Search Options
Judgment Advanced Search
Displaying 6641-6660 of 6947 results.
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. ...... this judgment of conviction was heard and disallowed by Additional Sessions Judge. 6. The following points have been pressed before me in support of the Rule: (1) In view of the evidence on record and the circumstances of the case the learned Magistrate should hav..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... 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. ......ll help in appreciating the different contentions raised in this appeal and will also facilitate easy disposal thereof. The learned Munsif answered the first issue in favour of the plaintiff on the view- "The question is whether plaintiffs lease terminated or plaintiffs title co..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....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. ......stood in its ordinary meaning. Under that clause Hindu undivided family only meant a Hindu undivided family governed by the Mitakshara Law. This was a special interpretation attached to the term in view of this sub-section. As soon as this was deletied, it was obvious that 'Hindu undivided famil..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....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. ......Chara land near the homestead with the money given by his father-in-law and he constructed his house thereon at his own cost but he nevertheless retained the possession of the said hut No.2. With a view to depriving the plaintiff of this hut, the defendant No.l began to store bricks therein over ..Category: Property Law | Date: | Hits: 59
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. ...... statement in his defence within a certain period of time. Such a direction appears to be required in such notices stipulated under sub-article (1) of Article 95 of the Basic Democracies Order. In view of the above we are of opinion that the proceeding against the petitioner was taken at his bac..Category: Others | Date: | Hits: 92
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. ......iruddin Sircar it is argued by Mr. ATM Afzal that when the learned Magistrate decided to commit the accused persons to the Court of Session under section 437 CrPC, the case was taken out of the purview of Chapter XXI of the Code of Criminal Procedure and the provisions of Chapter XVIII thereof w..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....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. ......application Mr. Nizamuddin Haider, the learned Advocate for the petitioners, has contended that the lower appellate Court ought to have granted the co-applicants prayer for rateable pre-emption. In view of the concurrent findings of the two courts below that the pre-emptor Bijan Bala's case was ..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....2 Mohammad Ali that the accused and his children cried out when they discovered the death of the deceased make the theory of innocence of the accused also reasonably probable. The accused may have erroneously come to an honest conclusion that his wife had committed suicide by stabbing herself be......o reach the bone underneath as in the present case. The wound will not be also uniform in all respects as in the present case." The grounds given by the doctor PW 5 for holding the view that the injury was homicidal are so strong and reasonable that it rules out the possibility ..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....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. ......with the order under section 522 of the Criminal Procedure Code as an incidental or consequential order by virtue of the provision in clause (d) of section 423 of the Criminal Procedure Code. This view finds support in the cases of Ujir Sheikh vs. Syed All Sheikh and others 16 CrLJ. (Cal) 607, G..Category: Criminal Law | Date: | Hits: 66
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. ...... with mens rea. In this connection, he has referred 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 ..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. ......ds amongst the parties and the Additional Deputy Commissionr (Revenue) Barisal, directed the Sub-Divisional Officer, Bhola to dispose 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 disput..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. ......, on the other hand, submits that the provision of section 10 of the Code of Civil Procedure is not available to the petitioners in the facts and circumstances of the present case, particularly, in view of the fact that the parties are not the same nor the matter in issue is substantially and dir..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. ......de his memo No. 964(3) dated 23.2.1961 the rates of the works were modified and the same were reduced by curtailing entirely the rate for item Nos. 2 and 3 which was to be included in item No. 1 in view of the fact that item No.l was complete item and included supply of all necessary materials &q..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. ......te, no authority could be cited before me laying down categorically that in such cases the court has no inherent jurisdiction to interfere." I respectfully subscribe to the above view. However, this unreported decision has also been relied upon by the learned Advocate for the p..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. ......sband Abul Hossain in exercise of the power of talak-e-tawfiz given to her by the husband as embodied in the Kabinnama, Ext. A. The learned Sessions Judge has ignored this aspect of the case on the view that whether there has been really a talk or not is a dispute of civil nature. The learned Se..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. ......tunity to cross-examine PW 1 Abdul Aziz after the framing of the charge against them, his evidence is not admissible under section 33 of the Evidence Act merely on the ground that he is dead. This view finds support in the case of Emperor vs. CA Mathews AIR 1929 Cal. 822, wherein a Division Benc..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. ...... permanently and completely, the percentage of loss of earning capacity under Schedules I would be 50 percent. As the petitioner can still stand a while and also walk a short distance, I am of the view that the percentage of loss of earning capacity is 25 percent." In our opinion, this is n..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. ......otices afresh in both the cases, and passed fresh orders of assessment. In Petition No 527 a fresh notice dated 19.12.63 was issued upon the petitioner asking him to produce relevant papers with a view to assess him afresh under the Business Profits Tax Act in respect of the aforesaid chargeable..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... to make any comment on the evidentiary value of the said document, but I find that both the Courts below arrived at the decision with regard to the said acquisition of property by Raj Kumar on an erroneous view of law. Here it may also be mentioned that, the learned Subordinate Judge although a...... that Raj Kumar really acted as a karta of the family after the death of their father Guru Charan Basak so that all or any transaction made by Raj Kumar as a karta of the undivided family must be viewed as ensuing to the benefit of all the family members. There is not a scrap of paper such a..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. ......in and others 66 1C 678, it has been held that the other members of a Hindu joint family are not bound by the order passed in a 145 proceeding started by a junior member of that family and the said view also finds support from the decision in the case of Mrs Maya Devi vs Diwan Chand AIR 1935 Lah..Category: Property Law | Date: | Hits: 69
742741740739738737736735734732731730729728727725724723722720