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Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
.... the case properly, keeping in view the definition of “abandoned property” as in President’s Order No. 16 of 1972, which resulted in an erroneous decision causing a miscarriage of justice. Further contention on which leave has been granted is that there is clear evidence that th......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. ......ellip;……………………..Respondents [In both the Appeals] Judgment April 27, 1995. Cases Referred to- M/s Khan Brothers Ltd. vs Government of Bangladesh 27 DLR 423, Government of the People......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)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......these three schedules of properties, the remainder eight annas being the property of defendant No. 1. Joint possession and ownership of these properties were found inconvenient by the plaintiff and accordingly he asked for partition of these properties by metes and bounds. He requested the defen......p; Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred to- Hames and another vs. Hickson AIR 1946 PC 156: Kumbhan Lakshmana and ors. vs. Tangirala......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)
.... of the judgment delivered by the learned Special Judge impels me to refer to the preliminary and important principles of law required to be kept in mind by the lower judiciary while administering justice in criminal cases. It has certainly taken me to the down in the realm of enunciation of the......m under section 161 of the Pakistan Penal Code and sentenced him to rigorous imprisonment for 4 months. He also found the accused Abdul Gani guilty under section 165A of the Pakistan Penal Code and accordingly convicted him under the said section and sentenced him also to rigorous imprisonment fo......ellant Vs. Taru Mian………………Opposite Party. (in Revision No. 568 of 1967) Judgment June 10, 1970. Cases referred to- Woolmington vs. Director of Public Prosecution 1935 AC 462; Mancini vs. GPP Director of ......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)
....re mind, the feeling of having been wronged assumed aggravated importance. Under these circumstances on the ground of immaturity of his mind we think that the lesser sentence would meet the ends of justice. The learned Advocate for the appellant has argued for awarding lesser sentence relying on ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... Nurul Islam J. Habibur Rahman J. State............ Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD ......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)
....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. ......ng a sum of Rs, 400.00 in getting the sale set aside on the stipulation that the eastern most 10 rials of land would be settled with them in tenancy right at the annual rent of Rs 1/ per kedar and accordingly, there was settlement of the said 10 hals of lands with the defendants who began to cul...... others ...............Appellants Vs. Hasib Ali Chowdhury and others..............................Respondents Judgment April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kuma......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
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....fine of Rs. 200.00 in default, to undergo rigorous imprisonment for another 3 months. I think this part of the order is rather severe and in my judgment, it would be sufficient to meet the ends of justice if the fine under this count is reduced to Rs 100.00 and the imprisonment in default of pay......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. ....................Petitioners Vs State...............Opposite Party Judgment August 13th, 1970. Cases Referred to: Montazuddin and others vs. Crown 8 DLR Dacca 95; MFN Rewail vs. State 8 DLR Dacca 589; A...... me three reported cases one of which goes directly against him. In the case of Montazuddin and others vs. Crown 8 DLR Dacca 95 it has been held by a single Judge that if the common object of an unlawful assembly was causing mischief and if in course of that occurrence hurt was caused to one of ..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. ......ng no subsisting interest in the premises in suit, his suit for mere ejectment of the defendants, without a suit for establishment of his title, was not maintainable. The learned Subordinate Judge accordingly set aside the decision of the learned Munsif and remanded the case for fresh decisions ...... TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Bar......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)
....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. ......hen be regarded an assessed as such. 5. It was further observed that after this deletion the assessee was required to prove by positive material that the undivided family was disrupted and accordingly he was entitled to be assessed as an individual as required under section 30 of the Ben......sp; Vs. Commissioner of Taxation, East Pak. Dacca (now Director of Taxation, E. Pak. Dacca) ..........Respondents Judgment August 5th, 1970. ......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)
....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. ......efendant No.l was major and naturally he looked after and managed the properties left by Syed Mohd. Idris. The tenanted lands of Syed Mohd. Idris, however, have been acquired by the Government and accordingly those properties have been excluded in the suit. The lands mentioned in the schedules 2......decessor of the plaintiff and the defendants was the sole owner in possession of the homestead property described in schedule 1 and also the 3 plots of the cultivable lands described in schedule 2 to the plaintiff for a long time. Syed Md. Idris Ali was a renowned 'Peer' and towards the north of......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
