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State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... 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. ...... to live in- separate mess and in a separated homestead. Parashullah Fakir lived with his younger son Iman; Parashullah Fakir had no property except the homestead. Iman acquired about six bighas of land by cultivating others land on barga. He left behind his landed property and a sum of Rs. 1500......tion under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......Baksh and PW 7 Gul Mohammad went inside the hut with accused Lutfor Fakir who confessed before them there that he had murdered Dulal Fakir. He then covered his face with his hand. On being further questioned the accused said that he had brought Dao and rope from his father's house and purchased ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule to the plaint. 2. The case of t......p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule to the plaint. 2. The case of the plaintiffs, in......ent April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kumar Das and others 6 DLR 215; Syed Moin Ahmed vs. Khondkar Mohiuddin, 19 DLR 912; Arabjan Bibi vs. Abdul Kader and others 19 DLR 745; Ku...... Aslam Khan vs. Feroze Shah, 59 IA 386 their Lordships of the Privy Council held the view which was expressed in the judgment in the case delivered by Sir Lancelot Sanderson J observing that when a question is raised as to the party upon whom the onus in respect of the matter vested, it is not n..Category: Property Law | Date: | Hits: 59
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. ......, is rather severe. My attention has been drawn to the evidence of the Investigation Officer (PW 9) who has stated in his cross-examination that he went to the locality and saw the kalai land of the accused Safar Ali to the north west of PO at a distance of 150 cubits and also saw the......nt 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
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....e premises in question were let out to her husband late Gajanan Marwari, long before the alleged agreement dated 7.2.54, and that after the death of her husband in December 1953, she continued her possession as before. She herself occupied the ground floor of the two- storied mud walled house of......ent for the premises. 4. The defendant No. 2 in his written statement denied the title of the plaintiff to the premises in suit. His case is that the plaintiffs lease expired in 1953 and the landlady Bimala Bala entered into possession and let out the premises to late Gajanan Marwari, the...... Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; ...... the defendant Nos. 1 and 2 by filing two separate written statements. The defendant No.l challenged the agreement dated 7th February, 1954 as forged and fabricated. She stated that the premises in question were let out to her husband late Gajanan Marwari, long before the alleged agreement dated ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....indu Family claiming separate assessment after partition and separation. (II) Whether in the facts and circumstances of the case viz, oral partition of Joint Family properties, separate possession and separate enjoyment of agricultural income in definite shares by the members, sepa......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. ...... 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......: Maksum ul-Hakim J: This is a case stated by the Agricultural Income Tax Tribunal under sub-section (2) of section 63 of the Agricultural Income-tax Act. The questions of law propounded by and referred to this Court are as follows: "(I) W..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
.... 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 described in schedule 1 and also the 3 plots of the cultivabl......t Syed Mohd. Idris Ali the predecessor of the plaintiff and 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 '......sp; Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involved: Nasiruddin Chowdhury — For the Appellant. Habibur Rahman — For the Respondents. ......e trial. But it will be seen presently that notwithstanding the laches of the parties, the nature of the suit is such that it cannot properly be decided without oral evidence on the most important questions involved in the case. The suit is a partition suit and there is no agreement between the ..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... 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. ...... 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. ...... committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ......strate who was holding an inquiry under chapter XVII of the Code examined four witnesses by the prosecution out of seventeen witnesses cited and committed the accused to the Court of Sessions. The question that arose was whether by reason of section 347 of the Code of Criminal Procedure the Magi..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....me came to know about the said sale on the last Asar, 1372 BS corresponding to 16th June 1965, from her husband, to whom the opposite party No. 1 Maniruddin Biswas had disclosed that he would take possession of the land on the strength of his purchase. The petitioner thereafter took a certified ......p; TH Khan J.- This revisional application arises out of a pre-emption proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act, 1951, for pre-emption of 1.49 acres of lands out of CS plot Nos. 1224, 1225 and 1226 of Mouja Kulbaria with PS Jhenidah. It is directed ag......ourt High Court Division (Civil Revisional Jurisdiction) Present: TH Khan J Bijon Bala Chowdhurani & others..............Petitioners Vs. Maniruddin Biswas & others.........Opposite Parties Judgment June 11th, 1970. Cas......The co-applicants case was that they were equal co-sharer's by right of purchase on the basis of the same kabala under which the original applicant claimed her locus standi to pre-empt the lands in question. They also alleged that they were not served with the notice of the sale under pre-emption..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ccused in the night previous to the occurrence. PW 1 Tamijuddin, PW 2 Mohammad Ali and PW 4 Nurunnabi stated that there used to be occasional quarrels between the deceased and the accused over the possession and enjoyment of the property inherited by the deceased from her father. All these three......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. ......ge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ...... 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 Ghulam Rabbani, the learned Advoca..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....nant filed an application before the said Magistrate under section 522 of the Criminal Procedure Code for restoration of the disputed hut. The trying Magistrate passed the order for restoration of possession of the disputed hut to the complainant on 16.12.68. Subsequently the appellate Court set......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. ......round for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ......s of the Division Benches. In the case of Ujir Sheikh Vs. Syed Ali and others (supra), their Lordships Mr. Justice Chitty and Mr. Justice Beachcroft have observed: "So far as the question of jurisdiction is concerned, we think that the Appellate Court had power to set it aside..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
