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Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ...... Judgment ATM Afzal CJ.- In this appeal by leave, at the instance of the respondent-Government in Writ Petition No. 1602 of 1988, the short question is whether the High Court Division was justified in law in interfering with the decision o......Court Division, in our opinion, started with a wrong premise holding that the presumption of correctness of the entries in the Gazette notification does not absolve the Government from denying the facts alleged by the claimant or from disclosing the basis of treating the property as abandoned pr..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......ssions Judge was wrong in holding that since he obtained the charge of the Sessions Division with effect from January 23, 1991, fresh limitation will run from January 23, 1991. 17. But the second question on which leave has been granted makes the first question very much an infructuous one, if t......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
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. ......ons of this Division. 12. At the time of granting leave Mr. TH Khan, entering Caveat for the auction-purchaser orally objected to CA No. 15 of 1994 as time-barred and prayed for keeping the question of limitation open at the hearing of the appeal, which was allowed. 13. Mr. AW Bhuiy......ment dismissed both the appeals. 11. Leave was granted to consider the submission of the appellant that the trial Court and the High Court Division fell into an error in not considering the facts, circumstances and evidence in the case properly, keeping in view the definition of “ab..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. ......ff. In respect of other properties, they were permitted to pay a fixed court-fee for claiming partition and saham in those schedules. This order was complied with by the defendants 2 and 3 and the question of title was, accordingly, gone into in respect of these items also. 7. The trial ......ee passed by the District Judge Rajshahi on 14.11.69 in Other Appeal No. 66 of 1965 affirming the judgment and decree of the Subordinate Judge, Rajshahi in Title Suit No. 35 of 1962. 2. The facts giving rise to this second appeal may be, briefly stated, as follows: The plaintiff filed the..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......he commission of the crime by him. In the said facts and circumstances our Supreme Court held that in receiving money on the one hand, and undertaking on the other hand, to destroy the telegram in question before the due date, the accused committed an offence under section 161 of the Pakistan Pe...... sentence of rigorous imprisonment passed on the said appellant should not be enhanced or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts which led to the trial of the accused appellant Abdul Gani on a charge under section 165 A of..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... 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. ......Baksh and PW 7 Gul Mohammad went inside the hut with accused Lutfor Fakir who confessed before them there that he had murdered Dulal Fakir. He then covered his face with his hand. On being further questioned the accused said that he had brought Dao and rope from his father's house and purchased ......he accused appellant, that although PW 1 Elahi Baksh stated that the accused took him and PW 7 Gul Mohammad inside the hut and thereafter made an extra-judicial confession in their presence, those facts were not supported by PW 7 Gul Mohammad. PW 7 Gul Mohammad stated before the trial Court that..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. ...... Aslam Khan vs. Feroze Shah, 59 IA 386 their Lordships of the Privy Council held the view which was expressed in the judgment in the case delivered by Sir Lancelot Sanderson J observing that when a question is raised as to the party upon whom the onus in respect of the matter vested, it is not n......f conflicting decree one of trial Court and the other of the Court of appeal then the abatement on account of death of one will not affect the appeal. In this case, as I have, already found in the facts and circumstances of the case that the instant second appeal is not incompetent and this appe..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. ......LR Dacca 71 it has been clearly held after full discussion that convictions and separate sentences for grievous hurt and unlawful assembly with a common object of causing hurt are permissible. The facts of the present case are very similar with the facts of the case reported in 9 DLR Dacca, 71...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. ...... the defendant Nos. 1 and 2 by filing two separate written statements. The defendant No.l challenged the agreement dated 7th February, 1954 as forged and fabricated. She stated that the premises in question were let out to her husband late Gajanan Marwari, long before the alleged agreement dated ...... 15th April, 1964 in other Appeal No. 209 of 1963 reversing the decision of the learned Munsif, 1st Court, Sadar, Chittagong, dated the 16th April, 1963 in Other Suit No. 138 of 1961. 2. The facts giving rise to this appeal are, that the plaintiff Dr. Rati Ranjan Sen filed the above menti..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. ......: 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) W......cultural Income Tax, Act, 1944 as adopted in East Pakistan are applicable to a Daya Bhaga Hindu Family claiming separate assessment after partition and separation. (II) Whether in the facts and circumstances of the case viz, oral partition of Joint Family properties, separate possess..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. ......e trial. But it will be seen presently that notwithstanding the laches of the parties, the nature of the suit is such that it cannot properly be decided without oral evidence on the most important questions involved in the case. The suit is a partition suit and there is no agreement between the ......s interest of plots 6 and 7 appertaining to Taluk No. 56509/3 to the extent of 8 annas interest are available for partition." 10. The learned Subordinate Judge repeated the above facts in his judgment in a paragraph just above the issues. He further stated— &q..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. ......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. ......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..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. ......strate who was holding an inquiry under chapter XVII of the Code examined four witnesses by the prosecution out of seventeen witnesses cited and committed the accused to the Court of Sessions. The question that arose was whether by reason of section 347 of the Code of Criminal Procedure the Magi......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..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 co-applicants case was that they were equal co-sharer's by right of purchase on the basis of the same kabala under which the original applicant claimed her locus standi to pre-empt the lands in question. They also alleged that they were not served with the notice of the sale under pre-emption......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. ..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. ...... Altafunnessa died due to the injury sustained by her in the front part of the neck. PW 5 Dr. A Azim, Medical Officer, Gaibandha who held post mortem examination has also opined to that effect. The question is whether this wound was homicidal or suicidal. Mr. M Ghulam Rabbani, the learned Advoca...... 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..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. ......s of the Division Benches. In the case of Ujir Sheikh Vs. Syed Ali and others (supra), their Lordships Mr. Justice Chitty and Mr. Justice Beachcroft have observed: "So far as the question of jurisdiction is concerned, we think that the Appellate Court had power to set it aside......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. ......t and order dated 24.7.69. The defendants opposite party Nos. 1 and 4 contested the said application by filing written objection. Their case is that the alleged gift and family arrangement and the question of possession as sought to be made out by the plaintiff petitioner are all false and motiv......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..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. ...... same trial. Whether an offence can be said to have been committed in the same transaction as another offence must depend upon the facts and circumstances of each case. The usual criteria applied are questions relating to the proximity of time, place, and the continuity of action and community of pu...... 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..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. ......stration of Bhola Magistracy and police over the new char land as before from 1967 and also for directing the SDO, Sadar (North), Barisal, not to interfere in the administration of the new char in question. On this petition the Deputy Commissioner, Bakarganj passed the impugned order dated 18.7.......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)
....runs as follows: "Had the intention of the legislature been to widen the scope of section 10 so as to make it coextensive with section 11, the language employed would have been identical." It may be noted here that section 11 of the Code of Civil Procedure dis......t the said defendants would suffer irreparable loss if the further proceedings of the Money Suit were not stayed inasmuch as the plaintiff of the Money Suit was not 16 annas owner of the holding in question and that the wife of defendant No. 3, her mother and brother have 4 annas interest in the ......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 ..Category: Property Law | Date: | Hits: 86
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