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Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....iran vs. State (1970) 22 DLR (SC) 35; Sultan Ahmad vs. Crown (1954) 6 DLR (FC) 28: Fazal Elahi vs. Crown (1953) 5 DLR (FC) 207. Lawyers Involved: M. Golam Rabbani and Md. Nurul Islam, Advocates—For the Appellant. T Talukdar, Advocate—For the State. Crimina......nbsp; Kasiruddin Sarkar @ Kasiruddin Fakir.................Appellant Vs. The State....................................................Respondent Judgment......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. ..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....viction and sentence, the same Additional Sessions Judge heard appeal against the order under section 522 of the Criminal Procedure Code and set aside the same. 3. Mr. SA Latif, the learned Advocate, appearing for the complainant-petitioner argues that no appeal lies against an order unde......du .......................... Petitioner Vs. Sudhir Kumar Kundu and another……...Opposite Parties Judgme......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. ............... Petitioner Vs. Sudhir Kumar Kundu and another……...Opposite Parties Judgment November ..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....n Mia vs Assistant Custodian of Enemy Property (1969) 21 DLR 562; Shahzada Muhd. Omar Beg vs Sultan Mohammad Khan and others (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Abdur Rahim, Advocate—For the Petitioner. AM Mahmudur Rahman, Advocate— For the Opposite Part......risdiction Present: Nurul Islam J Pronab Kumar Majumder ...................Petitioner Vs. Hatem Mondal and others ............Opposite Parties Judgment November 5t......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. ......e records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....annot be cured under section 537 of CrPC. Reference may be made in this connection to decision in Sunder Dad and other vs Sultan Bibi and Crown 8 DLR (FC) 55. 9. Mr. Madabber Hussain, .the learned Advocate, appearing on behalf of the State, also conceded that in the facts and circumstances of thi......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. ......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
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....anuary 27th, 1971. Lawyers Involved: Tufail Mahammad 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 ...... Presents: Maksum-ul-Hakim J Fazle Munim J Abdul Hamid Howlader and others.....Petitioners Vs. Province of East Pakistan ..............Respondents Judgment &n......ute arose regarding the boundary of Mouza Gagaria and Char Bheduria for which a demarcation case being demarcation Case No. 85 of 1955-56 was brought by the ex-proprietor of the Tagore Raj Estate, Dilip Kumar Roy Chowdhury and others in the Court of the Additional Deputy Commissioner, Barisal. I......ose regarding the boundary of Mouza Gagaria and Char Bheduria for which a demarcation case being demarcation Case No. 85 of 1955-56 was brought by the ex-proprietor of the Tagore Raj Estate, Dilip Kumar Roy Chowdhury and others in the Court of the Additional Deputy Commissioner, Barisal. It is f..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
.... 31st of May, 1968. It is also asserted that a cross objection has been filled by defendants of said Title Suit in "aforesaid Title Na 222 of 1968' 6. Mr. Aftabuddin Ahmed, the learned Advocate, appearing on behalf of the petitioners, submits that the learned Munsif failed to exercis......rt High Court Division (Civil Revisional Jurisdiction) Present: Nurul Islam J. Suriya Begum and others...........Petitioners Vs. Alimulla Mallik, and others……..Opposite Parties Judgment Ju......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. ...... Secretary, Govt. of Pakistan, Karachi 16 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446; Swami Turiananda alias Denesh Chandra Guha Mustafi & another vs. Siris Kumar Sen, 5 DLR 175; Gargi Din Vs. Debi Charan 51 All 1017 : (AIR (26) 1929 All. 805); Sachindra N..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....uit was, accordingly, decreed in part for Rs. 18,355/-only, 8. This judgment and decree of the trial Court has been challenged before us. 9. Mr. Mofazzal Hossain Khondker, the learned Advocate appearing for the appellant, has firstly contended that there was a valid award given in t......urisdiction Presents: Maksum-ul-Hakim J Fazle Munim J. SK Shamsul Huda.....................Appellant Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970......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. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....as not a forged and fraudulent one inasmuch as they did not practice any fraud either upon the Court or upon Parul Bala. 5. In this Revisional application Mr. Syed Mohammad Ali, the learned Advocate for the petitioners, has argued three main grounds, First, that the learned Munsif acted ......osts. 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. ......the disputed land measuring 7.56 acres 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 he..Category: Property Law | Date: | Hits: 69
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
