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Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....es Order, 1959 as well as an order of the Sub-Divisional Officer, Satkhira dated 3.1.1968 directing the petitioner to make over charge of his office to the Circle Officer (Dev) Tala. 2. The facts giving rise to this petition may be briefly stated as follows:-The petitioner was appointed C......p; Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January 13th, 1971. ......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)
....ons Judge, Dinajpur, directing that the petitioner Abul Hussain alias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by opposite party No. 2 Amatu Md., Police in......e court concerned. Ed. ......en he left the station the case was transferred to Mr. A Huq, lawyer-Magistrate on 27.3.68 and he examined twelve more witnesses for the prosecution upto 1.11,68 and after close of the prosecution evidence called upon defence on 26.11.68 to supply list of DWs. Defence took some adjournments and ..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. ......mp; others..............Petitioners Vs. Maniruddin Biswas & others.........Opposite Parties Judgment June 11th, 1970. Cases Referred: Afazuddin Mridah and others vs. Mubarakulla and others 5 DLR 445; Sachindra Nath Chakravarty vs. Trailakya Nath Chak......f their purchase and the factum of their physical possession from long before the filing of the Miscellaneous Case. 6. The learned Munsif on a consideration of the documents as well as oral evidence adduced before him, arrived at the conclusion that the pre-emptor Bijan Bala had no locus..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
.... the theories of innocence and guilt are probable, the accused cannot be convicted however strong the suspicion may be against the accused. In the cases of circumstantial evidence, the inculpating facts must be such that the possibility of innocence of the accused is wholly excluded and that the......) DLR (FC) 56. st Sairan vs. State (1970) 22 DLR (SC) 35; Sultan Ahmad vs. Crown (1954) 6 DLR (FC) 28: Fazal Elahi vs. Crown (1953) 5 DLR (FC) 207. Lawyers Involved: M. Golam Rabbani and Md. Nurul Islam, Advocates—For the Appellant. T Talukdar, Advocate—For the S......om whom he had heard about it. PW 6 Gendla @ Abdul Gafur does not speak about the quarrel between the deceased and the accused in the night previous to the occurrence. Thus, there is practically no evidence to show that there was quarrel between the deceased and the accused in the night previous ..Category: Criminal Law | Date: | Hits: 124
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....rty has to clearly prove prima facie case with regard to his title and possession in the disputed properties and that he will suffer irreparable loss if such temporary injunction is granted in the facts and circumstances of the case. Mr. A M Mahmudur Rahman, the learned Advocate, has rightly poi......: Nurul Islam J Pronab Kumar Majumder ...................Petitioner Vs. Hatem Mondal and others ............Opposite Parties Judgment November 5th, 1970. Cases Ref......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)
.... may be charged with, and tried at one trial for every such offence. Section 236 lays down that if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or a...... Abdullah Jabir J.- This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in ......ifferent persons between 16.8.64 and 21.8.64. 7. There is nothing to indicate that the five acts of payment were linked together by the continuity of action and community of design or purpose. The evidence of four of them, who were examined in the case, show that each of them represented his own ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....de of Civil Procedure. While developing the said point he has also asserted that Provision of section 10 of the Code of Civil Procedure should be liberally construed so as to apply the same in the facts and circumstances of such case as the present one. Mr. Rouf, the learned Advocate, appearing ......ed application is also thus disposed of. Ed. ......ng for final disposal before the Privy Council. The trial of these limited issues shall proceed on the basis that the decision on the excluded issues by this Court is pro tempore correct and when evidence of both sides in relations to these limited issues is complete, the suit will be adjour..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....Hakim J.- This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 4 of 1962. 2. The facts giving rise to this appeal may be stated as follows- "The defendant requir......red 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 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain and another vs. Singhai Gulobchan......ct Director also shows that the Executive Engineer was asked to attend his office for clarification and arbitration of the dispute under clause 25 of the contract. The plaintiff in his evidence has stated the Project Director asked the Executive Engineer to attend his office for arb..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....rain from expressing any opinion on these questions at this stage. The trial Court, however, shall pay careful attention to these and similar other questions inasmuch as they are important relevant facts bearing upon the nature of the enquiry. Moreover, both the parties will be at full liberty t......I leave the parties to bear their own costs. Ed. ...... interference by the court in exercise of its power under section 151 of the Code of Civil Procedure. In this connection, he has also drawn my attention to the statements made by Parul Bala in her evidence. It appears that the contention of the learned Advocate is of substance and should be uphe..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
.... the police and got both Sharifunnessa and accused Golam Kader arrested and taken to the police station. He has claimed that Sharifunnessa is his legally married wife. 7. Two very important facts have emerged from the depositions of PWs 1 and 6. It is admitted by PW 6 that about 10/12 vil......970. 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 1968. Judgment: TH ......f sessions to stand their trial, charging them under sections 366 of the Pakistan Penal Code. 5. The accused appellant pleaded not guilty to the charge. Although he did not adduce any oral evidence, he proved a Talaknama, Ext. A, to show that Sharifunessa had divorced her husband Abul Ho..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. ......preme Court High Court Division Criminal Revisional Jurisdiction Present: Habibur Rahman J. Syed Idris alias Idris Mir and others................ Petitioners Vs. State…......................Opposi...... conviction of the accused-petitioners under section 321 and section 379 of the Pakistan Penal Code is bad in law inasmuch as the Courts below have based their findings on the basis of inadmissible evidence given by PW. 1 Abdul Aziz and PW 5 Afaz Howlader, PW 1 Abdul Aziz was examined in chief on..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
