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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. ...... August 13th, 1970. Cases Referred to: Montazuddin and others vs. Crown 8 DLR Dacca 95; MFN Rewail vs. State 8 DLR Dacca 589; Amir Hossain Talukdar and others vs. Crown 9 DLR, Dacca, 71. Lawyers Involved: NA Rouf, Ad......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. ..Category: Criminal Law | Date: | Hits: 69
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....4 IA 87; Sur Sundar Singh Majithia vs. The Commissioner of Income-Tax, CP and UP 1942 (10) ITR 457. Lawyers Involved: BN Chowdhury, Pradip Kumar Guha — For the Applicant. Mohammad Habibur Rahman — For the Respondent. Reference Case No. 9 of 1961. J......icultural Income Tax Act 6. The application of the assessee for referring the above questions to this Court having been rejected by the Tribunal the assessee approached this Court. Mr. Imam Hossain Choudhury and Mr. Justice BA Siddiky (as their Lordships then were by their judgment dated ......; Barman and others...........Applicants Vs. Commissioner of Taxation, East Pak. Dacca (now Director of Taxation, E. Pak. Dacca) .........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
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....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. ...... High Court Division Special Original Jurisdiction Presents: Maksum-ul-Hakim J Fazle Munim J Rabiul Hossain... ............Petitioner ...... Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents ......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)
....t of the petitioner was manifestly perverse and not based upon evidence on record. It may be stated incidentally that in the case before the learned Magistrate two persons by the name of "Abul Mohammad" were accused and one of them who along with Abdul Hamid was said to have assaulted B......y to the court concerned. Ed. ...... Presents: Abdullah Jabir J TH Khan J Abul Hossain and Abul Md.............Petitioner Vs. Amatu Md............................Opposite Party Judgment November 9th...... 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
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....n the night previous to the occurrence. He however, stated in his cross-examination that he did not hear any quarrel between the accused and the deceased in the night prior to the occurrence. PW 2 Mohammad Ali stated that the quarrel in the night prior to the occurrence took place among the fema......ye, Khoka, etc. came. He further added that he had no doubt that his wife Altafunnessa had committed suicide being unable to bear the severe pain in her stomach. PW 7 Assistant Sub-Inspector Altaf Hossain recorded the statement of accused Kasiruddin Sarkar in the General Diary Ext. 1, obtained h......nbsp; Kasiruddin Sarkar @ Kasiruddin Fakir.................Appellant Vs. The State....................................................Respondent Judgment......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
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....efore, the order passed by the Additional Sessions Judge is illegal and without jurisdiction. In support of his contention, he has cited two Single Bench decisions of the Lahore High Court, namely, Mohammad Sharif vs. Diwan Singh AIR 1940 Lah. 95 and Ghazan and another vs. Mt. Bag Bhari AIR 1932......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. ......du .......................... Petitioner Vs. Sudhir Kumar Kundu and another……...Opposite Parties Judgme......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. ..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....Cases Referred: SN Gupta & Co vs Sadananda Ghosh & others (1959) 11 DLR 470; Jamman Mia vs Assistant Custodian of Enemy Property (1969) 21 DLR 562; Shahzada Muhd. Omar Beg vs Sultan Mohammad Khan and others (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Abdur Rahim, Ad......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. ......risdiction Present: Nurul Islam J Pronab Kumar Majumder ...................Petitioner Vs. Hatem Mondal and others ............Opposite Parties Judgment November 5t......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. ......Bank of Pakistan, Jessore, the appellant disposed of the same between 27.5.64 and 19.8.64 in favour of M/s (1) Nasir Uddin, (2) Md. Abdus Salam, (3) Sk. Anwarul Haq, (4) Md Nurul Huda, (5) Md. Mofzal Hossain (6) Md. Babar Ali (7) Md. Kasem Ali (8) Md. Ebadulla Molla and (9) Md. Momin by corrupt of i......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. ......f law prescribing the mode in which such money was to be disposed of. The law relating to disposal of Works Programme Fund, according to the said Court, was laid down in circular No. 44 issued by the Secretary of the Basic Democracy and Local Government Department. This circular contains certain ins..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....ment January 27th, 1971. Lawyers Involved: Tufail Mahammad Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965 (SC); Lawyers Involved: DC Bhattac......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. ...... Presents: Maksum-ul-Hakim J Fazle Munim J Abdul Hamid Howlader and others.....Petitioners Vs. Province of East Pakistan ..............Respondents Judgment &n......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)
