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Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....nuddin Munshi vs. Tajaddin and others AIR 1932 Cal 538; (Syed) Abdul Huck and others vs Seetameetti Narayan Naidu and anr. AIR 1938 Mad 14. Lawyers Involved: Muhammad Habibur Rahman, Md. Ayub—For the Appellant. Syed Amjad Hossain, Md. Nowab Alt—For the Respondent......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. ...... AC 515; Muhammad Wall Khan vs. Muhammad Mohiuddin Khan and others 24 CWN 321; Shukrullah and others vs. Mst Zahura Bibi and others AIR 1932 All. 512; Muhammad Syed AH and others vs. Muhammad Sabed Ali and others 10 DLR 447; Farrokh Ahmed vs. Abul Khair and others 6 DLR 365; Aminuddin Munshi vs. ......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. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
.... AC 1; Safdar Ali vs. Crown 5 DLR (FC 107; Major Robert Stuart Wauchope vs. Emperor 38 CWN 187; Osimuddin Sarkar vs. The State 13 DLR 197 PLD 1961 (Dacca) 98; Abdul Bari Sikdar The Crown 7 DLR 457; Md. Hekmatullah vs. The Crown 7 DLR 13; Emperor vs. Anwar Ali AIR 1948 Lah. 27; Lt. Hector Thomas ......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. ...... Judgment June 10, 1970. Cases referred to- Woolmington vs. Director of Public Prosecution 1935 AC 462; Mancini vs. GPP Director of Public Prosecutions 1942 AC 1; Safdar Ali vs. Crown 5 DLR (FC 107; Major Robert Stuart Wauchope vs. Emperor 38 CWN 187; Osimuddin Sarkar ......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)
.... and PW, 1 Sk. Elahi Baksh to be the dead body of Dulal Fakir. On such identification, the investigating Officer PW 13 held inquest and sent it to the morgue for post mortem examination. PW 12 Dr. Md. Mohsin held post mortem on the dead body of Dulal Fakir on 27.7.69 and found four incised wound...... 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. ......sh, a neighbour, to the house of one Babar AM to purchase some property in the name of Dulal Fakir, PW 10 Golam Mostafa and PW 9 Salamat Shaikh went there. An advance of Rs 100.00 as paid to Babar Ali by Parashullah and it as agreed that a deed of transfer would be executed by Babar Ali on the n......ar on his return from the mela, Elahi Baksh accompanied them." PW1 Elahi Baksh also stated that on 8th Sraban 1376 B S Dulaland Parashullah went with him to the house of Babar Ali alias Bagai at 8 pm with money for purchase of land in the name of .Dulal: PW 2 Bano Bibi stated th..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....e case, there will be no order as to costs. Ed. ......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. ......nces of the case, there will be no order as to costs. Ed. ...... of the case, there will be no order as to costs. Ed. ..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. ......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. ......onths and one month shall run consecutively. Ed. ......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. ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....e facts giving rise to this appeal are, that the plaintiff Dr. Rati Ranjan Sen filed the above mentioned suit for ejectment against two persons, namely, Parul Bala Marwari, the defendant No. 1 and Md. Ibrahim the defendant No.2. The subject-matter of the dispute comprises two Municipal Holdings ...... 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. ...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....ris Ali ............Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. ......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. ......nd is, therefore, rejected. Ed. ......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. ..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....oncerned. 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. ...... 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. ......ent: 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 Court of Session to stand trial along with other accused persons..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. ......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. ..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....R (FC) 56. st Sairan vs. State (1970) 22 DLR (SC) 35; Sultan Ahmad vs. Crown (1954) 6 DLR (FC) 28: Fazal Elahi vs. Crown (1953) 5 DLR (FC) 207. Lawyers Involved: M. Golam Rabbani and Md. Nurul Islam, Advocates—For the Appellant. T Talukdar, Advocate—For the State......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. ......e story that there was strained relationship between the deceased and the accused and that there was a quarrel on the night of occurrence the prosecution has examined PW 1 Tamijuddin, PW 2 Mahammad Ali, PW 3 Ibrahim Sk., PW 4 Nurunnabi and PW Gendla @ Abdul Gafur. PW 1 Tamijuddin in his examinat......gment: 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 transportation for life on a conviction under section 302, Pakist..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
.... Vs. Sudhir Kumar Kundu and another……...Opposite Parties Judgment November 16th, 1970. Cases Referred: Md. Sharif vs. Diwan Singh AIR 1940 Lah 95; Ghazan vs. Mt. Bag Bhari, AIR 1932 Lah. 210; Ujir Shei......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. ......eikh vs. Syed All Sheikh and others 16 CrLJ. (Cal) 607, Gourhari Gope vs. Alay Gopini 29 ILR Cal. 724. All these decisions are decisions of the Division Benches. In the case of Ujir Sheikh Vs. Syed Ali and others (supra), their Lordships Mr. Justice Chitty and Mr. Justice Beachcroft have observe......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
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....R 549 PLD 1964 Dac 330; Fakku Mia alias Motahar All vs. The State 10 DLR 26; Srinivas Mall vs King Emperor 51 C.W.N 900. Lawyers Involved: Abdul Aziz with Latifur Rahman—For the Appellant. Md. Modabber Hosain —For the State. Criminal Appeal No. 204 of 1958. Judgment: Abdulla......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. ...... the National Bank of Pakistan, Jessore. During the period between 16.8.64 and 21.8.64 the appellant paid a sum of Rs. 755/ out of aforesaid amount to M/s Md. Abdus Salam (2) Md Hasan AM (3) Md. Eman Ali Sk., (4) Md. Amin and (5) Md. Nurul Huda all of Jessore Collectorate by corrupt or illegal means......………….Appellant Vs The State…………..Respondent Judgment June 5th, 1970. Cases Referred: Sk. Mujibur Rahman & others vs State 15 DLR 549 PLD 1964 Dac 330; Fakku Mia alias Motahar All vs. The State 10 DLR 26; Srinivas Mall vs King Emperor 51 C.W.N 900. Lawyers In..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. ......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. ......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. ......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. ..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. ......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. ......gh Court Division (Civil Revisional Jurisdiction) Present: Nurul Islam J. Suriya Begum and others...........Petitioners Vs. Alimulla Mallik, and others……..Opposite Parties Judgment July 8th, 197......of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan, Karachi 16 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446; Swami Turiananda alias Denesh Chandra Guha Mustafi & another vs. Siris Kumar Sen, 5 DLR 175; Gargi Din Vs. Debi..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. ......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. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....lla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. Idris Khan vs. ......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. ......and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. Idris Khan vs. Haje......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. ......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. ......ip;…………..Respondent Judgment August 13th, 1970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 DLR 712. Lawyers involved: No one- both for the Appellant and Responde......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. ......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. ......raj along with PW 7 Salam and withheld witness Fazlul Huq was coming to their house in village Jainkati at about 10 PM in the night when they noticed that accused-petitioners Idris, Sekendar, Tajem Ali, Abdul Barek and Jalal Ahmed were reaping paddy from the said plot. When PW 2 Serajuddin protes...... Ed. ..Category: Criminal Law | Date: | Hits: 82
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
.... Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers Involved: Md. Nurul Huq and Mohammad Hassan — For the petitioner. AM Khan Chowdhury, Assistant ......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. ......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. ......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. ......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. ......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. ......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
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