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State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....nd her minor daughter slept in hut. Accused Lutfor Fakir had sent may his wife to her father's house about 10 days before the occurrence. Accused Lutfor Fakir slept in the southern bhiti hut. SBBC time after mid-night deceased Dulal's pond mother Saju Bibi called PW 2 Bano Hi and asked her wheth...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....oor thereof to one Prafulla Nandi, and the huts of holding No. 346 to the defendant No.2. The first floor was blown away by the cyclone of October 1960. The sub-tenants were in occupation from the time of her husband with the knowledge and consent of the plaintiff and, as such, the defendant No....... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
.... BS the five brothers partitioned the joint property and since then they possessed their respective properties separately in separate sahams after effecting a partition by metes and bounds. At that time, no specific document or deed was executed and registered by the parties and the partition, i......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....nd the defendants was the sole owner in possession of the homestead property described in schedule 1 and also the 3 plots of the cultivable lands described in schedule 2 to the plaintiff for a long time. Syed Md. Idris Ali was a renowned 'Peer' and towards the north of the homestead the tombs of......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
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... for removing him as Chairman of the said union council on the allegation that he falsely identified certain person as sole heirs of some deceased persons although they had other co-sharers at the time of disbursement of compensation money. On receipt of this letter the respondent No. 2, the con......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. ..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....erson should be tried before himself or some other Magistrate, in such case he shall proceed accordingly. The learned Magistrate took up the trial of the case against the accused persons and at the time of writing out judgment it appeared to him that some of the accused persons should stand trial...... 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. ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....purchased the land under pre-emption by kabala dated 24th September, 1964 from Anil Kumar for a consideration of Rs. 1500.00 without serving any notice thereof to the petitioner. She for the first time came to know about the said sale on the last Asar, 1372 BS corresponding to 16th June 1965, fr......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....leting the 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 h......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. ..Category: Criminal Law | Date: | Hits: 124
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....ssion as sought to be made out by the plaintiff petitioner are all false and motivated. It is their further case Birendra died in Pakistan on 31.12.66 and he was insane for about 30 years till the time of his death, and that he leaving 4 sons all of whom are residents of India and that the plain......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)
....said to have been committed in the same transaction as another offence must depend upon the facts and circumstances of each case. The usual criteria applied are questions relating to the proximity of time, place, and the continuity of action and community of purpose. Reference may, in this connectio......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. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....ot; 2. The petitioner's case is, that during the settlement operation in the years 1903-1904, 1511.40 acres of land of touzi No. 2694 of the Collectorate of Bakarganj which belonged at that time to "Tagore Raj Estate" was in the bed of river Tetulia. During the revisional survey......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. ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....se their share of arrear rents from the plaintiff of the Money Suit by instituting another independent suit in that behalf. If the further proceedings of the Money Suit be now stayed and in the meantime the Title Appeal be allowed to be disposed of the plaintiff of the Money Suit will not be in ......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)
....rector (Superintending Engineer Cox's Bazar Division). In the above letter, the plaintiff also asked for doing justice in his matter. A similar claim for item Nos. 2 and 3 was also pending at that time before the Project Director., who was the Superintending Engineer of the circle from another C......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)
....o manner of doubt that she has prosecuted the application under section 151 of the Code of Civil Procedure bonafide. So, it hardly needs mention that she cannot be held responsible for the loss of time covering the period between the date of presentation of the said application and the date of a......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)
....Sharifunnessa aged 24 years and carried her to the house of the appellant and confined her inside a room and the other accused stood as a guard with a gun and shorki in hand at the verandah. At the time of taking Sharifunnessa away, Abdul Kasem (PW 6) the younger brother of the complainant was pr......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....ege 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 ten months. During this period, the appellant was operated upon three times. Even after his release from the hospital, the appellant contended that his left leg remained......tal disablement: permanent partial disablement as contemplated under section 2(C) or permanent total disablement as defined in section 2(1) (b) of the WC Act. Section 4 of the WC Act lays down the scale according to which compensation is to be assessed. Section 4(1) B is applicable to the case o..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....come Tax Appellate Tribunal, Dacca Branch, Dacca, by its order dated 20.12.62 allowed the appeal and set aside the two impugned orders of assessment dated 31.5.61 and 30.6.62. 4. In the meantime section 34 of the Income Tax Act, which had been accepted by section 19 of the Act as a part o......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)
.... room from Jaistha 1353 BS to Falgoon, 1354 BS left the house and constructed a new hut towards the east of the disputed room after taking settlement of the land from the District Board. In the meantime the defendant No. 3 by a registered kabala dated 5th Sravan, 1459 BS sold the northern two ro...... 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)
....far Ullah and for attempt to murder of Tahid Ali, Liljan Bibi, Pankhi Bibi and Ulfatullah. 4. The accused pleaded not guilty to the charges. The defence plea was that the accused was insane at the time of commission of the offence. 5. 24 witnesses for the prosecution and none for the defence w......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. ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
.... 1.10.58 when the symbolical possession was obtained on 18.5.1951, the suit is well within 12 years from the date of symbolical possession and, as such, the present suit for possession is well within time. 9. Lastly, Mr. Rouf has assailed the finding of the learned Subordinate Judge regarding pos......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
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