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SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
..... 51 CWN 563 and of Nanhelal Ananddal Jain and another vs. Singhai Gulobchand AIR 1944 Nagpur 24. Lawyers Involved: MH Khondker and Abu Backkar—For the Appellant. Abdul Wadud Choudhury—For the Respondent. Appeal from Original Decree No. 215 of 1963. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......Station Chakaria under Cox's Bazar WAPDA Division”. 3. The rate of the plaintiff who was a registered contractor was accepted and the works were allotted to him and detailed work order Nos. 41, 42 and 43 dated 3.12.1960 was issued to the plaintiff. In the said work order, the w......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)
.... 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. Idris Khan vs. Hajee Erfanuddin, 9 DLR 601; Suresh Chandra Sen vs. Jogesh Chandra Sen, 43 CWN 969; Lawyers involved: Syed Mohammad Ali—For the Petitioner. SMA Latif—For the Opposite Party No.1. Civil......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. ......ioner. SMA Latif—For the Opposite Party No.1. Civil Rule No. 1324 of 1966. Judgment: T H Khan J.- This Rule is directed against an order dated 20th August, 1966 passed by the learned Munsif, 2nd Court, Narail, district Jessore set......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. ..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....onnection with any other matter. Ed. ......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......the Appellant and Respondent. Appeal No. 174 of 1968. Judgment: TH Khan J: This appeal from the jail by the accused Golam Kader is directed against the order of conviction and sentence passed on 29 February 1968 under section 366 of the Pakistan Penal......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....azlul Huq was coming to their house in village Jainkati at about 10 PM in the night when they noticed that accused-petitioners Idris, Sekendar, Tajem Ali, Abdul Barek and Jalal Ahmed were reaping paddy from the said plot. When PW 2 Serajuddin protested, accused Idris gave him a blow by Sharki an......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. ......; Habibur Rahman J.- This Rule is directed against the judgment passed by Mr. MS Rahman, Additional Sessions Judge, 2nd Court, Bakerganj-Patuakhali upholding the order passed by Mr. MU Chowdhury, Magistrate, 1st Class, and Patuakhali convicting the accused-peti......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)
....pensation Act, 1923 (hereinafter referred to as WC Act). 2. The facts giving rise to this appeal are as follows:—The appellant was a Bus Conductor under the respondent East Pakistan Road Transport Corporation (hereinafter referred to as EPRTC) and held the badge No. 355. On 8.3.1965......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. ....... Brownieside Coal Company Limted respondent 1929 AC 642; Lawyers Involved: M A Aziz - For the Appellant. Abdus Subhan — For the Respondents Appeal from original order No. 25 of 1968. (Appeal against the order of Mr. MH Rahman, District Judge and Commis......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)
....5 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council 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—Fo......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. .......7.54 to 30.6.55. A notice was issued upon the petitioner under section 11 of the Business Profits Tax Act, 1947 (Act No XXI of 1947), hereinafter called the Act, on 26.6.62 and on the same day an order of assessment was made. The petitioner having felt aggrieved by the order went up to the Inco......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)
....n Singh 29 CWN 1037 (PC); Bhagoji vs Bapuji ILR 13 Bom. 75; Negeshwar Baksh Singh vs Ganesha 47 IAS. Lawyers Involvrd: Moinul Huq—For the Appellant. Haradhan Sarkar—For the Respondents. Appeal From Appellate Decree No. 185 of 1962.......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. ...... exhibit 'C and also the judgment decree passed in previously instituted suit, namely, exhibits E, F and Fl and the deposition of the plaintiff in the said suit marked as exhibit C. In view of the order, I propose to make in this second appeal, I do not like to make any comment on the evidentiar......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. ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... All. 693; Ham Din and another vs Buta, minor through Musammat Mahedan and another 120 1C 171; Ram Lai vs. Thakurdin and others 66 1C 678; Mrs Maya Devi vs Diwan Chand AIR 1935 Lahore 115; Khan Bahadur Khaleque Newaz Khan Chowdhury and others vs Maulvi Chowdhury Habibuddin Ahmed Siddique 46 CWN ...... 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. ...... appreciate his argument I would like to mention here that the said Article 47 provides that the period of limitation is three years for institution of a suit by any person bound by an order respecting possession of immovable property made under the Code of Criminal Procedure or by ...... 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. ..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
.... Ali (son of Rousha Mia, brother of Gura Mia, Sabir Mia, Sultan and Ismail forcibly entered upon the disputed land, assaulted PW Probhat Chandra and his ploughman Muklesur Rahman and took away the paddy seeds, the basket and spades out of the possession of the complainant. The accused petitioner......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. ......in section 447 PPC is not criminal trespass. Similarly, dishonest intention is the gist of the offence under section 379 PPC. Without finding regarding the intention of the accused petitioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accord......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. ..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
..... Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 Lahore 474, PLD 1960 Lahore 111. Lawyers Involved: A Talukdar with Daliluddin Ahmed—For Condemned Prisoner. AW Mallik with Muhammad Batir—For the State. Death Reference No. 15 of 1970 and Appeal No. 563 of 1970. Judgment......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. ......sentence under section 307 PPC. 6. The learned Sessions Judge has made a reference under 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 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
