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Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....possess the plaintiffs and their co-sharer from a portion of the land of the patta in 1947 resulting in 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 ......shmanna and others vs. Tangirala Venkateswarla 2 DLR 83 (PC). Their Lordships of the Judicial Committee of the Privy Council held in the said case to the following effect: "What is called the burden of proof on the pleading should not be confused with the burden of adducing ev......d if the case is such that the cause of action survives to the surviving appellants alone or respondent or respondents alone, as the case may be and there is no chance of conflicting decree one of trial Court and the other of the Court of appeal then the abatement on account of death of one will......ll be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....an Penal Code. 2. All the 7 petitioners have been convicted under section 147 of the Pakistan Penal Code and sentenced to pay a fine of Rs. 100.00 each, in default, to undergo rigorous imprisonment for 2 months, the petitioner Nos. 2-7 have been further convicted under section 323 of the......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. ......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. ......s and one month shall run consecutively. Ed. ..Category: Criminal Law | Date: | Hits: 69
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....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 predecessor of the plaintiff and the defendants was the sole owner in possession of the homestead property......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. ......tition." 10. The learned Subordinate Judge repeated the above facts in his judgment in a paragraph just above the issues. He further stated— "At the time of trial, however, it was admitted that Manira Banu did not predecease her father and consequently in...........Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....ry — 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 from the office......al also does not claim of any prior notice in respect of this report. On receipt of the letter of the Controlling Authority, the Deputy Commissioner who is also the Chairman of the District Council called a meeting of the District Council on 23.1.68. The petitioner contends that this notice was ......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. ......p; Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January 13th, 1971. ..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....order passed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Hussain alias 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 opp......t the station the case was transferred to Mr. A Huq, lawyer-Magistrate on 27.3.68 and he examined twelve more witnesses for the prosecution upto 1.11,68 and after close of the prosecution evidence called upon defence on 26.11.68 to supply list of DWs. Defence took some adjournments and on 20.1.6......This Rule is directed against an order passed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Hussain alias 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......e court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....accused appellant's third wife Altafunnessa died due to the injury sustained by her in the front part of the neck. PW 5 Dr. A Azim, Medical Officer, Gaibandha who held post mortem examination has also opined to that effect. The question is whether this wound was homicidal or suicidal. Mr. M Ghula......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. ......he investigation he submitted charge sheet against the accused appellant. A Magistrate of the First Class held preliminary inquiry and committed the accused to the Court of Sessions. At the time of trial the prosecution case was that the accused occasionally used to have quarreled with his wife ......) DLR (FC) 56. st Sairan vs. State (1970) 22 DLR (SC) 35; Sultan Ahmad vs. Crown (1954) 6 DLR (FC) 28: Fazal Elahi vs. Crown (1953) 5 DLR (FC) 207. Lawyers Involved: M. Golam Rabbani and Md. Nurul Islam, Advocates—For the Appellant. T Talukdar, Advocate—For the S..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....f section 522 only applies to the Court which is dealing with the original matter either as a Court of appeal, confirmation, reference or revision in relation to that matter. It does not give any sort of right of appeal by itself against an order passed under section 522". Alth......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. ......de, which authorises the Appellate Court in an appeal to make any incidental order." The order of the appellate Court, in the present case, setting aside the order passed by the trial Court under section 522 of the Criminal Procedure Code is an incidental order within the mean......titioner Vs. Sudhir Kumar Kundu and another……...Opposite Parties Judgment November 16th, 1970. ..Category: Criminal Law | Date: | Hits: 66
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
.... Md. Modabber Hosain —For the State. Criminal Appeal No. 204 of 1958. Judgment: Abdullah Jabir J.- This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and ......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. ......tion made under section 242 CrPC. . He also made a statement under section 342 CrPC. which will be referred to hereafter. The prosecution examined 16 witnesses including an Investigation Officer. The trial Court found the appellant guilty in respect of offence mentioned in clause (d) of sub-section ...... Abdullah Jabir J.- This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....p; Nurul Islam J.- This Rule arises 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 ......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. ......re. To appreciate this point it would be better if I quote section 10 of the Civil Procedure Code -which runs as follows: "10. Stay of suit.—No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a pr......ed application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....egs 2' to 3' length of 2"X2" size 7,600 Nos. at Rs. 20/-per number. 4. The measurement as given above relates to the work at Koroiardia. Similar; work at the same rate were also required to be done at Mognama and Ujantia. The work in item No. 1 in Magnama was stipulated 3,5......em Nos. 2 and 3. The plaintiff claimed that on the basis of this calculation he was entitled to a sum of Rs. 25,028/67 paisa on this account and claimed payment accordingly. The Executive Engineer called the plaintiff nine times to Cox's Bazar from Chittagong, but did not ultimately make the pay......ned himself and produced a number of documents to substantiate his case. On the side of the defendant, however, no witness was examined, but they filed the correspondence to support their case. The trial Court after considering the papers on record as well as the testimony of the witness held th......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..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....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 aside a compromise decree in Rent Suit No. 602 of 1962 in a proceeding under section 1......