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Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ngladesh to be in possession of the suit property and he filed an application to the Minister of Public Works and urban Development in 20.6.79 for releasing the suit property in his favour being a lawful auction-purchaser thereof. 4. Instead of granting any relief to the auction- purchase..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....ed as follows: "The four villages in question were purchased by Ali after his father's death but before the arbitration and were put by him into the name of his eldest son as a provision for him. Now to make out his claim to a share of those the plaintiff must show that the ......cond appeal. 10. Mr. Md. Habibur Rahman, the learned Advocate appearing for the defendant No.l appellant, has urged two points in this second appeal. Firstly, that the Courts below erred in law in deciding the case on a wrong onus of proof and on an erroneous presumption that the properti..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....ith all emphasis that the burden of proving guilty intention lies upon the prosecution and the only exception which has been provided is in section 165 of the Evidence Act. With regard to the said provision, also it has been specifically observed in the above House of Lords case that the defence......unishable under sections 161 and 165A of the Pakistan Penal Code have not at all been brought home against the accused appellants in this case and the said charges are not at all maintainable with law and in the facts and circumstances of the case. 9. Mr. Zahurul Huq Khan, the learned Ad..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....o conceal such fact. 12. A ground has been taken in the petition of appeal that the Magistrate who recorded the confessional statement ought not to have enquired into the case. The relevant provision of law referable to this point is section 556 of the Code of Criminal Procedure. There is......turned to his house. The suggestion pf illicit relationship between PW 1 Sk, Elahi Baksh and PW 2 Bano Bibi is believed by the fact that one month before the occurrence Parashullah Fakir, father in law of PW 2 Bano Bibi, had made PW 1 Sk. Elahi Baksh the identifier in the deed of gift Ext 6. Had,..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
.... of the defendants may appeal from the whole decree, and thereupon the Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants as the case may be. If the said, provision be read with the provision of Order 41, rule 33, which provides that the appellate Court ......wer may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal or objection. Having regard to the said provisions of law if I now consider the preliminary objection it would be found that the instant appeal before me..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
...., the plaintiff has not set out as to how he acquired his titles. The story is set out in his evidence". Then after a detailed discussion of the evidence on record and the relevant provisions of the law the learned Munsif arrived at the finding that the lease deed, Exhibit 1 (a) ......red deed of lease for a period of 9 years which expired in 1953. There was a renewal clause in the said deed of lease. As Bimala Bala refused to renew the said lease, the plaintiff took recourse to law for enforcing the renewal clause and instituted a suit for specific performance. The suit was ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ax 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) Whether the provisions of Section 30 of the Bengal Agricultural Income Tax, Act, 1944 as adopted in East Pakis......sp; 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) Whether the pr..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....to be filed. There is no direction by the court upon the practices to file any such affidavit. In this connection rule, 1 of Order 19 of the Civil Procedure Code may be referred to as the relevant provision for filing affidavits. It reads as follows: "Any Court may at any time ......hown in the 4th schedule was the hut occupied by the plaintiff. As the house was congested, the plaintiff had purchased a plot of 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 possessi..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....rned 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 were attracted and in the circumstances the order of discharge ......se was transferred, took up inquiry against twenty-four accused persons and examined nineteen witnesses between 2.11.67 and 10.2.68. When 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..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....rned Advocate has been candid enough not to press the case of pre-emptor petitioner. In pressing the case of two co-applicants (petitioners 2 and 3) the learned Advocate has mainly relied upon the provisions of the sub-sections (4) and (6) of section 96 of the Act and has contended that the co-a...... learned Advocate for the petitioners. The different sub-sections of section 96 of the Act lay down the elaborate provisions as to pre-emption. It may incidentally be mentioned here that analogous law as to pre-emption was provided in the different sub-sections of section 26F of the Bengal Tenan..Category: Property Law | Date: | Hits: 47
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....al, confirmation, reference or revision in relation to that matter. It does not give any sort of right of appeal by itself against an order passed under section 522". Although no provision for appeal against an order under section 522 of the Criminal Procedure Code has been mad......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. ..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....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. ...... case in respect of his title and possession in the disputed properties and so the appellate Court rightly refused to grant temporary injunction in his favour. 7. It is settled principle of law that to obtain temporary injunction a party has to clearly prove prima facie case with regard t..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
.... illegal means or by abuse of official position represented a distinct offence and in the absence of any nexus between the case, the trial of these offences together was in violation of the mandatory provision of section 233 of the Code of Criminal Procedure. Thus, according to him, the prosecution ......amme Fund in the current account No. 1459 (Index No. W-4) in the National Bank of Pakistan, Jessore Branch, you dishonestly disposed of Rs 755/- out of that amount in violation of the direction of law prescribing the mode in which such money is to be disposed of and by corrupt or illegal means o..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....le river, the area to eastern side of river Tetulia would fall within Bhola Sub-Division to be administered by SDO Bhola. Accordingly, henceforth unless any thing to the contrary as per the provisions of existing laws SDO Bhola would continue to administer the area as before. Inform also ......; ADC (Rev.), Bakarganj." Annexure 'P'. "176 Judl. dt. 18.7.70. Heard the learned lawyer. When there is a big navigable river, the area to eastern side of river Tetulia would fall w..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
.... to stay further proceedings of the Money Suit till the disposal of the Title Suit inasmuch as he did not at all consider that even if the proceedings of the said Suit could not be stayed under the provisions of section 10 of the Code of Civil Procedure the same could be stayed in the exercise o......e Suit out of which at present a Title Appeal is now pending before the learned Subordinate Judge it can be held that the said proceedings of the learned Munsif should be stayed in accordance with law till the disposal of the Title Appeal or not, Keeping in view the aforesaid principle of law as..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
.... as well as the testimony of the witness held that the Project Director was not appointed an Arbitrator by the parties and the arbitration was invalid. 7. As the same was not held under the provisions of the Arbitration Act, accordingly, the award given by him was without jurisdiction and...... progress of the work or after the completion or abandonment thereof shall be referred to the arbitration of the Superintending Engineer of the Circle for the time being in the manner provided by law relating to arbitration for the time being in force who after such investigation as he may t..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....er before the trial Court, it should receive due consideration of the Court. It is further observed that if any question of limitation arises, the applicant will be entitled to press in her aid the provisions of section 14 of the Limitation Act inasmuch as I have no manner of doubt that she has ......es appertaining to several Khatians of Mouza Dhebadah, PS Lohagara, District Jessore with the defendants of the said rent suit. Her case is, that her father Raj Kumar Bangopadya, who was a reputed lawyer of the Narail Bar, died in Agrahayan, 1363 BS leaving her as the sole her as she was the onl..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. ......to have been given to the defence. 11. The learned Sessions Judge preferred to rely upon the evidence of PW 4 Sharifunnessa as given before the committing court. It is indeed permissible in law, but the rule of prudence dictates that the evidence of such a witness should be accepted with ..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. ......favour of the accused-petitioners. 4. The learned Advocate, Mr. Abdur Rasheed, for the petitioners argues that the order of conviction under section 379 of the Pakistan Penal Code is bad in law inasmuch as there is no finding regarding the dishonest intention given by any of the Courts b..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. ......his claim with the defendants respondents for compensation due to loss of his earning capacity. The Administrative Officer of the respondent Corporation assured the appellant that he would be paid lawful compensation after calculating the sum and asked him to see him on-some future occasion. The..Category: Labour and Industrial Law | Date: | Hits: 118
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