............Petitioners Vs. Maniruddin Biswas & others.........Opposite Parties Judgment June 11th, 1970. Cases Referred: Afazuddin Mridah and others vs. Mubarakulla and others 5 DLR 445; Sachindra Nath Chakravarty vs. Trailakya Nath Chak......t Mohan died leaving Anil Kumar and Harimati. Subsequently Harimati for self and as guardian of her minor son Anil, executed the kabala dated 20th June, 1957 in favour of the applicants without any legal necessity. The applicants, therefore, acquired no interest in the disputed land nor did they ..Category: Property Law | Date: | Hits: 47
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....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. ......pondents. Ed. ......administration of the new char would continue as before. These two orders, as quoted above, have been challenged in this petition. It has been claimed by the petitioners that these two orders are illegal and without jurisdiction and were not passed in accordance with the provisions of law and as ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
.... Justice Cornelius (as his Lordship then was) held : "Plainly there are substantial differences between the two suits. Whereas the first suit was for a mere declaration that the properties in suit were waqf and in consequences, alienations thereof by certain persons were void......ed application is also thus disposed of. Ed. ......n this connection to the judgment of the Supreme Court of India in Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446, where after an exhaustive review of cases it was held that the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of judi..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....on 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 binding on all parties to this......red to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain and another vs. Singhai Gulobchan......r. Abdul Wadud Chowdhury, the learned Advocate for the defendant-respondent has, however, contended that there was no valid reference in this matter as the alleged award could not be considered as legal and binding. 10. It is admitted by both the parties that the plaintiff was a registere..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
...., who was a reputed lawyer of the Narail Bar, died in Agrahayan, 1363 BS leaving her as the sole her as she was the only married daughter capable of bearing a child. Accordingly, she inherited the properties in question from her father and has been possessing the same through bargadars. The alle......I leave the parties to bear their own costs. Ed. ...... or upon Parul Bala. 5. In this Revisional application Mr. Syed Mohammad Ali, the learned Advocate for the petitioners, has argued three main grounds, First, that the learned Munsif acted illegally and with material irregularity in the exercise of his jurisdiction in setting aside the com..Category: Property Law | Date: | Hits: 69
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....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. ......etitioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: ......out in the aforesaid Nagina Silk Mills Ltd. case we find that the impugned notices in the case of the petitioners in both the petitions having been issued long after the period of limitation, are illegal. 16. On behalf of the respondent it has been contended that the petitions are prematu..Category: Fiscal/Taxation Law | Date: | Hits: 106
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....at naught; and in the said criminal case the principal defendants disclosed for the first time that defendant No. 1 executed a kabuliyat in favour of defendant No. 3 The plaintiffs thereafter made proper enquiries and obtained the certified copy of the kabuliyat which is dated 6.9.46. It is asse......15 of the Letters Patent is refused. Ed. ......rder passed by the learned Magistrate in a proceeding under section 145 of the Code of Criminal Procedure on 26.4.55 was without jurisdiction. According 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 Cr..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....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. ......ahore 474, PLD 1960 Lahore 111. Lawyers Involved: A Talukdar with Daliluddin Ahmed—For Condemned Prisoner. AW Mallik with Muhammad Batir—For the State. Death Reference No. 15 of 1970 and Appeal No. 563 of 1970. Judgment Abdul Hakim J.- This judgment will dispose of the Death ......ose material witnesses and non-production of their reports have not only prejudiced the accused but have also caused a failure of justice in the case. 11. It is true that the medical insanity and legal insanity are not the same thing. The legal insanity as contemplated in section 84 PPC must be ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....t in his decision on this point. The learned Subordinate Judge was wrong in holding the award is binding on the plaintiff as next reversioner inasmuch as the reversioner has no vested interest in the property. This finding of the learned Subordinate Judge is uncalled for and without any basis or the....../- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......nate Judge was totally wrong in holding that the award, Ext 6 obtained by the plaintiff in the DS Board proceeding is binding on him and that Ext. 6 being an award of DS Board, the award Ext 6 had no legal validity. The evidence of the plaintiff that he was advised by his lawyer that this award is o..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....we are unable to agree with the learned Deputy Legal Remembrancer. 18. For the reasons stated above, the order of conviction, we think, should be an order for retrial of the accused under a proper charge. 19. In view of the order we propose to pass we thought it was neither necessa......he case. Ed. ......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. ..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....hakur challenging an order of the Assistant Custodian, Enemy Property (Lands and Buildings) Dacca dated 19.8.67 asking him to vacate No. 3 Harish Chandra Bose Street, Dacca as the same is an enemy property and the said Shuk Deb is said to have been an unauthorised occupier of the same. 2.......without any order as to costs. Ed. ......mber, 1965, made under the Defence of Pakistan Rules, become an enemy property. Shuk Deb, the Pujari, and some others who are living in the premises having not been able to produce any document of legal possession of the property, cannot but be termed as unaut..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... 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. ......; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja Mia and others vs Sunity Bhusan Sen in 55 CWN (3 DLR) 155; Kalikesh Biswas and others vs Gheasuddin Ahm...... "A dwelling house" is obviously a house with the superadded requirement that it is dwelt in or the dwellers in which are absent only temporarily, having animus revertendi and the legal ability to return." The said definition shows that a dwelling house is one wh..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....for Pabna on a visit to his sister's house, so he was not in any way connected with the occurrence. The further defence appears to be that deceased Maleka Khatun was to get a share of his paternal properties now in possession of her step-brother Hobi Durani. That Chunnu, the nephew of Hobi Duran......; Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown,......J sitting with Kayani, J. after citing certain High Court rules, observed: "The trial was held in contravention of the rule and the appellant did not, in fact, have the kind of legal assistance that is contemplated by the rule. The trial is, therefore, bad and the consequent..Category: Criminal Law | Date: | Hits: 154
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....id Right was worded in this way: "Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property." Fundamental Right No. 15, which was also in force at this time, was word......Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacca and others ............Respondents Judgment January 28th, 1971. Cases ......n was possible by him. 4. Being aggrieved by this order the petitioner has obtained this Rule and has prayed for a declaration that the order of the respondent No. 2 dated 12.2.70 is illegal and has no legal effect and also for a direction to the respondent No. 2 to issue a Certifica..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... Authority after observance of all formalities with the prior concurrence of the Director of Ports and Traffic". From the time-table annexed to the petition it is clear that it was granted by the proper officer oil behalf of the Authority. The contention of the learned Advocate for the petitione......Court High Court Division (Special Original Jurisdiction) Presents: Siddiky CJ Kemaluddin Hossain J Pak Waterways..........................Petitioner Vs. EPIWTA and others.................Respondents Judgment March 2, 1970. Result: This applicati......tion of the learned Advocate for the petitioner is that the granting of time-table to Messrs. High Speed Navigation Company Limited has not been given by a competent authority and, as such, it has no legal effect. The relevant provision in section 54AA of the Inland Mechanically Propelled Vessels Ac..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
741740739738737736731730729728723720718717716715713712710709