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Golam Kader Vs. State, 1972, 1 CLC (HCD)
....oubt about the prosecution case. 9. Let us next see the quality of the evidence furnished by PW 4 Sharifunnessa herself. She has given one version before the committing court from which she totally resiled before the sessions Court. In the committing court she stated that she was forcibly......amined in the case although admittedly 10/12 persons came at the time of the occurrence and several co-villagers had accompanied the complainant to the house of Golam Kader on that very night. The absence of independent corroboration in a case like this shakes the very foundation of the prosecut......bserved: "As Sharifunnessa was admittedly married to the complainant Abul Hossain, she continues to be his wife until the said marriage is terminated. The criminal Court has no jurisdiction to make a positive finding that the marriage between Abul Hossain and Sharifunnessa i..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. ...... Courts below, I find that no finding regarding dishonest intention has been given in these judgments. The intention is the gist of the offence under section 379 of the Pakistan Penal Code. In the absence of a finding regarding dishonest intention, the conviction of the accused-petitioners under......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. ..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....s examined by Mr. M. Idris, Assistant Professor or Urology, DMCH who certified that he was unfit for active physical work. The appellant, therefore, contended that the accident inflicted permanent total disability upon him and as he was drawing a salary of Taka 128.62 paisa as his monthly wages,......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. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....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. ......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. ......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
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... 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. ...... 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. ......said point of limitation was not justified in considering that the order passed by the learned Magistrate in a proceeding under section 145 of the Code of Criminal Procedure on 26.4.55 was without jurisdiction. According to the learned Advocate, the question as to legality or otherwise of the sa..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 66
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. ......would have been brought on record, it would have been seen that the accused was really insane at the time of occurrence. But the prosecution purposely with-held those witnesses and reports and in the absence of their evidence and reports, the plea of insanity raised in the case cannot be safely deci......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)
.... dismissed the suit. Against that decision this second appeal has been filed by the plaintiff. 4. Mr. Rouf, appearing for the plaintiff-appellants, has urged that the learned Subordinate Judge was totally wrong in holding that the award, Ext 6 obtained by the plaintiff in the DS Board proceeding ......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. ...... no ground for discarding the statement of the plaintiff on that ground. This finding of the learned Subordinate Judge that the award, Ext 6 is binding on the plaintiff and as such civil Court had no jurisdiction to entertain the subsequent suit for redemption is not sustainable in law and is set as..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. ......bstantive offence can be convicted of abetment thereof, if the facts proved justify such conviction and be such as were sufficient to give the accused notice of allegations of abetment, in spite of absence of a specific charge. It is thus clear from this decision that 2 conditions are to be satis......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. ......of the Boses who are 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......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. ..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. ...... 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. ..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. ......ld witness was tested by the Court to determine whether he was capable of giving rational answers to questions and whether he was capable of distinguishing the right from the wrong. In view of the absence of such note, either in the deposition sheet or in the order sheet, Mr. AW Mallick, the lea......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
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......land actually belonged to the father and the son was nothing but a benamdar of the father. The son filed a suit for declaration that the decision of the Revenue Authority is illegal, void and without jurisdiction. No prayer for confirmation of possession or for 1 injunction was made in the plaint. I..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....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 respon......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......r. The refusal was contended to be justified and valid. 6. Mr. Ahmed Sobhan, appearing on behalf of the petitioner, submitted that the respondent No. 2 acted illegally and in excess of this jurisdiction in not according the registration of the document in July, 1965 when the deed was pre..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... 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. ......rials to show the number of passengers involved and the disadvantage to the operator for his alleged loss of business and the corresponding advantage and disadvantage of the travelling public. In the absence of any specified data it is very difficult to decide this question. Further, these are highl...... 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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ......ch obstruction or likely to affect such free navigation or lawful use, he shall also be punishable with fine which may extend to one hundred rupees. (3) The Conservator or any Magistrate having jurisdiction over the offence may cause any such nuisance to be abated. The learned Magistrate noti..Category: Others | Date: | Hits: 162
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......ficient cause for the delay in making the application. There cannot be any presumption that the delay is caused .deliberately or on account of culpable negligence or on account of malafides. In the absence of any definition of the expression “sufficient cause” employed in this Rule, t......nt of Taka 500.00 by the plaintiffs to the defendant as compensation. Such discretion when exercised with the ends of justice in view the High Court Division could not interfere with in revisional jurisdiction. Similar view was expressed in Azimomiessa vs. Rup Gazi and others, 39 DLR 6. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......up the matter for consideration which is, to say the least, quite extraordinary. The learned Judges were not sitting in appeal or revision as would entitle them to proceed with the matter even in the absence of the parties. In the instant case, the High Court Division was exercising a kind of origin......e not sitting in appeal or revision as would entitle them to proceed with the matter even in the absence of the parties. In the instant case, the High Court Division was exercising a kind of original jurisdiction i.e. under section 491 Cr.P.C. The only course open to the learned Judges was to dismis..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......also did not hesitate to make it public that the order of the High Court Division would not debar him from passing the ruling on the issue. Then the author-appellant raised the question whether the jurisdiction of the Court is wide enough to reach out to the Parliament and answered it with an emp..Category: Criminal Law | Date: | Hits: 75
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