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Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....p; Nurul Islam J.- In this application under section 115 of the Code of Civil Procedure the petitioner Sree Pronab Kumar Majumder obtained the Rule praying for setting aside the judgment and order date 17.1.70 passed by learned Subordinate Judge of the Additional Court, Jessore in Miscellaneous ......on whatsoever with the disputed lands which are in their possession. They further allege that they were possessing the disputed lands from long before bargadar and on 3.10.68 they were served with notice by Sub-divisional Officer Jhenidah asking them to surrender the said disputed properties; an......p; Nurul Islam J.- In this application under section 115 of the Code of Civil Procedure the petitioner Sree Pronab Kumar Majumder obtained the Rule praying for setting aside the judgment and order date 17.1.70 passed by learned Subordinate Judge of the Ad..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....se he cannot impute any criminal intention. The trial Court had drawn adverse presumption against the appellant by stating that he made over charge on 16.8.64 but disposed of the amounts between that date and 21.8.64. The defence case, on the other hand, was that the appellant continued to remain in......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. ......udgment 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 default, to suffer rigorous imprisonment for one an..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
..... Tofail Ahmed — For the added respondents. Petition No. 310 of 1970. Judgment Maksum-ul-Hakim J: The five petitioners have challenged the validity of the order dated 8.5.68 (Annexure-T) passed by the Additional Deputy Commissioner (Revenue), Bakarganj and th......s those plots were recorded as river Tetulia in both BS and SA maps. The added respondents further pointed out that Demarcation Case No. 42 of 1966 was started and disposed of at their back and no notice was served on them in spite of the fact that they were in possession of the char land as car......on 60 of Survey Act filed by Hajee Jalal Ahmed and others against the order of the ADC (Rev), Bakarganj in the matter of boundary demarcation and settlement case records received with your memo No. forwarded to the CO (R), Bhola Mehendiganj PS for taking necessary action in the light of the orde..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....es 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 order dated 16th of January, 1967 passed by the learned Munsif, 4th Court, Narayanganj refusing to stay ......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. ...... 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 order dated 16th of January, 196..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....x's Bazar WAPDA Division”. 3. The rate of the plaintiff who was a registered contractor was accepted and the works were allotted to him and detailed work order Nos. 41, 42 and 43 dated 3.12.1960 was issued to the plaintiff. In the said work order, the works and the accepted ra...... EP WAPDA Chittagong." Reading of the above award will show that the Project Director did exercise his power as an arbitrator as stipulated under clause 25 of the agreement. Repeated notices, Exhibits c(4) as well as 4(c) clearly show that the Arbitrator was approached and he issue......3,05,640 sft. and item No.3 it was 23,077 numbers. At Ujantia, the work required and allotted to the contractor was also similar in nature and at the same rate. In item, No. 1 the work was required for an area of 17,400 sft. in item No. 2 the work was required at about 38,160 rft and with regard ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
.... SMA Latif—For the Opposite Party No.1. Civil Rule No. 1324 of 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 a......fazzal Molla and Abul Hossain Molla who were defendants 2 and 3 respectively in the said Rent Suit. 4. In the present petition the petitioners have stated that they were not served with any notice of the application under section 151 of the Code of Civil Procedure, nor did they receive an......ompromise decree in Rent Suit No. 602 of 1962 in a proceeding under section 151 of the Code of Civil Procedure. 2. The decree set aside by the impugned order was rendered on 4-1-63 in the aforesaid rent suit purported to have been brought by Jagadish Bhattacharya and Parul Bala Debi for ..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....een written by Muktear's clerk and countersigned by Muktear. This was forwarded to the Monirampur Police Station for investigation and report treating this petition of complaint as FIR by an order dated 7.6.66 passed on the body of the petitioner. Thereafter the police investigated the case and ......earing from the record. It is clear that the learned Sessions Judge did not say a word of comment about the absence of independent corroborative evidence as to the occurrence. He clearly failed to notice the important fact mentioned in Ext. 4 that Sharifunnessa had fled away. The main reasons as...... August 13th, 1970. 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: &nb..Category: Criminal Law | Date: | Hits: 59
