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Golam Kader Vs. State, 1972, 1 CLC (HCD)
....uld not be made under pressure and that PW 4 resiled from her earlier statement with a view to shielding the accused. This line of reasoning, in our opinion, was not in accordance with the correct principles applicable to the evaluation of the evidence in this case. In the case of State vs. Umed......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. ......lip;..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 Respondent. Appeal No. 174 of 1..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. ......p; August 21st, 1970. Cases Referred to- Emperor Vs. CA Mathews, AIR 1929 Cal. 822. Lawyers Involved: Abdur Rasheed with ATM Afzal — For the Petitioners. Not repre..Category: Criminal Law | Date: | Hits: 82
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. ...... 1937 Cal. 526; Tannoch (Pauper) appellant vs. Brownieside Coal Company Limted respondent 1929 AC 642; Tannoch (Pauper) appellant vs. Brownieside Coal Company Limted respondent 1929 AC 642; Lawyers Involved: M A Aziz - For the Appellant. Abdus Subhan — For the Respond..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....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. ......Cases Referred To: 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 Kh..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....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. ......58; 18 CWN 428 (PC) and 29 CWN 1037 (PC); Must. Bhagwanu Kunwar and another vs Mohan Singh 29 CWN 1037 (PC); Bhagoji vs Bapuji ILR 13 Bom. 75; Negeshwar Baksh Singh vs Ganesha 47 IAS. Lawyers Involvrd: Moinul Huq—For the Appellant. Haradhan Sarkar&mda..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... 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. ......r Khaleque Newaz Khan Chowdhury and others vs Maulvi Chowdhury Habibuddin Ahmed Siddique 46 CWN 817; Aposh Ali on behalf of Sailendra Nath Chakraborty vs. Amjad Ali Bhuiya 10 DLR Dacca, 248, Lawyers Involved: A Matin Khan Chowdhury—For the Appellants Abdur Rab (1)&mdash..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. ......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. ......bsp; Vs. Probhat Chandra Majumder.........Opposite Party Judgment August 21st, 1972. Lawyers Involved: A. Wahab—For the Petitioners. Humayun Habibur Rasul —F..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....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. ......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. ....... Shiraj Ali.................................... (Condemned Prisoner) Judgment January 26, 1971. Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 Lahore 474, PLD 1960 Lahore 111. Lawyers Involved: A Talukdar with Daliluddin Ahmed—For Condemned Prisoner. AW Mallik with Mu..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. ......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. ...... Khatun and others........Respondents Judgment May 6th, 1970. Cases Refered to- Ali Dewan and another vs. Akram AH Prodania and another 17 DLR 343; 41 CWN 257 (PC); AIR 1948 (PC) 168. Lawyers Involved: MA Rouf —for the Appellants. Not Represented—the Respondents. Appea..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....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. ...... Cases Referred to- State vs Abed All 14 DLR 701; Jananedra Chandra Ghattak vs. The King Emperor 34 CWN 198; Indur Chand vs. Emperor ILR 42 Cal 1094; Emperor vs Mahbir Prasad ILR 49. Lawyers Involved: Md. Moktar Hossain—For the Appellants. Shah Harmutullah&mdas..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ......bsp; Vs Province of East Pakistan represented through the Chief Secretary Government of East Pakistan .......Respondents Judgment November 21st, 1969. Lawyers Involved: Khondker Mahbubuddin Ahmed—For the Petitioner. Anwarul Hoque ..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....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. ......athura Nath Ghosal vs Ratneswer Sen (1914) 231C 917; Ahhoya Charan Lata Baidya vs Srimati Kamani Probha Nag in 53 1C 188; Faruzuddin Mondal vs. Tahirannessa Bibi and ors. 15 DLR Dacca, 214. Lawyers Involved: Farid Ahmed, Advocate—For the Appellants. Mahmudul Islam for ..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. ......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. ......andra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown, reported in 1954 PDL (Lah) 69; Quine vs Leatham, reported in (7907; A.C. 495, at page 506. Lawyers Involved: ATM Masud, Deputy Legal Remembrancer with Md Batin—For the State. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....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 ......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:...... Ahmed vs. Prafulla Kumar Dey and others 13 DLR 70, Bharat Bhandhu Chattopadhya vs. Ranendra Kumar Dutta and others 70 CLJ 370; Halimunnessa vs. Hemendra Kumar Roy Chowdhury and others 12 DLR 448. Lawyers Involved: M H Khandker, Salauddin Ahmed. B K Das-For the Petitioner. Ahmed Sobhan. Md...Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ...... Muksum ul- Hakim J. Fazle Munim J. Hasina Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacca and others ............Respondents..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ......ddin Hossain J Pak Waterways..........................Petitioner Vs. EPIWTA and others.................Respondents Judgment March 2, 1970. Result: This application fails. Lawyers Involved: Kh. Mahbubuddin Ahmed with Pathan Shafiqur Rahman—For the Petitioner. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......ature that directors of capital-generating institutions should not be allowed to flock together in a financial institution to control and monopolize the capital market……..(15) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Sharifuddin Chaklader A..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ...... represent their companies’ share holdings. It applies to all, whether they are individuals or nominees of a bank, insurance or financial institutions………(22) Lawyers Involved: Dr. M. Zahir Senior Advocate, instructed by Sharifuddin Chaklader Advocat..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......ase of possession but not of title. When they are in possession claiming raiyati settlement they cannot set up adverse possession either. They are not entitled to a declaration of title…….(5) Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Shar Chaklader, Advocate-on-Recor..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
.... 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. ...... Cases Referred to- Union of India vs. Ram Charan, AIR 1964 SC 215, Chowdhury Saifuddin Ahmed vs. Shamsuddin and others, 40 DLR 10, Azimomiessa vs. Rup Gazi and others, 39 DLR 6. Lawyers Involved: Md. Abdul Hannan Senior Advocate, instructed by Md. Ataul Huq, Advocate-o..Category: Property Law | Date: | Hits: 72
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