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....Hossain J.- This appeal is by the plaintiff who instituted a suit for declaration of title and for recovery of khash possession. The case of the plaintiff is that his mother Kula Kamini who has been made second party defendant in the suit, was the owner of the lands recorded in TS No. 48, Mouza Rasu......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......Cr.P.C. on 26.6.56 and the matter was sent to PUB for report whether the principal defendants were in possession of 5 sub-plots against which the plaintiff filed an objection to the SDO who passed an order on 2.8.1958 directing Mvi Abdul Majid Mukthear for local inspection. Report went against the p......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....1 th, 1970. Cases Referred to- State vs Abed All 14 DLR 701; Jananedra Chandra Ghattak vs. The King Emperor 34 CWN 198; Indur Chand vs. Emperor ILR 42 Cal 1094; Emperor vs Mahbir Prasad ILR 49. Lawyers Involved: Md. Moktar Hossain—For the Appellants. Shah......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. ......e levellrd against them and their contention was that Jahiruddin died of diarrhoea but that PW 3 Kashimuddin Ahmed falsely implicated them in this case with the help of his relations and others in order to extract money from them (accused party). 7. The trial was held with the aid of 4 as......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
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....roperty No. 3 Harish Chandra Bose Street, Dacca is not an enemy property. The property, according to the petitioner, belongs to Sree Sree Sree Lakshmi Narayan Jiu Thakur by virtue of an endowment made in its favour on the 1st of May, 1914 by one Karuna Das Basu and, as such, the property belongs......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......ment: Siddiky CJ: This is an application under Article 98 of the late Constitution of Pakistan by one Shuk Deb on behalf of Sree Lakshmi Narayan Jiu Thakur challenging an order of the Assistant Custodian, Enemy Property (Lands and Buildings) Dacca dated 19.8.67 asking ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....-Respondent Judgment January 13th, 1970. Cases Referred to- Raja Mia and others vs Sunity Bhusan Sen in 55 CWN (3 DLR) 155; Kalikesh Biswas and others vs Gheasuddin Ahmad and others 75 DLR Dacca 330; Kiron Chunder Roy vs Naimuddin Talukdar ILR 30 Cat. 498; Jogendra N...... 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. ......earing as far back as on 9.2.66 and the hearing was concluded on 10.2.66 and the matter was kept for judgment on 11.2.66. Instead of delivering the judgement on 11.2.66, Ali, J passed the following order, "11.2.66 after hearing the learned Advocates on both sides this appeal was...... 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)
....lip;….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown, reported in 1954 PDL (Lah) 69; Quine vs Leatham, reported in (7907; A.C. 495, a......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. ...... capable of giving rational answers to questions and whether he was capable of distinguishing the right from the wrong. In view of the absence of such note, either in the deposition sheet or in the order sheet, Mr. AW Mallick, the learned Advocate for the condemned prisoner contends that the tes......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)
.......... 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 vs. Krishna Bhusan Das and others 82 CLJ 145; Almas Khatun vs. Ejhar Mia 8 DL......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:......e held to be one which is barred by limitation. These are all the points that were raised by Mr. MH Khondkar in this second appeal and we find that there is no substance in them. It is, therefore, ordered that the appeal is dismissed with costs and the judgments and decrees of the courts below ar......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:..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
.... Cases Referred to- Chittaranjan Sutar vs. Secretary, Judicial Dept. 17 DLR 451, Malik Khizar Hayat Khan Tiwana and another vs. Mst. Zainab Begum and others, PLD 1967 (SC) 402, Mohammad Foaz and another vs. Birj Lall and another , 4IA 166, Sah Mukhun Lall Panday vs. Sah Koondun La......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. ......gistration Act 3. More than 6 months thereafter the petitioner was informed by a letter being Memo No. 10283 dated 22.12.65 that the respondent No. 2 refused to register the document by his order dated 8.12.1965 under section 76(1) (a) of the Registration Act in view of the operation of t......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. ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....granted the request and approved the timetable. The contention of the learned Advocate for the petitioner is not supported by sufficient materials to show the number of passengers involved and the disadvantage to the operator for his alleged loss of business and the corresponding advantage and disad...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ......the Petitioner. Respondent- Not represented. Petition No. 465 of 1969. Judgment Kemaluddin Hossain J.- The petitioner, Pak Waterways a registered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water Transport Authority, hereinafter referred to as...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... one hundred rupees. (3) The Conservator or any Magistrate having jurisdiction over the offence may cause any such nuisance to be abated. The learned Magistrate noticed in his order that it was admitted before him that the land on which the Company was erecting the wall fell within the limits...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ...... A M Sayem J.- This Rule was issued at the instance of Star Alkaid Jute Mills Ltd. a public limited company (hereinafter called the Company). In it, the Company calls in question the validity of an order of a Magistrate of the 1st Class at Chandpur restraining the Company permanently from construc...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... J Mahmudul Amin Choudhury J City Bank Limited and others …………..…………..Petitioners Vs. Bangladesh Bank and others………………………&helli......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......klader Advocate-on- Record — For the Petitioners. Not represented — the Respondents. Civil Petition for Leave to Appeal No. 656 of 1999. (From the judgment and order dated March 25, 1999 passed by the High Court Division, Dhaka in Writ Petition No. 4375 of 19......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
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