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Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)
....nt case the Court was constituted by the Chairman and only one member, the High Court Division by the impugned order declared the judgment of the Court of Settlement as to have been passed without lawful authority. 5. The petitioners are aggrieved because the High Court Division ref...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasina Khatoon and others ……………………………&......, Advocate-on-Record. —For the Petitioners. Not Represented — Respondents. Civil Petition for leave to Appeal No. 95 of 1991. (From the judgment and order dated 31st October, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 6/88)...Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....nbsp; ATM Afzal CJ.- In this appeal by leave, at the instance of the respondent-Government in Writ Petition No. 1602 of 1988, the short question is whether the High Court Division was justified in law in interfering with the decision of the Court of Settlement in exercise of its power under Arti...... Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant Vs. Md. Jalil and others…….Respondents Judgment ......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..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....with the expiry of 360 days, if the trial has not been concluded. Section 339D has been repealed. The position now is, no stoppage, no revival. 4. The legal position of an amendment in procedural law has been aptly summed up by SA Rahman, J (as his Lordship then was) in the case of Md. Aslam vs....... Vs. State ………………………………………………………..Respondent Judgment August 22, 1995. Result: The appeal is dismissed. Cases Referrd to- Babul and others vs. The State, 15 BLD (1995) (HCD) 88, Md. Aslam vs. State 19 DLR (SC) 242. Lawyers I...... 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). ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ngladesh to be in possession of the suit property and he filed an application to the Minister of Public Works and urban Development in 20.6.79 for releasing the suit property in his favour being a lawful auction-purchaser thereof. 4. Instead of granting any relief to the auction- purchase...... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip...... 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..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....cond appeal. 10. Mr. Md. Habibur Rahman, the learned Advocate appearing for the defendant No.l appellant, has urged two points in this second appeal. Firstly, that the Courts below erred in law in deciding the case on a wrong onus of proof and on an erroneous presumption that the properti......-Hakim J TH Khan J Basiruddin Sarkar................Appellant Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred ...... 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..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....unishable under sections 161 and 165A of the Pakistan Penal Code have not at all been brought home against the accused appellants in this case and the said charges are not at all maintainable with law and in the facts and circumstances of the case. 9. Mr. Zahurul Huq Khan, the learned Ad......l No. 362 of 1977). Fakir Shahabuddin Ahmed with Fariduddin Ahmed (in Cr. Appeal No. 200 of 1967). Zahurul Huq Khan with Serajul Huq—For the State. Appeal Nos. 290 and 362 of 1967. Revision No. 568 of 1967 Judgment: &nb......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..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....turned to his house. The suggestion pf illicit relationship between PW 1 Sk, Elahi Baksh and PW 2 Bano Bibi is believed by the fact that one month before the occurrence Parashullah Fakir, father in law of PW 2 Bano Bibi, had made PW 1 Sk. Elahi Baksh the identifier in the deed of gift Ext 6. Had,......; 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 Crown 6 DLR (FC) 126: ......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..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....wer may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal or objection. Having regard to the said provisions of law if I now consider the preliminary objection it would be found that the instant appeal before me......ll 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..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
.... me three reported cases one of which goes directly against him. In the case of Montazuddin and others vs. Crown 8 DLR Dacca 95 it has been held by a single Judge that if the common object of an unlawful assembly was causing mischief and if in course of that occurrence hurt was caused to one of ......s 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. ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....red deed of lease for a period of 9 years which expired in 1953. There was a renewal clause in the said deed of lease. As Bimala Bala refused to renew the said lease, the plaintiff took recourse to law for enforcing the renewal clause and instituted a suit for specific performance. The suit was ......reme Court High Court Division Civil Appellate Jurisdiction Present: TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: ......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..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....sp; Maksum ul-Hakim J: This is a case stated by the Agricultural Income Tax Tribunal under sub-section (2) of section 63 of the Agricultural Income-tax Act. The questions of law propounded by and referred to this Court are as follows: "(I) Whether the pr...... 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..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....hown in the 4th schedule was the hut occupied by the plaintiff. As the house was congested, the plaintiff had purchased a plot of Chara land near the homestead with the money given by his father-in-law and he constructed his house thereon at his own cost but he nevertheless retained the possessi...........Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv......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. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....Article runs as follows: "95. Notice and service thereof.— (1) Where anything is required to be done or not to be done by any person under this Order or the rules or bylaws, a notice shall be served on the person concerned specifying the time within which the retire......p; Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January 13th, 1971. ...... 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 ..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....se was transferred, took up inquiry against twenty-four accused persons and examined nineteen witnesses between 2.11.67 and 10.2.68. When he left the station the case was transferred to Mr. A Huq, lawyer-Magistrate on 27.3.68 and he examined twelve more witnesses for the prosecution upto 1.11,68......e 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..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
.... learned Advocate for the petitioners. The different sub-sections of section 96 of the Act lay down the elaborate provisions as to pre-emption. It may incidentally be mentioned here that analogous law as to pre-emption was provided in the different sub-sections of section 26F of the Bengal Tenan......mp; others..............Petitioners Vs. Maniruddin Biswas & others.........Opposite Parties Judgment June 11th, 1970. Cases Referred: Afazuddin Mridah and others vs. Mubarakulla and others 5 DLR 445; Sachindra Nath Chakravarty vs. Trailakya Nath Chak......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. ..Category: Property Law | Date: | Hits: 47
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. ......) 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 Involved: M. Golam Rabbani and Md. Nurul Islam, Advocates—For the Appellant. T Talukdar, Advocate—For the S......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. ......titioner Vs. Sudhir Kumar Kundu and another……...Opposite Parties Judgment November 16th, 1970. ...... 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)
.... case in respect of his title and possession in the disputed properties and so the appellate Court rightly refused to grant temporary injunction in his favour. 7. It is settled principle of law that to obtain temporary injunction a party has to clearly prove prima facie case with regard t......: Nurul Islam J Pronab Kumar Majumder ...................Petitioner Vs. Hatem Mondal and others ............Opposite Parties Judgment November 5th, 1970. Cases Ref......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)
....amme Fund in the current account No. 1459 (Index No. W-4) in the National Bank of Pakistan, Jessore Branch, you dishonestly disposed of Rs 755/- out of that amount in violation of the direction of law prescribing the mode in which such money is to be disposed of and by corrupt or illegal means o...... Abdullah Jabir J.- This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in ......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)
....; ADC (Rev.), Bakarganj." Annexure 'P'. "176 Judl. dt. 18.7.70. Heard the learned lawyer. When there is a big navigable river, the area to eastern side of river Tetulia would fall w......pondents. 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 ..Category: Property Law | Date: | Hits: 81
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