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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. ......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. ......s assessed at Rs. 115.62. All these people died long ago. But Abul Hossain s/o. Efazullah, who was wrongfully identified by the Chairman as Efazullah wrongly, got payment of the entire assessed amount. Similarly, in another case Mukunda was identified by the Chairman as the sole he..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. ...... 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. ......al Procedure in respect of criminal breach of trust of a sum of Rs. 24.000/-. After hearing the evidence for the prosecution the Magistrate framed the charge mentioning at the end thereof that the amount was made up of two items of Rs. 17,0007- and Rs. 7.000/-. The accused pleaded not guilty and..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. ......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. ......ail about the sale. She further stated that she was a bonafide cultivator and if the prayer for pre-emption was allowed her total land would not exceed the statutory limit. She deposited the entire amount of the consideration money together with the requisite compensation. 4. The co-appli..Category: Property Law | Date: | Hits: 47
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. ......e prima facie 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 ......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. ..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. ......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. ......ion case is that while the appellant was serving as the Sub-divisional Officer of Sadar Jessore he had domain over a sum of Rs. 5, 976, 20 paisa which represented the fund of the Works Programme. The amount was lying in the current account No. 1459 of the National Bank of Pakistan, Jessore. During t..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. ......m of a big navigable river has all along been recognised to mean appropriate boundary or territorial demarcation of various respective zones or areas. There are clear authorities to show that this principle should be adopted by the Government in deciding boundaries of zones or areas under any sy......ich there was some confusion and doubt should henceforward be unmistakably deemed as falling within a particular Subdivision. In view of the above, we hold that these orders in question do not tantamount to a reallocation of the territorial limits of a Sub-division or a police station. 8...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. ......y disappears and merges in the order of the appellate authority so that there remains in existence only the appellate order and this order can be made the basis of a suit." The principle as laid down by our Supreme Court in the above case is too well known and with reference ......ners and opposite-party Nos. 2-4 before him on the 13th of May, 1966 for recovery of Rs. 2000/- on arrear house rents on the allegations, inter alia, that the plaintiff was entitled to get the said amount which accumulated as rents at the monthly rate of Rs. 22/-from the month of Falgoon, 1365 B..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. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ...... the Executive Engineer by his memo No. 3411 dated 3.3.62. The Project Director ordered that the contractor would be allowed payment at the rate of Rs. 3/-per sft. of Tarja matting as consolidated amount in respect of item Nos. 2 and 3. The plaintiff claimed that on the basis of this calculation..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. ......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. ......he internal evidence disclosed by the petition of compromise itself and the alleged powers executed in favour of the different lawyers which are on record. He has drawn my attention to the alleged amount of arrear rent and the quantity of land involved, and also to the different signatures inclu..Category: Property Law | Date: | Hits: 69
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 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. ......ly and permanently lose the use of his left leg and if he would have lost the use of the left leg permanently and completely, then the percentage of loss of earning capacity under Schedule 1 would amount to 50 cent. The learned Commissioner further found that as the appellant can still stand a w..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. ......ments of section 34 of the Income Tax Act apply to the case of escaped assessment under the Business Profits Tax Act. Our answer to this question is, no. In the case of legislation by reference the principle that appears well settled is that the adopting Act will retain the shape of the adopted ......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. ......t ness are joint family properties; but such a presumption is rebuttable and may be displaced by the person alleging the property to be his self-acquired property". 9. This principle as enunciated in the said case clearly shows that the person^ alleging the property to be......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)
.... 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. ...... of the plaintiff 2. Under the circumstances it cannot be argued that the plaintiff 2 also had notice of the order passed under section 145 proceedings." In the above context the principles of law as enunciated in the case of Ham Din and another vs Buta, minor through Musammat ...... 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
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. ......into another particularly in the case of a charge of an offence where normal sentence is death and lesser sentence is transportation for life. There are numerous decisions which have laid down the principle that the court will be extremely cautious and seriously think to give maximum punishment ......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
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. ......gal Tenancy Act had been rebutted by evidence and by evidence of entry in the record of-rights, the question is a question of fact which cannot be agitated in second appeal." The principle of law as enunciated by Guha, J, in the said case fully holds good in the facts and circu...... 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
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:......it was held to be barred under section 42 of the Specific Relief Act inasmuch as they were out of possession and did not ask for recovery of possession as a consequential relief and this followed the principle as laid down in Almas Khatun's case as the principle was clearly different. The defendant ......further noticed in this case that the principle laid down in the decision reported in S DLR 82 did not apply to this case, in view of the fact that the symbolic possession taken in this case will not amount to an actual possession as the plaintiff was not a certificate debtor and was not a party to ..Category: Civil Law | Date: | Hits: 137
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......d to prove by any evidence, i.e., passport, visa etc. that at the relevant time defendant No. 2 and his wife defendant No. 3 were staying abroad. It was also observed that the decree was for a big amount of money and no irregularity was found in obtaining the said decree. 4. The defendan..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ...... any hearing whatsoever. As against this, when delay is condoned and the substitution is made the worst that can happen is that a case is decided on merit after hearing the parties. Therefore, the principle that substantial justice shall take preponderance over technical consideration should alw......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......ending parties like a Civil Court. However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. The principle is well-settled and we have no hesitation therefore in observing that all the findings, o......; (a) The whole areas under unauthorized possession of different persons and not under control of the PWD be dc-requisitioned in favour of the owners by realization of compensation amount received by them. The owners will in their turn get the land freed from the occupation of t..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......luded, the civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure.” 30. In the vein of this decision there are numerous decisio......gh Court Division. It reads- “14A. That the plaintiff all the time disputed the claim of defendant No. 1 but they willfully did not disclose the actual fact that BTMC has already paid them full amount of loan/dues on account of Rahman Textile Mills Limited. So the auction sale dated 3-3-93 sub..Category: Property Law | Date: | Hits: 77
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