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Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant ...... 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 ......ahman, Advocate-on- Record— For Respondent Nos. 1 & 2. Not represented—Respondent No. 3. Civil Appeal No. 59 of 1994. (From the judgment and order dated 29th October, 1991 passed by the High Court Division in Writ Petition No. 1602 of 1988...... 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)
....ted in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......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....... For the Appellant. M Shamsul Alam, Deputy-Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record —For the Respondent. Criminal Appeal No. 3 of 1995 (From the judgment and order dated 4 April 1995 passed by the High Court Division in Criminal Revision No. 291 of 1991). ......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)
....o Reported in: 48 DLR (AD) (1996) 1. ......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. ...... Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent No.1 (In both the Appeals). Civil Appeal Nos. 14 and 15 of 1994. (From the judgment and order dated 2.8.93 passed by the High Court Division in First Appeal Nos. 181 of 1990 and 30 of 199......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. ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... Judgement August 21, 1970. Cases Referred to- Hames and another vs. Hickson AIR 1946 PC 156: Kumbhan Lakshmana and ors. vs. Tangirala Venkateswarla 2 DLR (PC) 83; Durga Prasad and another vs. Ghanshiam Das and others AIR 1948 (PC) 210; Robins vs. National Trust Company Lt......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. ...... as contended on their behalf that the same also belonged to Jamiruddin and, as such, they are entitled to their share. 6. It is to be noticed in this connection that the trial Court by its order dated 21.8.64 directed the defendants 2 and 3 to pay ad valorem Court-fee in respect of sche......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)
....(Dacca) 98; Abdul Bari Sikdar The Crown 7 DLR 457; Md. Hekmatullah vs. The Crown 7 DLR 13; Emperor vs. Anwar Ali AIR 1948 Lah. 27; Lt. Hector Thomas Huntley vs. Emperor AIR 1944 (FC) 66; Noor Muhammad vs. The State 16 DLR (SC) 188 = PLD 1963 (SC) 38; Ghulam Haider vs. The State 9 DLR (WP) 52 = PL......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. ......the Deputy Commissioner of Dacca, and the said accused appellant to show cause why the 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 l......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)
......... 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 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crow...... 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. ......ted by Parashullah Fakir to Dulal Fakir. PW 1 Sk Elahi Baksh took Dulal Fakir to the Mela after evening and purchased sweets for him and thereafter nobody saw Dulal Fakir returning to his house. In order to save himself from the charge of murder PW 1 Sk. Elahi Baksh with the help of other witness...... 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. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
.... 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. Abdul Kader and others 19 DLR 745; Kumbhan Lakshmanna and others vs. Tangirala Venkateswarla, 2 DLR 83 (PC......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. ......nts, as to the maintainability of the second appeal in view of the fact that it stands abated as against the heirs and legal representatives of the defendants respondents Nos. 3, 10 and 11, as per order of this Court, dated 20.4.64. On this point Mr. Salam submits that in the event of success in......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)
....ioner No. 1 Safar Ali in default of payment of fine will run consecutively. 3. According to the prosecution case, the complainant Sukur Ali and his labourer Hazrat Ali (PWs 1 and 2) led 2 heads of cattle to a ditch in mouza Kanipara PS Kalihati in the district of Tangail and were getting ......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. ......or the Petitioners. Not represented- State. Criminal Revision Case No. 152 of 1969. Judgment: A Quasim J.- This Rule is directed against an order of conviction and sentence under sections 147, 323 and 324 of the Pakistan Penal Code. ......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)
....s 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 corresponding to 64 I...... 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. ......gment: TH Khan J.- This is a plaintiffs appeal and is directed against the judgment and order passed by the learned Subordinate Judge, 1st Court, Chittagong, dated the 15th April, 1964 in...... 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. ..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....lyani 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 Responden......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. ......ndivided 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 notices of the......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)