..... Judgment: Muksum-ul-Hakim J: This is an appeal under section 30 .of the Workman's Compensation Act, 1923 (hereinafter referred to as WC Act). 2. The facts giving rise to this appeal are as follows:—The appellant was a Bus Conductor under the ...... M A Aziz - For the Appellant. Abdus Subhan — For the Respondents Appeal from original order No. 25 of 1968. (Appeal against the order of Mr. MH Rahman, District Judge and Commissioner, Workmen's Compensation, Dacca, dated the 19th day of June, 1967 in Workmen Miscel...... instant case, the appellant has examined Dr. M Idris, Assistant Professor of Urology, DMCH and has proved a certificate granted by him after his release. This PW 3, (Dr. M Idris) has stated in his evidence that the appellant had one head injury and also one compound fracture of left femur e (lef..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....We accordingly, make the Rules in both the petitions absolute and declare the impugned 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. ......etitioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: ......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)
....the said initial onus has been proved by the plaintiff it is the defendant who wanting to prove that a particular property is a self-acquired property has to discharge the onus of proving the said facts. On this point reference may also be made to the decision in the case of Perumel vs Central G......il Appellate Jurisdiction) Present: Nurul Islam J Basanta Kumar Basak.............Plaintiff—Appellant Vs. Santosh Kumar Basak and others........Respondents Judgment July 23rd, 1970. Cas......ards this joint ness there is no positive proof on the plaintiffs side corroborated by any independent witness as to when the brothers separated. On the defence side also there is no illuminating evidence. So there can be no presumption as regards this allegation of the plaintiff that Raj Kuma..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....n the same and also for declaration to the effect that the kabuliyat dated 6.9.46 in the name of the defendant No. 1 Mvi Serajul Haq Mukhtiar is a fraudulent and void document. 2. The short facts relevant to the case of the plaintiffs may be stated as follows: The bhiti land as de......15 of the Letters Patent is refused. Ed. ......tion to the said point as it really involved a question of law in the facts and circumstances of the case. The learned Subordinate Judge, of course, held after careful consideration of the material evidence, facts and circumstances of the case and with reference to certain decisions that the plai..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....ce No. 15 of 1970 and Appeal No. 563 of 1970. Judgment Abdul Hakim J.- This judgment will dispose of the Death Reference No 15 of 1970 and the connected appeal No. 563 of 1970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Joh......ahore 474, PLD 1960 Lahore 111. Lawyers Involved: A Talukdar with Daliluddin Ahmed—For Condemned Prisoner. AW Mallik with Muhammad Batir—For the State. Death Reference No. 15 of 1970 and Appeal No. 563 of 1970. Judgment Abdul Hakim J.- This judgment will dispose of the Death ......the offence. 5. 24 witnesses for the prosecution and none for the defence were examined in the case. The opinion of the assessors was divided. The learned Additional Sessions Judge considering the evidence and materials on records convicted the accused on both counts and sentenced him to death un..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....s hardly 2 months before the suit, the injunction in the Criminal Court was made absolute and the plaintiff’s case is that he was dispossessed thereafter. In this view of the matter, the finding of facts of the learned Subordinate Judge regarding the dispossession of the plaintiff cannot be distur....../- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......on that the defendants is true and, as such, the plaintiff is not entitled either to the decree or to the compensation. 3. Both the panics went on trial and the trial Court on consideration of the evidence decreed the suit. The learned Subordinate Judge, 1st Court, Comilla on an appeal reversed t..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....er the charge for substantive offence of murder under sections 302/34 PPC. The learned advocate has therefor sought to point out that the accused appellant did not get sufficient notice of all the facts which constitute the offence of abetment of murder and, as such, they have been highly prejud......he case. Ed. ......ruddin on the night following 29th Bhadra, 1371 BS corresponding to 15th September, 1964 in the house of his father-in-law, Tofa Mohammad is not disputed. His death has been proved by overwhelming evidence of local PWs 3, 4, 8, 9, 10 and 13 and by the evidence of PW 12 SI of Police who held the ..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the Shebaits Samarendra Nath Bose is a Pakistani citizen and stays in Pakistan. The deity has been properly represented before us by one of its Shebaits and we are of the opinion, in the facts of the present case, that the property No. 3, Harish Chandra Bose Street could not be treated......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. ..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....d of-rights, the question is a question of fact which cannot be agitated in second appeal." The principle of law as enunciated by Guha, J, in the said case fully holds good in the facts and circumstances of the instant case before me. Mr. Islam rightly contends that the said dec......; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja Mia and others vs Sunity Bhusan Sen in 55 CWN (3 DLR) 155; Kalikesh Biswas and others vs Gheasuddin Ahm......n 5 of section 5 of the Bengal Tenancy Act is a weaker presumption than the presumption that attaches to the entry in the finally published record-of-rights. Where the lower appellate Court had evidence before it to come to a finding that the presumption under sub-section 5 of section 5 of t..Category: Property Law | Date: | Hits: 67
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