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Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....ty but the discretion must be exercised judiciously according to judicial principle and not capriciously. The applicant for appointment of receiver of any property must show a prima facie case and good chance of his success and so no order for appointment of receiver should be passed to deprive ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ..Category: Property Law | Date: | Hits: 53
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 ...... They were required to rebut the presumption under section 5(2) of the Ordinance, it was further observed. The Court of Settlement upon thoroughly considering both oral and documentary evidence on record found that the respondents failed to prove that Alimannessa was present in Bangladesh as afo...... 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 ..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....n amending law, if the new law manifests such a necessary intendment. With regard to the procedural laws, the general principle is that alterations in procedure are retrospective unless there be some good reason against such a view. If a statute deals merely with the procedure in an action, and does......under section 339C of the Code of Criminal Procedure praying for stoppage of the proceeding against them and for releasing them on the ground that the learned Sessions Judge, Munshiganj, received the record of the case for trial on December 1, 1988 and failed to conclude the trial within the period ......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. ...... No. 16 of 1972. 14. Mr. TH Khan, learned Counsel for the auction-purchaser respondent No.1 submits on the other hand that the two Courts below in a concurrent assessment of the evidence on record found as a fact that Dr. Shamim was present in Bangladesh. He is a Bangladeshi National and ......appellant submits that Rupali Bank filed Money Suit No. 32 of 1972 against Dr. Shamim on 3.5.72 in the 3rd Court of Munsif at Dhaka. The suit property was shown to be the address of Dr. Shamim for service of summons in the suit. He did not enter appearance. The plaint of the said suit reveals th..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. ......sp; were not impleaded in the proceeding. In respect of the property in schedule 'Ja' the trial Court found that all the persons interested therein as per record of right were not impleaded in the suit and as such, was also kept out of the present suit. ......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. ..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. ......cated by the DAB Officers to maintain the charge against other accused Abdul Gani under section 165A of the Pakistan Penal Code. The learned Special Judge after considering the material evidence on record found the accused appellant Taru Mian guilty under section 161 of the Pakistan ......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. ..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. ......ained in the courtyard of that house. PW 1 Sk. Elahi Baksh went to the thana and lodged FIR at 10.45 AM in the morning on 26.7.69. PW 13 Jalaluddin Ferozi, Officer-in-Charge, Narail Police Station recorded the FIR and sent PW 5 Constable Osman Gani to search the dead body of Dulal Fakir, On 26.7...... his only widowed wife and one son and one daughter. They all live with the family of my grandfather. Constructing a new house in the same village, my father lives there. Since then I render my services in my grand-father's family and take my meals in his mess. I am married. My wife lives so..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. ......a ground common to all the defendants and there is no chance of conflicting decrees in the event of success in this appeal and, as such, the appeal is not incompetent because of the abatement order recorded by this Court with regard to the heirs and legal representatives of the deceased defendan......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. ..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....he case and I am satisfied that the defence has failed to make out any case of proper exercise of right of private defence. 7. Mr. MA Rouf, the learned Advocate for the petitioners, has been good enough to place before me three reported cases one of which goes directly against him. In the ...... as such, the assault was in exercise of right of private defence of property and was justified. The learned Magistrate thought that this plea was not true and, on consideration of the evidence on record, came to the conclusion that the prosecution story was true and the occurrence took place in......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. ..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. ......? 5. To what relief, if any, is the plaintiff entitled?" 5. For reasons that will be evident presently, I would prefer to touch, briefly upon the relevant findings recorded by the learned Munsif on the different issues framed in the suit inasmuch as they will hel......onsideration of reduction of rent of Rs. 40/-. She however, continued possession of the hut in holding No. 346 at rental of Rs. 30/- per month through the sub-tenant defendant No.2. She also denied service of notice under section 106 of the Transfer of Property Act and the plaintiffs bonafide re..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. ......he Hindu undivided family has ceased to exist as such and the agricultural income is being enjoyed separately by the members or groups of the members of such family in definite shares, he shall record an order to that effect: Provided that no such order shall be recorded until noti......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. ......its present form? 2. Is the suit bad for defect of parties and properties? 3. Is the plaintiff entitled to partition? If so, for what share? 8. It appears from the record that the learned Subordinate Judge by his order No. 34 dated 20th September, 1961 recorded t......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. ..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. ......d several points. The point, however, which has become crucial in this case is, that the entire proceeding was taken against the petitioner without serving any notice on him. From a perusal of the records and scrutiny of the matter it appears to us that this point has considerable substance. The...... meeting of the District Council on 23.1.68. The petitioner contends that this notice was also not served on him. The case of the respondents is however, that the process server took this notice of service on the petitioner but the petitioner was absent from his house and as the family members of..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. ......e of the prosecution evidence called upon defence on 26.11.68 to supply list of DWs. Defence took some adjournments and on 20.1.69 one DW was examined. Thereafter, on 3.3.69 the learned Magistrate recorded an order that the evidence of 31 prosecution witnesses did not disclose any prima facie ca...... 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. ..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. ...... acquire any right, title or interest on the basis or her purchase by kabala, Exhibit (A) dated the 20th June, 1957. The learned Munsiff also found after an elaborate discussions of the evidence on records that the application was barred by limitation inasmuch as the story of first knowledge of ......d (6) of section 96 of the Act. "96. (1) if a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89, or, if no notice has been served under section 89,..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ters PW 3 Ibrahim Sk stated in his examination in chief that there were occasional quarrels between the accused and the deceased. But in his cross-examination he said: "There was good relationship between the accused and the deceased. In case of quarrel between two co-wives, t......a, etc. came. He further added that he had no doubt that his wife Altafunnessa had committed suicide being unable to bear the severe pain in her stomach. PW 7 Assistant Sub-Inspector Altaf Hossain recorded the statement of accused Kasiruddin Sarkar in the General Diary Ext. 1, obtained his signa......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. ..Category: Criminal Law | Date: | Hits: 124
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....s of this case, in the light of the well-settled principles for the grant or refusal of temporary injunctions in accordance with law, which are, firstly, whether the plaintiff has a prima facie good case, secondly, whether the balance of convenience lies in favour of the grant of the injunct......on of the disputed lands. In developing the said point the learned Advocate submits that the appellate Court below was wrong in arriving at his decision only on the basis that there was nothing on record to show that there was any family arrangement with regard to any joint family properties in ......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)
....enance, employment, efficiency, allowance, etc of staff engaged in duties of Works Programme and instead of engaging new staff he carried on the work with the existing staff and acted bonafide and in good faith in paying some allowance to them openly and in normal course of duty. It has already been......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. ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....being only steps in this procedure." In the said case Kaikaus, J. has further observed: "If the propositions stated above are to be accepted there appears to be good ground for holding that the passing of an order subject to appeal will not necessitate the ......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. ..Category: Property Law | Date: | Hits: 86
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