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Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....he Appellant. M Shamsul Alam, Deputy-Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record —For the Respondent. Criminal Appeal No. 3 of 1995 (From the judgment and order dated 4 April 1995 passed by the High Court Division in Criminal Revision No. 291 of 1991). Judg......t the High Court Division was of the view that under sections 6 and 7 of the new Act, the provision of revival has been saved and so the prayer for retrial was irrelevant. 10. The fallacy of this decision is that (i) the appellants in that case had no absolute or vested right of release. Their r..Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ate with him) instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent No.1 (In both the Appeals). Civil Appeal Nos. 14 and 15 of 1994. (From the judgment and order dated 2.8.93 passed by the High Court Division in First Appeal Nos. 181 of 1990 and 30 of 1992). ......ts, circumstances and evidence in the case properly, keeping in view the definition of “abandoned property” as in President’s Order No. 16 of 1972, which resulted in an erroneous decision causing a miscarriage of justice. Further contention on which leave has been granted is th..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... Dasrath. Amir died leaving his widow Khoshbi and one son as heirs. This son also died leaving his mother Khoshbi and uncle Dasrath. Thereafter Khoshbi sold her share to defendant No. 1 by a kabala dated 31st 'Jaistha' 1333 BS. Subsequently, on 10th 'Chaitra’ 1342 BS. Dasrath exchanged his......and plots in these properties. In respect of the 'Ja' schedule, he did not offer any specific claim. As already pointed out, the land of this schedule along with 'Jha' schedule was kept outside the decision of the suit, as all the parties were not on record in respect of them. 5. The defe..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
.... Bibi, wife of Ali Ahmed appeared on the scene and on her surety both Omar Ali and Mofijuddin were released on a promise of payment of Rs 20.00 on the following Saturday. The occurrence of the said date was alleged to have been witnessed by Mominullah, Hossain Khan, Anjumannessa Bibi and others. ......risoner killed the deceased with the malicious intention, the prosecution has not made out the case and the prisoner is entitled to an acquittal." It has been pointed out in many decisions of our country that the law as laid down in the aforementioned House of Lords' case is in..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....he accused appellant has argued that the Magistrate who recorded the confessional statement did not tell the accused that he would not be sent back to the police custody. It appears from the order dated 26.7.61? in the order sheet of the enquiring Court that the accused was produced before the S......d that the court may act upon the extra-judicial confession only when the prosecution has been able to prove it by evidence of the most reliable character. In support of this argument he cited the decisions in the case of Emperor vs. Mt Jagia (AIR 1938, Patna, 308 and in the case of Haji Yar Muh..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....ion 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 decreed the suit of the plaintiffs. T......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 decreed the suit of the plaintiffs. Thereafter the instant seco..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. ......aused to one of the victims no separate sentence could be passed for causing the hurt as such an order would be contrary to the provisions of section 71 of the Pakistan Penal Code. In another decision in the of case MFN Rewail vs. The State 8 DLR Dhaka 589, it has been held that if one of ..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....nbsp; 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 the decision of the learned Mu......tiffs 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 the decision of the learned Munsif, 1st Court, Sadar, Chittagong, dated the 16th April, 1963 in Other S..Category: Property Law | Date: | Hits: 71
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....ving the petitioner from the office of Chairman of Islamkati Union Council under Article 25 (3) (b) of the Basic Democracies Order, 1959 as well as an order of the Sub-Divisional Officer, Satkhira dated 3.1.1968 directing the petitioner to make over charge of his office to the Circle Officer (De......rom a perusal of the records and scrutiny of the matter it appears to us that this point has considerable substance. The Controlling Authority by his letter dated 8.1.68 disclosed that he based his decision entirely on a report from the Deputy Commissioner, Khulna, to whom he made the request for..Category: Others | Date: | Hits: 92
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....petitioner, with regard to whom he passed an order under sub-section (1) of section 209 of the Code of Criminal Procedure mentioning the word "discharged". It appears from the order sheet dated 10.1.70 that actually the learned Magistrate had used the word "acquitted" therein ......cted and in the circumstances the order of discharge under section 209 CrPC was not an order of acquittal. Mr. ATM Afzal has tried to support his argument on the second point with reference to the decisions in the cases of Panchanan Sarkar vs. Emperor, AIR 1930 Cal. 666; Lakshminarayan and other..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....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 Miscellaneous Appeal No. 89 of ...... an elaborate discussions of the evidence on records that the application was barred by limitation inasmuch as the story of first knowledge of the sale under pre-emption was a myth. As against this decision of the learned Munsif, the pre-emptor and the applicants jointly preferred Miscellaneous ..Category: Property Law | Date: | Hits: 47
