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Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)

....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......led to prove their case of possession and dispossession and that the defendants proved their case by independent witnesses and consequently he dismissed the suit. On appeal the learned Subordinate Judge by his judgment and decree, dated 28.6.61 reversed the decision of the learned Munsif and dec..

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. ......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. ......nd the occurrence took place in a ditch and not in the kalai field of the accused party. 5. A motion filed against 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 Rul..

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. ...... 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. ......             TH Khan J.- This is a plaintiffs appeal and is directed against the judgment and order passed by the learned Subordinate Judge, 1st Court, Chittagong, dated the 15th April, 1964 in other Appeal No. 209 of 1963 reversing..

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. ......affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......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. ..

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. ......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. ......       TH Khan J: This appeal at the instance of the defendant No. 1 is against the judgment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. ..

Category: Property Law | Date: | Hits: 59

Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)

....rict Council on 23.1.1968 removing the petitioner from the office of Chairman of Islamkati Union Council under Article 25 (3) (b) of the Basic Democracies 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 of...... 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. ......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)

.... 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. .......2. Criminal Revision No. 623 of 1970. Judgment:       Abdullah Jabir J.- This Rule is directed against an order passed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Hussain alias Abul Md. be committed to the Cou..

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. ......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. ......e 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 against the Judgement and order dated 13.10.66 passed by the learned Subordinate Judge, Jessore, in Miscellaneo..

Category: Property Law | Date: | Hits: 47

Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)

....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. ......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. ......For the State. Criminal Appeal No. 360 of 1966. Judgment:       Habibur Rahman J: This, appeal is directed against the judgment passed by the Sessions Judge, Rangpur sentencing the accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo..

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. ......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. ...... Habibur Rahman J.- This was a Rule calling upon the Deputy Commissioner, Patuakhali and the opposite-parties to show cause why the order passed on 10.6.69 by Mr. Asafuddowlah, Additional Sessions Judge, setting aside an order passed by the trying Magistrate under section 522 of the Criminal Pro..

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. ......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. ......er 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 Subordinate Judge of the Additional Court, Jessore in Miscellaneous Appeal No. 126 of 1969 by which the petitio..

Category: Civil Law | Date: | Hits: 100

Aminul Islam Vs. State, 1972, 1 CLC (HCD)

....for the prosecution to charge an accused in a manner so as to cause jeopardy to his defence. 12. It is now necessary to go into the merit of the case. There is no dispute that the appellant as Sub-Divisional Officer, Sadar Jessore, had ordered for payment of a sum of Rs 1551- out of a sum of Rs 5......For the Appellant. Md. Modabber Hosain —For the State. Criminal Appeal No. 204 of 1958. Judgment: 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 A......Appellant. Md. Modabber Hosain —For the State. Criminal Appeal No. 204 of 1958. Judgment: 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..

Category: Anti-Corruption Laws | Date: | Hits: 83

Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)

.... Case No. 42 of 1966, directed that the disputed char will be managed from Mehendiganj police station according to the jurisdictional boundary. As against this order, an appeal was filed before the Divisional Commissioner, Khulna Division. The Additional Commissioner, Khulna Division by his order...... costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......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. ......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. ...... cover the final disposal of the subject matter of the aforesaid Title Suit No. 114 of 1965 which is now pending for adjudication in Title Appeal no. 229 of 1968 before the 4th Court of Subordinate Judge- Dacca being Preferred by plaintiffs of me aforesaid Suit which was disposed of on 31st of M..

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. ....... Judgment:        Maksum-ul-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 a..

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. ......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. ......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)

....Gazi (PW 8) and Abu Bakar (PW 9) and spent some nights in the houses of these persons with Sharifunnessa. Thereafter, the complaint petition, Ext. 1(1), was filed on 7.6.66 in the court of the Sub-Divisional Magistrate. This appears to have been written by Muktear's clerk and countersigned by Mu......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. ......76 of the Pakistan Penal Code while the remaining 2 assessors were of the opinion that the appellant was not guilty of the offence under section 376 of the Pakistan Penal Code. The learned Sessions Judge agreeing with the unanimous opinion of the assessors found the appellant guilty under sectio..

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. ......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. ......ent:               Habibur Rahman J.- This Rule is directed against the judgment passed by Mr. MS Rahman, Additional Sessions Judge, 2nd Court, Bakerganj-Patuakhali upholding the order passed by Mr. MU Chowdhury, Magistrate,..

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. ...... 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 ..

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. ......ut 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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 106