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Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....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 ..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....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..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....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..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....ney was to be disposed of. The law relating to disposal of Works Programme Fund, according to the said Court, was laid down in circular No. 44 issued by the Secretary of the Basic Democracy and Local Government Department. This circular contains certain instructions and provides for, among others, i......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..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....istered kabuliyats in favour of the proprietors and since then they have been possessing these lands peacefully on payment of rent to the proprietors and after their acquisition, to the Provincial Government. As the new char sprung up from the bed of the river due to the shifting of the river Te......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 ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....p; Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan......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..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....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..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....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..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....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..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....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..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....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..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....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..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... and others vs Debesh Kumar Singh Sarma 13 DLR 232; Md Abdur Rahman Bhuiyan vs Prafulla Chandra Majumdar 13 DLR 865; Maheschandra Das Choudhury vs Mukunda Chandra Das 14 DLR 347; Perumel vs Central Government of Pakistan 15 DLR (SC) 58; 18 CWN 428 (PC) and 29 CWN 1037 (PC); Must. Bhagwanu Kunwar ...... 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..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... 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 ..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....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..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....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 ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....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..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....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..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....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 ..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....iled and it was bad for defect of parties. They further contended that the disputed jote No. 138 comprising the suit lands were not cultivable; and one Abdul Kader, after taking settlement from the Government, leased out the said land to their predecessor Nuruddin and to the predecessor of their ......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..Category: Property Law | Date: | Hits: 67
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