....of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Mohd. Idris Ali the predecessor 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 sched......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. ......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 the following orders: "20.9.61. ......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)
....68 the petitioner contended that he learnt that resolution was passed against him by the Khulna District Council removing him from the office of Chairman of Islamkati Union Council. Thereafter, he made necessary enquiries in the matter and he came to know that the Deputy Commissioner, Khulna by ......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. ...... the Khulna District Council on 23.1.1968 removing the petitioner from the office of 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 ......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
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
......Opposite Party Judgment November 9th, 1970. Cases Referred to- Panchanan Sarkar vs. Emperor, AIR 1930 Cal. 666; Lakshminarayan and others vs. Suryanarayan, AIR 1932 Mad. 502; Emperor vs. Asghar and others 37 ALJ 337; Chhadamila Jain and others vs. State of Uttar Pr...... 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. ......TM Afzal — For the Opposite Party No.2. Criminal Revision No. 623 of 1970. Judgment: Abdullah Jabir J.- This Rule is directed against an order passed by Mr. AH Chowdhury, Sessions Judge, Dinajpur, directing that the petitioner Abul Huss...... 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)
.... 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 Miscellaneous Case against the five op......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. ......State Acquisition and Tenancy Act, 1951, for pre-emption of 1.49 acres of lands out of CS plot Nos. 1224, 1225 and 1226 of Mouja Kulbaria with PS Jhenidah. It is directed against the Judgement and order dated 13.10.66 passed by the learned Subordinate Judge, Jessore, in Miscellaneous Appeal No. ......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)
....nbsp; September 3rd, 1970. Cases Involved: Siraj vs. Crown (1957) 9 DLR (SC) 177; Md, Siddiq vs. Crown (1954) DLR (FC) 56. st Sairan 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 Invo......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. ......she had inherited from her brother. In the night before the occurrence, the accused had a quarrel with the deceased. In the morning, the accused lodged a false information at the police station in order to save himself from the charge of murder. The accused had himself murdered Altafunnessa and ......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)
.... the order passed by the Additional Sessions Judge is illegal and without jurisdiction. In support of his contention, he has cited two Single Bench decisions of the Lahore High Court, namely, Mohammad Sharif vs. Diwan Singh AIR 1940 Lah. 95 and Ghazan and another vs. Mt. Bag Bhari AIR 1932 Lah. ......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. ...... 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, setting aside an order pass......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)
....; Vs. Hatem Mondal and others ............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 ......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. ......p; Nurul Islam J.- In this application under section 115 of the Code of Civil Procedure the petitioner Sree Pronab Kumar Majumder obtained the Rule praying for setting aside the judgment and order date 17.1.70 passed by learned Subordinate Judge of the Additional Court, Jessore in Miscella......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)
....pay a fine of Rs. 500/- in default, to suffer rigorous imprisonment for one and a half month more. 2. The prosecution case is that while the appellant was serving as the Sub-divisional Officer of Sadar Jessore he had domain over a sum of Rs. 5, 976, 20 paisa which represented the fund of the Work......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. ......Abdul Aziz appearing on behalf of the Appellant contended that the trial of the accused in this case was vitiated by misjoinder of charges and further that the charges, as framed, were misleading. In order to examine the validity of the contentions raised reference has to be made to the charges, nam......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)
....e respondents. Ed. ......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. ......s 3-12. Tofail Ahmed — For the added respondents. Petition No. 310 of 1970. Judgment Maksum-ul-Hakim J: The five petitioners have challenged the validity of the order dated 8.5.68 (Annexure-T) passed by the Additional Deputy Commissioner (Revenue), Bakarganj ......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)
....; Sachindra Narayan Das and others vs. Rajani Kumar De and others 7 DLR 198; Ch. Mohd. Afzal vs. Mt. Sardar Begum and others, AIR 1949 Lahore 69; Komorappa Goundan vs. Ramaswamy Goundan, AIR 1948 Madras 150; RK Balaji Rao and others vs. MO Natesa Chatty, AIR 1948 Madras 138. Lawyers Invo......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. ......e arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 1967 passed by the learned Munsif, 4th Court, Narayanganj refusing to......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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