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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. ......, 1970. Cases Referred: Sk. Mujibur Rahman & others vs State 15 DLR 549 PLD 1964 Dac 330; Fakku Mia alias Motahar All vs. The State 10 DLR 26; Srinivas Mall vs King Emperor 51 C.W.N 900. Lawyers Involved: Abdul Aziz with Latifur Rahman—For the Appellant. Md. Modabber Hosain —F......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)
....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. ......ast Pakistan ..............Respondents Judgment January 27th, 1971. Lawyers Involved: Tufail Mahammad Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965......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)
....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. ......Afzal vs. Mt. Sardar Begum and others, AIR 1949 Lahore 69; Komorappa Goundan vs. Ramaswamy Goundan, AIR 1948 Madras 150; RK Balaji Rao and others vs. MO Natesa Chatty, AIR 1948 Madras 138. Lawyers Involved: Aftabuddin Ahmed- For the Petitioners. MA Rouf — For the Opp......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)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......ovince vs. Dr. Lakshmi Das AIR 1944 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain and another vs. Singhai Gulobchand AIR 1944 Nagpur 24. Lawyers Involved: MH Khondker and Abu Backkar—For the Appellant. Abdul Wadud 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)
....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. ......ibi vs. Md. Ali.Shaha, AIR 1941 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......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. ......lip;..Respondent Judgment 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 1......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
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. ......p; August 21st, 1970. Cases Referred to- Emperor Vs. CA Mathews, AIR 1929 Cal. 822. Lawyers Involved: Abdur Rasheed with ATM Afzal — For the Petitioners. Not repre......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. ...... 1937 Cal. 526; Tannoch (Pauper) appellant vs. Brownieside Coal Company Limted respondent 1929 AC 642; Tannoch (Pauper) appellant vs. Brownieside Coal Company Limted respondent 1929 AC 642; Lawyers Involved: M A Aziz - For the Appellant. Abdus Subhan — For the Respond......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. ......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 Involved: Md. Nurul Huq and Mohammad Hassan — For the petitioner. AM Kh......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. ......58; 18 CWN 428 (PC) and 29 CWN 1037 (PC); Must. Bhagwanu Kunwar and another vs Mohan Singh 29 CWN 1037 (PC); Bhagoji vs Bapuji ILR 13 Bom. 75; Negeshwar Baksh Singh vs Ganesha 47 IAS. Lawyers Involvrd: Moinul Huq—For the Appellant. Haradhan Sarkar&mda......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. ......r Khaleque Newaz Khan Chowdhury and others vs Maulvi Chowdhury Habibuddin Ahmed Siddique 46 CWN 817; Aposh Ali on behalf of Sailendra Nath Chakraborty vs. Amjad Ali Bhuiya 10 DLR Dacca, 248, Lawyers Involved: A Matin Khan Chowdhury—For the Appellants Abdur Rab (1)&mdash...... 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
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. ......bsp; Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 1972. Lawyers Involved: A. Wahab—For the Petitioners. Humayun Habibur Rasul —F......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. ....... Shiraj Ali.................................... (Condemned Prisoner) Judgment January 26, 1971. Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 Lahore 474, PLD 1960 Lahore 111. Lawyers Involved: A Talukdar with Daliluddin Ahmed—For Condemned Prisoner. AW Mallik with Mu......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. ...... Khatun and others........Respondents 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. Appea......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)
....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. ...... Cases Referred to- State vs 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&mdas......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. ......bsp; Vs Province of East Pakistan represented through the Chief Secretary Government of East Pakistan .......Respondents Judgment November 21st, 1969. Lawyers Involved: Khondker Mahbubuddin Ahmed—For the Petitioner. Anwarul Hoque ......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. ......athura Nath Ghosal vs Ratneswer Sen (1914) 231C 917; Ahhoya Charan Lata Baidya vs Srimati Kamani 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 ...... 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. ......andra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown, reported in 1954 PDL (Lah) 69; Quine vs Leatham, reported in (7907; A.C. 495, at page 506. Lawyers Involved: ATM Masud, Deputy Legal Remembrancer with Md Batin—For the State. ......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:...... Ahmed vs. Prafulla Kumar Dey and others 13 DLR 70, Bharat Bhandhu Chattopadhya vs. Ranendra Kumar Dutta and others 70 CLJ 370; Halimunnessa vs. Hemendra Kumar Roy Chowdhury and others 12 DLR 448. Lawyers Involved: M H Khandker, Salauddin Ahmed. B K Das-For the Petitioner. Ahmed Sobhan. Md.......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:..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....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. ...... Muksum ul- Hakim J. Fazle Munim J. Hasina Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacca and others ............Respondents......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. ..Category: Property Law | Date: | Hits: 73
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