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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. ......ed by the Chief Engineer subsequently and accordingly, the plaintiff was not entitled to his relief. 6. The plaintiff examined himself and produced a number of documents to substantiate his case. On the side of the defendant, however, no witness was examined, but they filed the correspond......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)
....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. ......a and that she never settled the disputed land measuring 7.56 acres appertaining to several Khatians of Mouza Dhebadah, PS Lohagara, District Jessore with the defendants of the said rent suit. Her case is, that her father Raj Kumar Bangopadya, who was a reputed lawyer of the Narail Bar, died in ...... rendered on 4-1-63 in the aforesaid rent suit purported to have been brought by Jagadish Bhattacharya and Parul Bala Debi for alleged arrears of rent of Rs. 19.00 only in respect of 7.56 acres of land appertaining to different Khatians, shown as held in tenancy right under them, by the present ..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. ......ced him to suffer rigorous imprisonment for four years. The learned Sessions Judge however acquitted the appellant of charge under section 376 of the Pakistan Penal Code. 2. The prosecution case, in brief, is that in the evening of 22nd Jaistha, 1373 BS corresponding to 5th June, 1966 AD ......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)
....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. ......onvicting and sentencing accused Idris and Sekandar under section 324 of the Pakistan Penal Code and sentencing each of them for a further period of six months has also been upheld. 2. The case for the prosecution briefly stated is, that CS Plot No. 9421 of Mouza Joinkati, PS Patuakhali ...... the said plot. When PW 2 Serajuddin protested, accused Idris gave him a blow by Sharki and accused Sekendar gave him a blow by chwal. The accused persons forcibly took away paddy from the disputed land by boat. The paddy was grown by PW 1 Abdul Aziz. PW 3 Tajambar Biswas, PW 4 Kanchan, PW 6 Hat..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. ......e sustained the injury though no service was rendered by him thereafter. The respondent, therefore, contended that the appellant was not entitled to any compensation and, as such, the compensation case was liable to be dismissed. Alternatively, it was pointed out that if any compensation was giv......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)
....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. ......s a part of the Act in the year 1957, was amended and two new sub-sections, namely, (2B) and (2D) were added to section 34 of the Income Tax Act whereby period of limitation was extended in certain cases of escaped assessment and the competent authority was enabled to start proceedings for asses......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)
....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. ......members of the joint family and, as such, the plaintiff, defendant Nos. 22, 23 and Rajkumar, predecessor of the defendants Nos. 18 to 21 acquired 1/4th share in property in suit. It is the further case of the plaintiff that each of the brothers excepting Chandra Kumar Basak acquired 1/12th share......irs of the other original owner of Jagat Chandra Basak. 1/3. 3. The suit was contested by defendant No. 18 who filed the written statement. His contention, inter alia, is that all the lands excepting the homestead had been partitioned by metes and bounds and the cadastral survey rec..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. ......r declaration to the effect that the kabuliyat dated 6.9.46 in the name of the defendant No. 1 Mvi Serajul Haq Mukhtiar is a fraudulent and void document. 2. The short facts relevant to the case of the plaintiffs may be stated as follows: The bhiti land as described in schedule '......name of the defendant No. 1 Mvi Serajul Haq Mukhtiar is a fraudulent and void document. 2. The short facts relevant to the case of the plaintiffs may be stated as follows: The bhiti land as described in schedule 'Ka' to the plaint along with some other lands originally belonged to..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. ......mat Ali, Sabir Mia, Sultan Mia and Ismail under sections 379 and 447 PPC and sentencing each of them to pay a fine of Rs 20 in default each to suffer simple imprisonment for 15 days. 2. The case for the prosecution, briefly stated, is that complainant Probhat Chandra's father Chandra Kuma...... 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu under the registered deed Ext. 1. Since then the complainant's father possessed the disputed land. After his father's death the complainant is possessing the same. As the disputed land is in f..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. ......1970 and Appeal No. 563 of 1970. Judgment Abdul Hakim J.- This judgment will dispose of the Death Reference No 15 of 1970 and the connected appeal No. 563 of 1970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Johar prayer, ac......lity of the act he was doing or what he was doing was wrong. If the accused was conscious that the act was one which he ought not to do and if that act was at the same time contrary to the law of the land, he is punishable. The standard to be applied is whether according to the ordinary standard ado..