.... over the same occurrence at 12 in the midnight on 3.9.66 i.e., within two hours after the occurrence. The Police submitted chargesheet in favour of the accused-petitioners. 4. The learned Advocate, Mr. Abdur Rasheed, for the petitioners argues that the order of conviction under section ......Criminal Revisional Jurisdiction Present: Habibur Rahman J. Syed Idris alias Idris Mir and others................ Petitioners Vs. State…......................Opposite Party Judgment &nb......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. ..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....thin two months from the date of the order. In this First Miscellaneous Appeal before us, this order of the learned Commissioner has been challenged by the workman. 6. Mr. Aziz, the learned Advocate for the appellant, has contended that the learned Commissioner has erred in law in holding......rt Division Appellate Civil Jurisdiction Present: Maksum-ul-Hakim J T H Khan J. AKM Shamsuzzaman Khan........Appellant Vs. Chairman EPRTC.... ............Respondents Judgment March 24th, 1970. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ncil vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers Involved: Md. Nurul Huq and Mohammad Hassan — For the petitioner. AM Khan Chowdhury, Assistant Advocate General—For the Respondent. Petition Nos. 527 and 530 of 1963. Judgme......latpur Jute Mills Ltd.........Petitioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, ......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. ......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
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... with the decision of the Courts below with regard to the alleged self-acquired property of Raj Kumar preferred the present second appeal to this Court. 5. Mr. Moinul Huq, the learned Advocate appearing for the plaintiff appellant, submits that both the Courts below seriously erred ...... High Court Division (Civil Appellate Jurisdiction) Present: Nurul Islam J Basanta Kumar Basak.............Plaintiff—Appellant Vs. Santosh Kumar Basak and others........Respondents Judgment ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ...... the result. Ed. ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....he learned Munsif. Thereafter the instant second appeal was presented to this Court against the decision of the Court below: 6. Mr. Abdul Matin Khan Chowdhury, the learned Advocate appearing on behalf of the appellants, has taken me through the lengthy judgments of the t......Hoque Muktar and others........Appellants Vs. ARM Mustanesar Billah & others.......Respondents Judgment February 1...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......h the lands thereunder to the plaintiffs who entered into possession of both the rooms after their purchase and started a book stall in the disputed room and leased out the other room to one Aswini Kumar Sutradhar as a monthly tenant. 3. It is the further case of the plaintiffs that on 2...Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
.... learned Sessions Judge rejected the application of the petitioners to make a reference to this court. Thereafter the petitioners obtained this Rule. 4. Mr. A Wahab, the learned Advocate for the petitioners, argues that the judgment of the trial Court is bad in law inasmuch as...... H. Rahman J. Keramat Ali and others................Petitioners Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 19......ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ...... them to pay a fine of Rs 20 in default each to suffer simple imprisonment for 15 days. 2. The case for the prosecution, briefly stated, is that complainant Probhat Chandra's father Chandra Kumar purchased CS Plot No. 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 f..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....nder section 374 Cr.P.C. for confirmation of the sentence of death and the condemned prisoner has challenged the order of conviction and sentence passed in the case. 7. Mr. T Talukdar, the learned Advocate for the condemned prisoner, has taken us through the judgment, depositions and other papers......orted in: 24 DLR (1972) 69. ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....udge in agreement with the assessors found them guilty for abetment of the offence of murder of Jahiruddin and convicted them under sections 302/109 PPC. 12. Mr. Moktar Hossain, the learned Advocate appearing for the accused appellants, has argued that the conviction of the accused appell......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....914) 231C 917; Ahhoya Charan Lata Baidya vs Srimati Kamani Probha Nag in 53 1C 188; Faruzuddin Mondal vs. Tahirannessa Bibi and ors. 15 DLR Dacca, 214. Lawyers Involved: Farid Ahmed, Advocate—For the Appellants. Mahmudul Islam for BN Chowdhury, Advocate—For the R......-Appellants Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th,...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....ged about 10 or 11 years. He is the son of Hobi Durani, a step brother of deceased, Maleka Khatun. Before examining his evidence, it is necessary to dispose of one matter pointed out by the learned Advocate representing the condemned prisoner before us. It appears from the deposition that there ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....nted declarations sought for. 5. The Judgment and decree of the Court of appeal below has been challenged in this second appeal by the defendant No.2-appellant. 6. Mr. M H Khondkar, the learned Advocate for the appellant, firstly, contended that the patta granted lease in favour of the plainti......s also Reported in:......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......Defendant-Appellant Vs. Hedayet Ahmed Chowdhury and others................. Respondents Judgment July 14, 1970. Result: The appeal is dismissed. Cases Referred to- Surendra Kumar Sen Choudhury vs. Sreemati Chandra Tara Nath and others 34 CWN 1063; Badaya Nath Chakravorty v..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....enquiries and performed his duties as was required under sections 34 and 35 of the Registration Act. It appears from the document itself, which was presented to us by Mr. Ahmed Sobhan, the learned Advocate for the petitioner, that the respondent No. 2 took steps under the provisions of clauses (...... High Court Division (Special Original Jurisdiction) Muksum ul- Hakim J. Fazle Munim J. Hasina Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Department, Registrati......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......sh;For the Respondents. Petition No. 58 of 1970. Judgment: Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.0..Category: Property Law | Date: | Hits: 73
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