....alli of the waqf and in asking for possession of alienated property to be delivered to him in that status. There is also the point that mesne profits are sought in the second suit. The point that Mohammad Afzal is a duly constituted Mutwalli of the waqf forms no part of the contentions 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. ......rt High Court Division (Civil Revisional Jurisdiction) Present: Nurul Islam J. Suriya Begum and others...........Petitioners Vs. Alimulla Mallik, and others……..Opposite Parties Judgment Ju......ip;…..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan, Karachi 16 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choudhury PLD..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......claim of the plaintiff. The suit was, accordingly, decreed in part for Rs. 18,355/-only, 8. This judgment and decree of the trial Court has been challenged before us. 9. Mr. Mofazzal Hossain Khondker, the learned Advocate appearing for the appellant, has firstly contended that ther......urisdiction Presents: Maksum-ul-Hakim J Fazle Munim J. SK Shamsul Huda.....................Appellant Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970......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)
....1 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. Idris Khan vs. Hajee Erfanuddin, 9 DLR 601; Suresh Chandra Sen vs. Jogesh Chandra Sen, 43 CWN 969; Lawyers involved: Syed Mohammad Ali—For the Petitioner. SMA Latif—For the Opposite Party No.1. ......f allowed the application ex parte and set aside the said compromise decree by an order dated 20.8.66. As against this order the present Rule was obtained by the petitioners Mofazzal Molla and Abul Hossain Molla who were defendants 2 and 3 respectively in the said Rent Suit. 4. In the pre......osts. Ed. ......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)
....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. ......l 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 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 th......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. ......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
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
.... 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 Involved: Md. Nurul Huq and Mohammad Hassan — For the petitioner. AM Khan Chowdhury, Assistant Advocate General&md......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. ......latpur Jute Mills Ltd.........Petitioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, ....... Income Tax 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 79..Category: Fiscal/Taxation Law | Date: | Hits: 106
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. ......till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......orted in: 24 DLR (1972) 69. ......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)
....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. ......for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......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. ......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
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....on 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 the house of her father Tofa Mohammad. Accused Soley alias Soleman who frequently used to visit Tofa Mohammad's hous......Abed All 14 DLR 701; Jananedra Chandra Ghattak vs. The King Emperor 34 CWN 198; Indur Chand vs. Emperor ILR 42 Cal 1094; Emperor vs Mahbir Prasad ILR 49. Lawyers Involved: Md. Moktar Hossain—For the Appellants. Shah Harmutullah—For the State. Criminal Appe......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. ......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)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......erefore, made absolute but without any order as to costs. Ed. ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ...... Vs Province of East Pakistan represented through the Chief Secretary Government of East Pakistan .......Respondents Judgment Novembe..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. ...... 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. ......-Appellants Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th,......aid to have their right, title and interest subsisting. Reference may be made in this connection to the decision in the case of Shaha Md Elais Shah vs Province of East Pakistan (Represented by the Secretary, Revenue Department) Government of East Pakistan, Dhaka and others 17 DLR Dacca, 227. A D..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ....... Heard learned Public Prosecutor. It appears that the accused has no means to engage any lawyer. He is charged under section 302 PPC, involving capital punishment. In the circumstances Mr. Emlak Hossain, Advocate, be appointed without any objection from the accused to defend him. Charge is ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
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