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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. ......ias 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 the case and submitted charge-sheet on 15.1.67 against ..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. ......ving any notice thereof to the petitioner. She for the first time came to know about the said sale on the last Asar, 1372 BS corresponding to 16th June 1965, from her husband, to whom the opposite party No. 1 Maniruddin Biswas had disclosed that he would take possession of the land on the streng..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. ......isposal of the suit was filed by the petitioner before the learned Munsif who granted the petitioner's prayer for temporary injunction for judgment and order dated 24.7.69. The defendants opposite party Nos. 1 and 4 contested the said application by filing written objection. Their case is that t..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....f the provision of section 233 of Cr.P.C. And it cannot be justified by any of the exception s mentioned therein. Since the trial was held in disregard of express provisions to the mode of trial, the defect cannot be cured under section 537 of CrPC. Reference may be made in this connection to decisi......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. ..Category: Anti-Corruption Laws | Date: | Hits: 83
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. ......nganj refusing to stay proceedings of the said suit being Money Suit No. 12 of 1966 of his Court till the disposal of title Suit No. 144 of 1965 of the same Court. 2. The plaintiff-opposite-party Alimulla Mallick instituted Money Suit No. 12 of 1966 against the petitioners and opposite-pa..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. ......ct Director. The plaintiff wrote a letter, exhibit 3(d) to the Executive Engineer on 14.9.61 in reply to this letter where he pointed out that the rates of the contract can never be reduced by one party alone, when the previous rates were agreed mutually by both the parties. The plaintiff again ..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. ......ition appears to have been filed on 4.1.63 i.e. barely four days after filing of the suit, and on the same date the Court passed a decree in terms of the compromise. 3. The present opposite party No. 1 Parul Bala Debi, whose name appeared as plaintiff No.2 in the said Rent suit, filed an ..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. ......d Abul Kasem. Thereafter the complainant along with some men of the village and his younger brother Abdul Kasem went to the house of the accused Golam Kader to rescue Sharifunnessa but the accused party attacked them with a gun as a result of which the complainant, his brother and others fled aw..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. ......ddy in their plot No. 9421 in Mouza Joinkati. When they detected that PW 2 Serajuddin along with his men were cutting paddy from the said plot, i.e., plot No. 9421, they obstructed the complainant party from reaping their paddy. The complainant party men thereupon attacked the accused persons an..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....ct observed as follows: "In the ordinary and popular meaning which we are to attach to the language of this statute I think there is incapacity for work when a man has a physical defect which makes his labour unsaleable in any market reasonably accessible to him and there is......bility of the respondent employer to compensate for the injuries sustained by the appellant was, therefore, clearly accepted by the learned Commissioner. This finding has not been challenged by any party in the appeal. In respect of the quantum of compensation receivable by the appellant, the lea..Category: Labour and Industrial Law | Date: | Hits: 118
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. ......quo; was executed and the said document would show that Raj Kumar acquired the interest of his brother Chandra Kumar in pursuance of two documents and that the plaintiff and other so-sharers being party to the said Achalnama cannot challenge the title of Raj Kumar. 4. The learned M..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. ......dure is not within the scope of an investigation in the present suit. Before I dilate upon the said point in detail I would like to mention here that Ext F (1) shows that the plaintiff I was not a party to the said proceedings under section 145 of the Code of Criminal Procedure. A person who is ..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. ......ilty. Their case is that Gura Mia's interest in the disputed land was sold in 1916 under the registered deed Ext A to Rousha Mia. Since then the disputed land is under the possession of the accused party. The complainant's document Ext. 1 is not regarding the disputed plot. The complainant has i..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....ntrary to law on the date of occurrence. 12. To establish a defence on the ground of insanity it must be clearly proved that at the time of committing the act the accused was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was do......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. ..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. ...... 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, was the owner of the lands recorded in TS No. 48, Mouza Rasulpur, Plot ..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. ......ion 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 assessors all of whom found the accused Tam..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....ff in the lands in suit. The said defendants asserted their jote right in the land in suit and contended, inter alia, that the suit was not maintainable in the form it was filed and it was bad for defect of parties. They further contended that the disputed jote No. 138 comprising the suit lands ...... 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
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. ......accused in a case under 302 PPC. The judgment in that case was delivered by AM Sayem, J sitting with Ahsanuddin Choudhury, J and was based on an earlier decision of this Court in which Sayem J was a party. That case was of Abdul Gani and another vs. The State 16 DLR 388 which again was based upon ..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:...... 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 the certificate proceeding. In the case of Mafizur Rahman Sarder vs East Pakistan repres..Category: Civil Law | Date: | Hits: 137
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. ......at the interests of the plaintiffs not being divisible the suit is liable to abate as a whole. 8. Order 22 of the Code of Civil Procedure requires that in the event of death of a particular party, heirs and legal representatives of the deceased have to be brought on record within a stipu..Category: Property Law | Date: | Hits: 72