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Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....e above finding and dismissed the appeal. 9. This judgment and decree of the lower appellate Court has been challenged in this second appeal. 10. Mr. Md. Habibur Rahman, the learned Advocate appearing for the defendant No.l appellant, has urged two points in this second appeal. Fi...... Present: Maksum al-Hakim J TH Khan J Basiruddin Sarkar................Appellant Vs. Jasimuddin Sarkar and others............Respondents Judgement August 2......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. ......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)
....ed Special Judge on 29.4.67 resulted in the aforementioned two appeals in this Court and issuance of a suo motu Rule for enhancement of sentence. 7. Mr. Fakir Shahabuddin Ahmed, the learned Advocate for the appellant Abdul Gani has taken me through the judgment of the learned Special Judg......m J Abdul Gani……………………...Appellant (in Appeal No. 290 of 1967) Taru Mian...............................Appellant Vs. State..................................Respondent (in Appeal No. 362 of 1967) ......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. ......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)
....2 DLR (SC) 35: Hakim Gul vs. The State PLD 1964 Pesh. 1: Abdus Shukur vs. The State 16 DLR Dacca 147: Wazir and others vs. The State PLD 1960 Kar 74. Lawyers Involved: Latifur Rahman, Advocate —For the Condemned Prisoner. ATM Masud, Deputy Legal Remembrancer with Abdul ......d. ...... 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. ......d by cultivating others land on barga. He left behind his landed property and a sum of Rs. 1500.00 After the death of Iman. Parashullah Fakir purchased land from PW 10 Golam Mostafa, PW 4 Sushanta Kumar Sarkar and others with the money left by Iman. Parashullah Fakir gave money to Afsar to purch..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....n of the learned Munsif and decreed the suit of the plaintiffs. Thereafter the instant second appeal was preferred to this Court by the aforesaid defendants. 6. Mr. Abdus Salam, the learned Advocate appearing for the appellants, has taken me through the judgments of both the Courts below ...... Supreme Court High Court Division Civil Appellate jurisdiction Present: Nurul Islam J Rakman Ali alias Md. Rakman Ali and others ...............Appellants Vs. Hasib Ali Chowdhury and others..............................Respondents Judgment ......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. ......................Respondents Judgment April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kumar Das and others 6 DLR 215; Syed Moin Ahmed vs. Khondkar Mohiuddin, 19 DLR 912; Arabjan Bibi vs..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....: Montazuddin and others vs. Crown 8 DLR Dacca 95; MFN Rewail vs. State 8 DLR Dacca 589; Amir Hossain Talukdar and others vs. Crown 9 DLR, Dacca, 71. Lawyers Involved: NA Rouf, Advocate—For the Petitioners. Not represented- State. Criminal Revision Case No.......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. ......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)
....title in the suit property." 10. As against this decision of the learned Subordinate Judge the present Miscellaneous appeal has been preferred. The main grounds urged by the learned Advocate for the appellant in assailing the judgment under appeal is, first, that having regard to ......nfirmed. 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. ......her......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; Kumar Krishna Prashad Lai Singha Rao vs. Sarahoni Coal Concern Ltd. and others AIR (1937)(PC)251 co..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. ......; Barman and others...........Applicants Vs. Commissioner of Taxation, East Pak. Dacca (now Director of Taxation, E. Pak. Dacca) .........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. ...... Vithaldas vs. Commissioner of Income Tax. 64 IA 87; Sur Sundar Singh Majithia vs. The Commissioner of Income-Tax, CP and UP 1942 (10) ITR 457. Lawyers Involved: BN Chowdhury, Pradip Kumar Guha — For the Applicant. Mohammad Habibur Rahman — For the Respondent. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....convincing and unequivocal materials are available from the records to dislodge the presumption, it should prevail. 12. In this appeal, however. Mr. Nasiruddin Chowdhury, the learned Advocate appearing on behalf of the defendant No. 1 appellant has contended before us that there is...... Syed Modaris Ali ............Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May ......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. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... Division. The Additional Commissioner, Khulna Division, by his order dated 20.4.68 passed in Appeal No. 10 of 1968 dismissed the same. 5. At the hearing of this petition the learned Advocate for the petitioner urged several points. The point, however, which has become crucial in t...... Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents ......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. ..Category: Others | Date: | Hits: 92
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
.... Subordinate Judge, however, found that the co-applicants came to the Court in time, but dismissed the appeal as a whole. 7. In this revisional application Mr. Nizamuddin Haider, the learned Advocate for the petitioners, has contended that the lower appellate Court ought to have granted t......d. ......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. ......1966, passed by the learned Munsif, 2nd Court Jhenidah in Miscellaneous Case No. 159 of 1965. 2. This application has been preferred by the three petitioners (1) Bijan Bala Chowdurani, (ii) Kumaresh Chandra Biswas and (iii) Tarapada Kabiraj. The petitioner No. 1 filed the above mentioned ..Category: Property Law | Date: | Hits: 47
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
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