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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 ......d Eidgah graveyard. After the death of their mother respondents also filed similar application again with no result. The respondents filed Title Suit No. 81 of 1986 in the First Court of Assistant Judge, Dhaka for declaration of their title to the disputed house and for releasing the same from t..

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.......e retrospective in operation in so far as sub-section (4) of section 339C of the new Act is concerned. It will apply to pending cases. 7. It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on Janua..

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. ......roperty in his favour being a lawful auction-purchaser thereof. 4. Instead of granting any relief to the auction- purchaser Bangladesh as plaintiff instituted in the 3rd Court of Subordinate Judge. Dhaka Title Suit No. 69 of 1981 on 18.2.81 against the auction- purchaser for declaration of..

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. ......n Sarkar................Appellant                Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred to- Hames and another vs. Hickson ..

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. ......bsp;      Nurul Islam J.- The Criminal Appeal No. 290 of 1967 and Criminal Appeal No, 362 of 1967, arising out of the same judgment by which the learned Additional Sessions Judge and Ex Officio Special Judge, 3rd Court, Dacca, convicted the two accused appellants on 29.4...

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. ......of 1970. Judgment:       Habibur Rahman J: This appeal by the accused Lutfor Fakir is directed against the judgment passed by Mr. Nasimuddin Ahmed, Sessions Judge, and Jessore on 15.6.70 convicting him under section 302 of the Pakistan Penal Code and sent..

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. ......led to prove their case of possession and dispossession and that the defendants proved their case by independent witnesses and consequently he dismissed the suit. On appeal the learned Subordinate Judge by his judgment and decree, dated 28.6.61 reversed the decision of the learned Munsif and dec..

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. ......nd the occurrence took place in a ditch and not in the kalai field of the accused party. 5. A motion filed against this judgment of conviction was heard and disallowed by Additional Sessions Judge. 6.   The following points have been pressed before me in support of the Rul..

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. ......             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 other Appeal No. 209 of 1963 reversing..

Category: Property Law | Date: | Hits: 71

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. ......       TH Khan J: This appeal at the instance of the defendant No. 1 is against the judgment 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. ..

Category: Property Law | Date: | Hits: 59

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. .......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 Hussain alias Abul Md. be committed to the Cou..

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. ......e 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 against the Judgement and order dated 13.10.66 passed by the learned Subordinate Judge, Jessore, in Miscellaneo..

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. ......For the State. Criminal Appeal No. 360 of 1966. Judgment:       Habibur Rahman J: This, appeal is directed against the judgment passed by the Sessions Judge, Rangpur sentencing the accused appellant kasiruddin Sarkar alias Kasiruddin Fakir to undergo..

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. ...... 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 passed by the trying Magistrate under section 522 of the Criminal Pro..

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. ......er 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 Miscellaneous Appeal No. 126 of 1969 by which the petitio..

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. ......Appellant. Md. Modabber Hosain —For the State. Criminal Appeal No. 204 of 1958. Judgment: 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..

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. ...... cover the final disposal of the subject matter of the aforesaid Title Suit No. 114 of 1965 which is now pending for adjudication in Title Appeal no. 229 of 1968 before the 4th Court of Subordinate Judge- Dacca being Preferred by plaintiffs of me aforesaid Suit which was disposed of on 31st of M..

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. ....... Judgment:        Maksum-ul-Hakim J.- This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 4 of 1962. 2. The facts giving rise to this a..

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. ..

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. ......76 of the Pakistan Penal Code while the remaining 2 assessors were of the opinion that the appellant was not guilty of the offence under section 376 of the Pakistan Penal Code. The learned Sessions Judge agreeing with the unanimous opinion of the assessors found the appellant guilty under sectio..

Category: Criminal Law | Date: | Hits: 59