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Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ellate Division (Criminal) Present: Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud………………………………………….Appellant Vs. State ………………………………………………………..Respondent Judgment A..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
.... and therefore the attachment and sale was illegal and without lawful authority. The plaintiff was not a party either to Money suit No. 32 of 1972 or to the Execution Case and the right, title and interest of Bangladesh has not passed to the auction purchaser. As the alleged auction purchase has......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
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... So far as the 'Jha' schedule property is concerned it was agreed in the course of the suit that this should be kept outside the suit, as all the persons interested therein were not impleaded in the......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....esides in Dacca and there is no mention of the name of Taru Mia in the said written complaint. From a close examination of the evidence of the prosecution witness, it is clear that all of them are interested witnesses. In this case, it is to be noted that payment of money is admitted. Unfortunat......bdul Gani……………………...Appellant (in Appeal No. 290 of 1967) Taru Mian...............................Appellant Vs. State..................................Respondent (in Appeal No. 362 of 1967) State ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....of Dulal Fakir on 2.10.67 and 26.6.69 respectively. Merely from the fact that PW 1 Sk. Elahi Baksh was a witness and indentifier of these deeds of gift it cannot be inferred in any way that he was interested in grabbing this property which were transferred by Parashullah Fakir to Dulal Fakir. PW......rgo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
.... a criminal case under sections 143 and 447 of the Pakistan Penal Code and that two accused persons in the said criminal case including defendant No. 1 were summoned but a solenama disclaiming all interests in the said land was filed by the said two accused persons although defendant No. 1 due 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
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......Court High Court Division (Criminal Revisional Jurisdiction) Present: A Quasim J Safar Ali and others....... ..................Petitioners Vs State...............Opposite Party Judgment August 13th, 1970. &nbs..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....sif observed that a tenant is precluded from denying the landlord's title at the time of the creation of the tenancy, but he is not estopped from showing that the landlord subsequently lost his interest. As regards the position of the defendant No. 2, the learned Munsif observed: ......uilding for term of 9 years. He also found that the recitals in the lease deed were colourable. Consequently, it was void being in contravention of the provisions of section 75A of the East Bengal State Acquisition and Tenancy Act, 1951. The learned Munsif thus found that the plaintiff was compl..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
.... deed dated 26th Bhadra, 1244 BS corresponding to 11 th September, 1937 in his own name. Thus Syed Waned Ali did not inherit anything from Dagu Miah and, therefore, the plaintiff had absolutely no interest in the property of schedule 1. He further alleged that Manira Banu left two sons namely, S......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
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... 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. ...... to- Panchanan Sarkar vs. Emperor, AIR 1930 Cal. 666; Lakshminarayan and others vs. Suryanarayan, AIR 1932 Mad. 502; Emperor vs. Asghar and others 37 ALJ 337; Chhadamila Jain and others vs. State of Uttar Pradesh and another AIR I960 SC (India) 41. Lawyers Involved: Md. Jamir..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....ev Roy. Thereafter Sachindra Nath Biswas, son of Lalit Kumar Biswas took settlement of the said lands by a registered kabuliyat dated 7.4.38, Exhibit C. After the death of Sachindra Nath Biswas his interest devolved on his father Lalit Kumar Biswas. Thereafter Lalit Kumar died leaving behind him......nbsp; TH Khan J.- This revisional application arises out of a pre-emption proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act, 1951, for pre-emption of 1.49 acres of lands out of CS plot Nos...Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....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. ......; Kasiruddin Sarkar @ Kasiruddin Fakir.................Appellant Vs. The State....................................................Respondent Judgment &nb..Category: Criminal Law | Date: | Hits: 124
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....my Properties and the opposite-party No. 7 duly leased out the same to opposite party Nos. 1 and 4 after having taken possession of the same: and that the plaintiff-petitioner has no right, title, interest or, possession in the said properties. He also submits that plaintiff-petitioner failed to......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)
....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. ...... 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)
....ot; as well as order of the Deputy Commissioner, Bakarganj, Annexure-"P" has to be read in the context they were issued. The Additional Deputy Commissioner (Revenue), Bakarganj, was only interested in deciding the revenue administration of the newly formed char. Though he used the word...... Nanda J. in the case of Gulabrao Laxmanrao Chandgude vs. Emperor AIR 1935 Bom. 409. So also are the observations of Das Gupta and PN Mukherjee, JJ. in the case of Prasanta Kumar Mukherjee vs. The State AIR 1952 Cal. 91. In the same away the order of the Additional Deputy Commissioner (Revenue)..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....nding, inter alia, that the plaintiff was not the sole proprietor of the said holding, Momtaz Begum, wife of Nawab Mia alias Nanwarul Huq, Petitioner No. 3 and her mother and brothers have 4 annas interest in the disputed holding and that they had earlier filed Title Suit No. 114 of 1965 in the ......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)
....itled to be paid his security deposit which also was not given to him. It was further claimed by him that due to the refusal to pay the security deposit and the award money he was also entitled to interest at the rate of 6-1/4 per cent per annum. Lastly, on 7.5.62 the Executive Engineer refused ......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)
....ve any notice by registered post. That on the 3rd September, 1966 the petitioner No. 1 Mofazzal Molla came to know from one Saidur Rahman that an ex parte order had been passed against their interest in a case filed by one Parul Bala Debi and the case was conducted on her behalf by Mr. Pra......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)
....secution case. In short, as to the actual occurrence, there is no independent corroboration of the prosecution case and it is wholly unsafe to place any reliance upon tainted evidence of the highly interested witnesses like PWs 1 and 6. No explanation has been offered by the prosecution as to wh...... H Rahman J TH Khan J. Golam Kader......................Appellant Vs State………………………..Respondent J..Category: Criminal Law | Date: | Hits: 59
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. ......sional Jurisdiction Present: Habibur Rahman J. Syed Idris alias Idris Mir and others................ Petitioners Vs. State…......................Opposite Party Judgment &nbs..Category: Criminal Law | Date: | Hits: 82