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. ...... Appeal from Appellate Decree No. 906 of 1960. Judgment K 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 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 Rasulpur, Plot No. 311 with the area of 66 acres. Kula Kamini as ..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. ......lants have been convicted under sections 302/109 PPC by the Sessions Judge Dinajpur and sentence to transportation for life. 2. In short, the prosecution case is, that the deceased Jahiruddin married, accused Amina Khatun some 8 or 10 years ago but the......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)
....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. ......g him to vacate No. 3 Harish Chandra Bose Street, Dacca as the same is an enemy property and the said Shuk Deb is said to have been an unauthorised occupier of the same. 2. The petitioner's case is, that the property No. 3 Harish Chandra Bose Street, Dacca is not an enemy property. The pr......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)
.... 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. ......possession by evicting the defendants from the lands in suit measuring 2.72 acres recorded in RS Khatian No. 258 appertaining to Jote No. 138 of Mouza Jalia Palong. 2. The plaintiff’s case, in short, is that he auction purchased the aforementioned jote on 26.11.49 in a revenue sale ......nbsp; This appeal is at the instance of the defendants and it arises out of a suit for declaration of plaintiffs title and for khas possession by evicting the defendants from the lands in suit measuring 2.72 acres recorded in RS Khatian No. 258 appertaining to Jote No. 138 of M..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....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. ......e is also an appeal preferred by the condemned prisoner from the jail. Both the Reference and the appeal have been heard together and they are now disposed of under one judgment. 2. In this case the condemned prisoner was charged under section 302 of the Pakistan Penal Code for the murder......eside in the southern 'bhiti' hut of the house. There is a cowshed in the east 'bhiti' in Yasin's homestead. Yasin Sheik, aged about 60 years, proposed to make a gift of Pakhis of ‘Nal’ land and a hut to his 2nd wife, the deceased Maleka who was aged 20 or 21 years, some time before ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....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 Province of East Pakistan, auction purchased the jote' in execution of a certificate for arrears of rent on 10.4.1965. After the said auction purchase, the defendant No. 1 instituted a resettlement case being Resettlement Case No 6/57-58 and the proposal for settlement of the suit property with de......at they are tenants in respect of the suit property under the defendant No. 1 the Province of East Pakistan in which the other defendants namely, defendants 2 to 7, have no title. Originally the suit land was held in under raiyati right by one Baker Ali under Wakf Estate whose Mutawalli was one Shay..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....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. ......sed as was required under the relevant provisions. It further appears on page 2 of this document that endorsement was made by respondent No. 2 to the effect that the execution was admitted in this case by the executants. The left thumb impressions of the executants were also duly taken as was re......tion No. 58 of 1970. Judgment: Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... 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. ......hese are highly disputed facts concerning the general policy of guiding the inland river transport system for which the court is not the authority to decide or deal with such policy matters except in case of patent mala fide. The vague allegation of mala fide on behalf of the petitioners is not suff......sented. 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 IWTA, in the matter of granting time-tabl..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... 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. ......ch the Company was erecting the wall fell within the limits of the port. 3. It has been contended in support of the Rule that section 10 of the Ports Act, 1908 is not applicable in the present case, since the wall which is being constructed by the Company is not a floating timber or raft and ......e removed, any timber, raft or other thing, or floating being any part of any such port, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landing place, wharf, quay, dock, mooring or other work on any part of the shore or bank which has ..Category: Others | Date: | Hits: 162
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....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. ......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. ......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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