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....e petitioner was taken at his back and he was not afforded sufficient opportunity to meet these allegations. 8. From the above fact we are satisfied that there has been violation of natural justice and as such the impugned order cannot be satisfied. 9. We accordingly make this rule......ortunity to meet these allegations. 8. From the above fact we are satisfied that there has been violation of natural justice and as such the impugned order cannot be satisfied. 9. We accordingly make this rule absolute and held that this impugned order as contained in Annexure ......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 office to the Circle Officer (Dev) Tala. 2. The facts giving ris......Article runs as follows: "95. Notice and service thereof.— (1) Where anything is required to be done or not to be done by any person under this Order or the rules or bylaws, a notice shall be served on the person concerned specifying the time within which the retire..Category: Others | Date: | Hits: 92
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. ......ase against the five opposite parties but on receipt of the notice of the Miscellaneous Case the opposite parties 4 and 5 applied, under sub-section (4) of section 96 of the BBS A and Tenancy Act, to join in the said application and their prayer was allowed. These two co-applicants are the prese...... 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)
....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. ......nbsp; 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, sett......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. ......ere possessing the disputed lands from long before bargadar and on 3.10.68 they were served with notice by Sub-divisional Officer Jhenidah asking them to surrender the said disputed properties; and accordingly, they prayed for lease of the said properties after surrendering the same to the Assist.................Opposite Parties Judgment November 5th, 1970. Cases Referred: SN Gupta & Co vs Sadananda Ghosh & others (1959) 11 DLR 470; Jamman Mia vs Assistant Custodian of Enemy Property (1969) 21 DLR 562; Shahzada Muhd. Omar Beg vs Sultan Mohammad Khan and oth...... 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)
....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. ......inct 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 should have started 14 different cases on the allegations against ...... 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 default, to suffer ......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)
....olice station. At any rate, no such provision was shown to us. 9. The fourth reason as why the prayer of Mr. Bhattacharjee should not be accepted is, that such an order would be an aid of injustice. It is the admitted case of both parties that the newly formed char falls near the eastern ......missioner (Revenue), Bakarganj and he, by his order dated 4.1.67 passed in Bakarganj Demarcation 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 Div......hammad Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965 (SC); Lawyers Involved: DC Bhattacharjee and SS Haider. Advocates — For the Petitioners. Ruhul Islam, Attorney-General, AM Khan Chowdhury and Mr. Khan Advocates — For the Respondents 3-12. T......; 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 any party who, in fact, has an alternative remedy in a case. The provision of section 151 should be taken recourse to only when there is likelihood of the abuse of process and also for ends of justice. This principle has been very illuminatingly laid down by Corelius, J (as his Lordship the...... the Money Suit. The Title Suit relates to a prayer for declaration for partition of the disputed properties whereas in the Money Suit prayer of the plaintiff is for recovery of arrear re/its due, according to him, from the tenants who are third parties. I am, therefore, clearly of opinion that .......Petitioners Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secr......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)
....eer by his letter dated 20.7.61. A copy of this letter was also sent to the Project Director (Superintending Engineer Cox's Bazar Division). In the above letter, the plaintiff also asked for doing justice in his matter. A similar claim for item Nos. 2 and 3 was also pending at that time before t......d most of the work had already been completed. It was further pointed out in this letter that the plaintiff would suffer heavy loss if the rate is unilaterally changed at that stage. The plaintiff accordingly refused to accept the rate as per modified order and protested this attempt of changing......llant Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970. Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta J...... 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)
....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. ......e arguments on both sides I am inclined to hold that service of notice of the proceeding under section 151 of the Code of Civil Procedure was not legally effected upon the present petitioners and, accordingly, I hold that their grievance that they did not get any opportunity to contest the said ...... Khan J Mofazzal Molla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 P......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)
....t true. The court has to sift and weigh the evidence along with the rest of the evidence adduced in the case." 12. In the case it was further observed that the court is to dispense justice in accordance with law and not according to moral conviction with regard to the occurrence......the evidence along with the rest of the evidence adduced in the case." 12. In the case it was further observed that the court is to dispense justice in accordance with law and not according to moral conviction with regard to the occurrence. The strict requirement of law is that ......p; Vs State………………………..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 ......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. ......n that the occurrence took place in their land in a different manner. The judgments of the Courts below are bad in law for non-consideration of such material parts of evidence. The Rule is accordingly made absolute. The impugned order of conviction and sentence passed against the accused...... Judgment August 21st, 1970. Cases Referred to- Emperor Vs. CA Mathews, AIR 1929 Cal. 822. Lawyers Involved: Abdur Rasheed......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
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