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
.... 2. In this case the two opposite-parties were convicted and sentenced under section 448 of the Pakistan Penal Code by Mr. MU Chowdhury, Magistrate, 1st Class, Patuakhali on 26.11.68. On that very date, the complainant filed an application before the said Magistrate under section 522 of the Crim...... the Criminal Procedure Code and that, therefore, the order passed by the Additional Sessions Judge is illegal and without jurisdiction. In support of his contention, he has cited two Single Bench decisions of the Lahore High Court, namely, Mohammad Sharif vs. Diwan Singh AIR 1940 Lah. 95 and Gh..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....p; Nurul Islam J.- In this application under 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 ......of 1969 by which the petitioner's prayer for temporary injunction till the disposal of the Other Class Suit No 357 of 1969 of the Second Court of Munsif at Jhenidah was refused after reversing the decision of the learned Munsif. 2. The petitioner filed the aforementioned suit praying for ..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....se he cannot impute any criminal intention. The trial Court had drawn adverse presumption against the appellant by stating that he made over charge on 16.8.64 but disposed of the amounts between that date and 21.8.64. The defence case, on the other hand, was that the appellant continued to remain in...... each case. The usual criteria applied are questions relating to the proximity of time, place, and the continuity of action and community of purpose. Reference may, in this connection, be made to the decision in the case of Fakku Mia alias Motahar All vs. The State 10 DLR 26. Can it be said that the..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....es out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 1967 passed by the learned Munsif, 4th Court, Narayanganj refusing to stay ......llowed to have the relied and in this view of the matter they are entitled to get the proceedings of the Money Suit stayed till the disposal of the Title Appeal which has been preferred against the decision in Title Suit in question. In this regard, the learned Advocate refers to me to the decisi..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....x's Bazar WAPDA Division”. 3. The rate of the plaintiff who was a registered contractor was accepted and the works were allotted to him and detailed work order Nos. 41, 42 and 43 dated 3.12.1960 was issued to the plaintiff. In the said work order, the works and the accepted ra......ficulty in accepting the bill then the same may be referred to a competent authority for an arbitration. A copy of this letter was sent to the Project Director for necessary action and to come to a decision at an early date. On 1.11.61 the Project Director by his memo No. 6117 wrote to the Execu..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
.... SMA Latif—For the Opposite Party No.1. Civil Rule No. 1324 of 1966. Judgment: T H Khan J.- This Rule is directed against an order dated 20th August, 1966 passed by the learned Munsif, 2nd Court, Narail, district Jessore setting a......Procedure; Nevertheless, it was observed therein that when the Court is satisfied that fraud was practised upon the Court it can interfere in exercise of its inherent jurisdiction. The two Calcutta decisions referred to above and some other decisions were also considered by a Single Bench of this..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....een written by Muktear's clerk and countersigned by Muktear. This was forwarded to the Monirampur Police Station for investigation and report treating this petition of complaint as FIR by an order dated 7.6.66 passed on the body of the petitioner. Thereafter the police investigated the case and ...... to have been relied upon by the learned Sessions Judge also show that both accused Golam Kader and Sharifunnessa lived as husband and wife. Now, following the guidelines given in the Federal Court decision and also in the High Court decision referred to above, if the statements of PWs 2, 3, 8 an..Category: Criminal Law | Date: | Hits: 59
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....n — For the Respondents Appeal from original order No. 25 of 1968. (Appeal against the order of Mr. MH Rahman, District Judge and Commissioner, Workmen's Compensation, Dacca, dated the 19th day of June, 1967 in Workmen Miscellaneous Case No. 55 of 1966). Judgment: ......obvious from the context of the legislation itself. This view of ours finds support from the case of Tannoch (Pauper) appellant vs. Brownieside Coal Company Limted respondent 1929 AC 642. This is a decision of the House of Lords wherein section 9 sub-section (4) of the Workmen's Compensation Act..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....in respect of which the petitioner was assessed to tax under the Act on 30.5.61 and 20.6.62 respectively. The notices under section 11 of the Act that preceded the impugned orders of assessment are dated the 31.5.61 and 20.6.62 respectively. On appeal by the petitioner the Income Tax Appellate T......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
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