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. ......portunity to contest the said application is of substance. It is, therefore, necessary to afford them an opportunity to contest the proceeding. Naturally, the case shall have to be remanded to the trial Court. 7. We may next turn to the second point urged by the learned Advocate for the ......I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....laced on trial on charges under sections 366 and 376 of the Pakistan Penal Code for abducting one Sharifunnessa, the wife of the complainant Abul Hossain. The trial was held with the aid of 4 assessors who were unanimous in their opinion that the appellant was guilty of the offence under section......s substantive evidence and that the trial Court may accept the same or any part of it in preference to the evidence, or any portion thereof, given in the trial Court, nevertheless, the court is called upon to exercise care and caution in accepting such evidence when there is a serious clash ......sed Golam Kader is directed against the order of conviction and sentence passed on 29 February 1968 under section 366 of the Pakistan Penal Code. The appellant, along with two others, was placed on trial on charges under sections 366 and 376 of the Pakistan Penal Code for abducting one Sharifunn......970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 DLR 712. Lawyers involved: No one- both for the Appellant and Respondent. Appeal No. 174 of 1968. Judgment: TH ..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....ssed by Mr. MU Chowdhury, Magistrate, 1st Class, and Patuakhali convicting the accused-petitioners under section 379 of the Pakistan Penal Code and sentencing each of them to undergo rigorous imprisonment for six months. The order convicting and sentencing accused Idris and Sekandar under sectio......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. ...... of PW 5 Afaz Howlader regarding what he heard after the occurrence is not also admissible inasmuch as he does not state from whom he heard about the occurrence. The appellate Court as well 'as the trial Court has taken into consideration the inadmissible parts of the evidence of PW 5. They have......preme Court High Court Division Criminal Revisional Jurisdiction Present: Habibur Rahman J. Syed Idris alias Idris Mir and others................ Petitioners Vs. State…......................Opposi..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....his earning capacity. The Administrative Officer of the respondent Corporation assured the appellant that he would be paid lawful compensation after calculating the sum and asked him to see him on-some future occasion. The appellant saw the Administrative Officer for the last time in April, 1966......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. ......nbsp; Vs. Chairman EPRTC.... ............Respondents Judgment March 24th, 1970. Cases Involved: Muslim Cotton Mills (Pakistan Industrial Development Corporation vs. Din Islam 11 DLR 165; Agent, East Indian Railway vs. Maurice Cec...... M A Aziz - For the Appellant. Abdus Subhan — 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 Miscel..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....on (2B) of section 34 did not operate retrospectively. 5. In the year 1966 sub-section (B) of the Income Tax Act was amended, and not only was the period of limitation further amended but also the section was made to operate retrospectively. 6. As a result of these amendments the ......under the Business Profits Tax has been levied is 1.7.54 to 30.6.55. A notice was issued upon the petitioner under section 11 of the Business Profits Tax Act, 1947 (Act No XXI of 1947), hereinafter called the Act, on 26.6.62 and on the same day an order of assessment was made. The petitioner havi......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: ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....es out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same and also for declaration to the effect that the kabuliyat dated 6.9.46 in the name of the defendant No. 1......hat where there is no danger at any point of time of any further breach of public peace taking place, then manifestly the invocation of the summary procedure provided by this section is no longer called for and should be put an end to." Considered from the said principle of la...... 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. ......15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....itioner Keramat Ali, Ayub Ali, Seramat Ali, Sabir Mia, Sultan Mia and Ismail under sections 379 and 447 PPC and sentencing each of them to pay a fine of Rs 20 in default each to suffer simple imprisonment for 15 days. 2. The case for the prosecution, briefly stated, is that complainant Pr......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......ners to make a reference to this court. Thereafter the petitioners obtained this Rule. 4. Mr. A Wahab, the learned Advocate for the petitioners, argues that the judgment of the trial Court is bad in law inasmuch as there is no finding regarding the intention in respect of the......r of conviction and sentence is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
.... (Criminal Appellate Jurisdiction) Present: A Hakim J K Hossain J State...................................Petitioner Vs. Shiraj Ali.................................... (Condemned Prisoner) Judgment January 26, 1971. Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 La......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. ......ocal police investigated into the case and submitted charge-sheet against the accused. After a preliminary enquiry by a competent Magistrate the accused was committed to the Court of Sessions to face trial under sections 302 and 307 PPC and was thus put on trial before the Additional Sessions Judge,......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 ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
.... the lands recorded in TS No. 48, Mouza Rasulpur, 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 ......e 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 there is no evidence that the property belonged to the husband o......ants and it has been ascertained by local inspection that the defendants is true and, as such, the plaintiff is not entitled either to the decree or to the compensation. 3. Both the panics went on trial and the trial Court on consideration of the evidence decreed the suit. The learned Subordinate....../- 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)
.... Judge Dinajpur and sentence to transportation for life. 2. In short, the prosecution case is, that the deceased Jahiruddin married, accused Amina Khatun some 8 or 10 years ago but they were not pulling on well and Amina Khatun used to live mostly in th......ued that the conviction of the accused appellants for abetment of the substantive offence without any formal charge under sections 302/109 PPC against them is erroneous in law inasmuch as they were called upon to answer the charge for substantive offence of murder under sections 302/34 PPC. The ...... the preliminary enquiry, committed accused Tomiza Khatun under section 302 PPC accused Amina Khatun, Soley alias Soleman and Monglu under sections 302/34 PPC to the court of session to face their trial. But in the Court of Sessions all the four accused were charged under section 302/34 PPC. The......he case. Ed. ..Category: Criminal Law | Date: | Hits: 76
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