.... of land including a building and a tank were acquired by him on the basis of an unregistered will which was duly probated on 28.2.68 and that the defendant opposite-parties threatened him with dispossession from the lands in suit. His further case is that the lands in suit originally belonged t......versing the decision of the learned Munsif. 2. The petitioner filed the aforementioned suit praying for permanent injunction to restrain the defendant opposite-parties from entering into the land in suit alleging, inter alia, that 5 acres of land including a building and a tank were acqui...... 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 Subor......t and order dated 24.7.69. The defendants opposite party Nos. 1 and 4 contested the said application by filing written objection. Their case is that the alleged gift and family arrangement and the question of possession as sought to be made out by the plaintiff petitioner are all false and motiv..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. ......red to the decision of the Privy Council in the case of Srinivas Mall vs King Emperor 51 CWN 900. In the aforesaid case their Lordships agreed with the view, expressed by the Lord Chief Justice of England in the case of Bread vs. Wood in the following terms: "It is in my opinion of the utmost......o 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. ...... same trial. Whether an offence can be 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 pu..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....pose up all such claims of settlement and allotment of the lands in view of the direction of the Additional Commissioners, Khulna Division. It appears that some disputes arose thereafter as to the possession of these char lands and on being approached by the petitioners, the Officer-in-Charge, M...... Bakarganj." 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...... we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......stration of Bhola Magistracy and police over the new char land as before from 1967 and also for directing the SDO, Sadar (North), Barisal, not to interfere in the administration of the new char in question. On this petition the Deputy Commissioner, Bakarganj passed the impugned order dated 18.7...Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....enations thereof by certain persons were void and ineffectual, the second suit while adopting these plans goes further in alleging that the plaintiff is the Mutwalli of the waqf and in asking for possession of alienated property to be delivered to him in that status. There is also the point th......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. ......ers……..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 Choud......t the said defendants would suffer irreparable loss if the further proceedings of the Money Suit were not stayed inasmuch as the plaintiff of the Money Suit was not 16 annas owner of the holding in question and that the wife of defendant No. 3, her mother and brother have 4 annas interest in the ..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. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ...... Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970. Cases Referred 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 ......st this unilateral change of the rate and contended that the tender agreement which was accepted by the defendant could not be unilaterally changed and particularly due to the fact that the work in question had already been undertaken and most of the work had already been completed. It was furth..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....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. ...... rendered on 4-1-63 in the aforesaid rent suit purported to have been brought by Jagadish Bhattacharya and Parul Bala Debi for alleged arrears of rent of Rs. 19.00 only in respect of 7.56 acres of land appertaining to different Khatians, shown as held in tenancy right under them, by the present ...... Mofazzal Molla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. I......puted lawyer of the Narail Bar, died in Agrahayan, 1363 BS leaving her as the sole her as she was the only married daughter capable of bearing a child. Accordingly, she inherited the properties in question from her father and has been possessing the same through bargadars. The alleged compromise..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. ......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. ......s hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......d did not give the power of Talak-e-Tawfiz to the wife. The wife asserted before the court that she had exercised her right of Talak-e-Tawfiz. Quite independently of the final determination of the question whether the marriage between PW 1 and PW 4 subsisted or not, the circumstances as disclose..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
.... each of them for a further period of six months has also been upheld. 2. The case for the prosecution briefly stated is, that CS Plot No. 9421 of Mouza Joinkati, PS Patuakhali is under the possession of PW 1 Abdul Aziz. On 3.9.66, PW 2 Seraj along with PW 7 Salam and withheld witness Faz...... the said plot. When PW 2 Serajuddin protested, accused Idris gave him a blow by Sharki and accused Sekendar gave him a blow by chwal. The accused persons forcibly took away paddy from the disputed land by boat. The paddy was grown by PW 1 Abdul Aziz. PW 3 Tajambar Biswas, PW 4 Kanchan, PW 6 Hat......and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......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)
....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. ...... 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 Cecil Ryan, AIR 1937 Cal. 526; Tannoch......g. What was however necessary to ascertain from a consideration of the entire materials on record was the effect of the accident and the consequent loss of the earning capacity. That is the crucial question in a case of this nature. The loss of earning capacity, however, should not be misunderst..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. ......thority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ...... Nos. 527 and 530 of 1963. Judgment: Salahuddin Ahmed J: The Rules Nisi issued in these two petitions have been heard one after another, and as common questions of fact and law were involved in them, they are now disposed of under one judgment. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
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