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. ......3. The accident took place when he was taking charge from the outgoing conductor of the said bus. 3. The appellant after being removed to the Dacca Medical College Hospital, remained there for treatment as indoor patient from 8.3.1965 to 12.1.1966, that is to say, for about a period of t..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...... in Daulatpur Jute Mills Limited, Khulna and the "chargeable accounting period" in respect of which the impugned tax 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 ......ax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers ..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......t there is nothing on the record to show that the plaintiff 1 started the 145 proceedings on behalf of the plaintiff 2. Under the circumstances it cannot be argued that the plaintiff 2 also had notice of the order passed under section 145 proceedings." In the above context the......bsp; Nurul Islam J.- The appeal is at the instance of the defendant Nos. 1, 2 and 5 and arises 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 a..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......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. ......970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Johar prayer, accused Shiraj Ali gave dao blows to Fajarjan Bibi, mother of the informant Abdun Noor and she died instantaneously on the spot. The accused then injured his shala Tahi..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. ......ents Judgment May 6th, 1970. Cases Refered to- Ali Dewan and another vs. Akram AH Prodania and another 17 DLR 343; 41 CWN 257 (PC); AIR 1948 (PC) 168. Lawyers Involved: MA Rouf —for the Appellants. Not Represented—the Respondents. Appeal from Appellate Decree No. 906 o..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. ......alled upon to answer the charge for substantive offence of murder under sections 302/34 PPC. The learned advocate has therefor sought to point out that the accused appellant did not get sufficient notice of all the facts which constitute the offence of abetment of murder and, as such, they have ......p; Ahsanuddin Choudhury J: These 4 appellants have been convicted under sections 302/109 PPC by the Sessions Judge Dinajpur and sentence to transportation for life. 2. In short, the prosecution case is, that the deceased Jahiruddin married, accuse..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....icle 98 of the late Constitution of Pakistan by one Shuk Deb on behalf of Sree Lakshmi Narayan Jiu Thakur 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......Shebaits of the deity live permanently in Pakistan and having gone to India prior to the conflict could not come back for want of traveling facilities and in 1967 during their absence the impugned notice was served on the Pujari. Samarendra Nath Das, one of the Shebaits, has come back to Pakista...... the Boses and Puja expenses of the deity are but a charge on the said property and, as such, the property, in fact and in law, belongs to the Boses and they having migrated to India permanently before the conflict of 1965 between India and Pakistan, the property is an enemy property and has, by..Category: Property 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......be excepted but also the entire lands covered by the lease should be excepted." The question has been considered in several cases in this court. The earlier cases on the point are noticed in the case of Najemodeen Moonshi vs Syed Hasan Hyder Chowdhury (1905) 9 CWN 852, followed ......i Probha Nag in 53 1C 188; Faruzuddin Mondal vs. Tahirannessa Bibi and ors. 15 DLR Dacca, 214. Lawyers Involved: Farid Ahmed, Advocate—For the Appellants. Mahmudul Islam for BN Chowdhury, Advocate—For the Respondents. Appeal from Appellate D..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......at Hobi Durani, the father of PWs Siraj and Fazila accompanied them to his house. They broke their fast at his house; took their night meals and slept in his north 'bhiti' hut. It has been already noticed that PW 2 and PW 4 denied that their father Hobi Durani accompanied them to the house of Ya......ondemned Prisoner. Death Reference No. 6 of 1970 and Appeal No 237 of 1970. Judgment: TH Khan J: This is a Reference under section 374 of the Code of Criminal procedure for confirmation of the sentence of death passed on the condemned prisoner Abdur Rashid under secti..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......d to register the document and, as such, the impugned order dated 12.2.70 should be declared as one without legal effect. 8. In considering the points raised in this case it is necessary to notice that on 15th July, 1965 when the impugned document was presented for registration Fundament...... Judgment: Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by the vendors before the ..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. .......11.69. From 1968, Messrs Pakistan River Steamers Limited was running their steamer from Dacca to Barisal. On 7.11.1969, the IWTA granted to Messrs. High Speed Navigation Company Limited a time-table for Dacca-Patuakhali via Barisal route. The petitioner firm is aggrieved by the time-table granted t..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. ...... Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddin Chaklader 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 pass..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...... krome oi Adesh obilombe prottahar korilo. 5. The said notification dated 14-12-96 was communicated to petitioner No.1 by Bangladesh Bank by a circular dated 1-2-97 (Annexure-H). By a notice, dated 4-2-97 petitioner No.1 was directed to intimate within 7 days as to whether there was......r. Petitioner Nos. 2 and 5 may be the nominee-directors of Appollo Steel Mills Ltd in the Board of Directors of the petitioner company. But they are also directors of the City Bank Limited and therefore their directorship is hit by the omnibus provision of section 25(3)……….....Category: Business or Commercial Law | Date: | Hits: 96
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