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Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... 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 ......as justified in law in interfering with the decision of the Court of Settlement in exercise of its power under Article 102 of the Constitution. 2. Facts of the writ-petitioners’ case, briefly, are that the building bearing holding No. 6A/8, Block ‘F’ Joint Quarter,...... 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)
....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.......the Code of Criminal Procedure was further amended by Act No. XLII of 1992, shortly the new Act, it was the combined effect of all the sub-sections of section 339C and 339D that a trial of a sessions case had to be concluded within 240 days, with an additional grace of 30 days, where after, as per s......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)
....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. ......rom the suit property and to deliver khas possession thereof to him. 6. On 25.7.81 the auction-purchaser filed a written statement in Title suit No. 69 of 1981 denying the plaintiff’s case and asserting substantially the same statements which he had made in the plaint of Title Suit ......t, a two- storied building with other tin shed and structures being House No. 145A. Road No. 2 Dhanmondi Residential Area, Police Station—Lalbagh, District— Dhaka standing on 1 bigha of land or there-about, originally belonged to one Dr. S M Shamim, who took a loan from Rupali Bank (t..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....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. ......ed in the suit and as such, was also kept out of the present suit. The parties also subsequently did not press their claims in respect of this schedule of property. 3. The plaintiff’s case is that their father Jamiruddin died leaving two sons, Jasimuddin (plaintiff) and Basiruddin (...... 4. The plaintiff’s suit was contested by the defendants by filing two sets of written statement. Defendant No. 1 in his own written statement contended that lot No. 1 in 'Ka' schedule land belonged to his father Jamiruddin. Lot No. 2 in 'Ka' scheduled property also belonged to his f..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....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. ......ake their meals and confronted Omar Ali and Mofiuddin. It is alleged that both the accused asked them about their whereabout and also charged them to the effect that they participated in a rioting case. Both Omar Ali and Mofijuddin denied the charge but the accused Taru Mian disclosed" his ......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)
.... 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. ......g him under section 302 of the Pakistan Penal Code and sentencing him to death. Death Reference No. 10 of-1970 made by the Sessions Judge, Jessore is also disposed of by his judgment. 2. The case of the prosecution, briefly stated, is as follows: Parashullah Fakir lives in village Singia, ...... to live in- separate mess and in a separated homestead. Parashullah Fakir lived with his younger son Iman; Parashullah Fakir had no property except the homestead. Iman acquired about six bighas of land by cultivating others land on barga. He left behind his landed property and a sum of Rs. 1500..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....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. ...... instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule to the plaint. 2. The case of the plaintiffs, in short, is that the lands of Patta No. 47/2 belonged to them and their c......p; Nurul Islam J.- This second appeal is at the instance of defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule to the plaint. 2. The case of the plaintiffs, in..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....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. ......ment for 3 months. Further, it has been ordered that the imprisonment of the petitioner 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 ......, is rather severe. My attention has been drawn to the evidence of the Investigation Officer (PW 9) who has stated in his cross-examination that he went to the locality and saw the kalai land of the accused Safar Ali to the north west of PO at a distance of 150 cubits and also saw the..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... 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. ......bject-matter of the dispute comprises two Municipal Holdings Nos. 345 and 346 of the Chittagong Municipality. Admittedly, one Bimala Bala was the original owner of the two premises. The plaintiffs case was that in 1944 he took lease of both the premise on the basis of a registered deed of lease ......ent for the premises. 4. The defendant No. 2 in his written statement denied the title of the plaintiff to the premises in suit. His case is that the plaintiffs lease expired in 1953 and the landlady Bimala Bala entered into possession and let out the premises to late Gajanan Marwari, the..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. ...... the Applicant. Mohammad Habibur Rahman — For the Respondent. Reference Case No. 9 of 1961. Judgment: Maksum ul-Hakim J: This is a case stated by the Agricultural Income Tax Tribunal under sub-section (2) of section 63 of the Agr......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)
....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. ......ment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition 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 w......t 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 schedule 2 to the plaintiff for a long time. Syed Md. Idris Ali was a renowned '..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....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. ......o. 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 this case is, that the entire proceeding was taken against the petitioner without serving any notice on......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)
.... 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. ......najpur, directing that the petitioner Abul Hussain alias Abul Md. be committed to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by opposite party No. 2 Amatu Md., Police investigated th...... 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)
....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. ......d Tenancy Act, to join in the said application and their prayer was allowed. These two co-applicants are the present petitioners 2, 3 respectively. 3. The pre-emptor Bijan Bala Chowdhurani's case was that the land under pre-emption originally belonged to tenant and the same was held under ......p; TH Khan J.- This revisional application arises out of a pre-emption proceeding under section 96 of the East Bengal 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 ag..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. ......ns Judge, Rangpur sentencing the accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo transportation for life on a conviction under section 302, Pakistan Penal Code. 2. The case for the prosecution, briefly stated, is as follows: On 22nd Bhadra, 1372 BS corresponding to 8......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)
....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. ......9 by Mr. Asafuddowlah, Additional Sessions Judge, setting aside an order passed by the trying Magistrate under section 522 of the Criminal Procedure Code should not be set aside. 2. In this case the two opposite-parties were convicted and sentenced under section 448 of the Pakistan Penal ......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)
....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. ......acquired by him on the basis of an unregistered will which was duly probated on 28.2.68 and that the defendant opposite-parties threatened him with dispossession from the lands in suit. His further case is that the lands in suit originally belonged to Bhupendra, Dhirendra, Birendra and Sunitibala......versing the decision of the learned Munsif. 2. The petitioner filed the aforementioned suit praying for permanent injunction to restrain the defendant opposite-parties from entering into the land in suit alleging, inter alia, that 5 acres of land including a building and a tank were acqui..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....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. ...... 1947 and sentencing him to suffer rigorous imprisonment for six months and to 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 d......red to the decision of the Privy Council in the case of Srinivas Mall vs King Emperor 51 CWN 900. In the aforesaid case their Lordships agreed with the view, expressed by the Lord Chief Justice of England in the case of Bread vs. Wood in the following terms: "It is in my opinion of the utmost..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....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. .......67 in Appeal Case No. 57/67 under section 60 of Survey Act filed by Hajee Jalal Ahmed and others against the order of the ADC (Rev), Bakarganj in the matter of boundary demarcation and settlement case records received with your memo No. forwarded to the CO (R), Bhola Mehendiganj PS for taking n...... Bakarganj." 2. The petitioner's case is, that during the settlement operation in the years 1903-1904, 1511.40 acres of land of touzi No. 2694 of the Collectorate of Bakarganj which belonged at that time to "Tagore..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....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. ......f 1965 in the said 4th Court of Munsif, Narayanganj for partition of the disputed holding and also claiming for the share in the arrear rents against the plaintiff of the Money Suit. It is also the case of the said defendants that they impleaded the plaintiff and the defendants of the Money Suit ......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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