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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. ......nts, as to the maintainability of the second appeal in view of the fact that it stands abated as against the heirs and legal representatives of the defendants respondents Nos. 3, 10 and 11, as per order of this Court, dated 20.4.64. On this point Mr. Salam submits that in the event of success in......ent April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kumar Das and others 6 DLR 215; Syed Moin Ahmed vs. Khondkar Mohiuddin, 19 DLR 912; Arabjan Bibi vs. Abdul Kader and others 19 DLR 745; Ku......and of the patta in 1947 resulting in a criminal case under sections 143 and 447 of the Pakistan Penal Code and that two accused persons in the said criminal case including defendant No. 1 were summoned but a solenama disclaiming all interests in the said land was filed by the said two accused p..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. ......or the Petitioners. Not represented- State. Criminal Revision Case No. 152 of 1969. Judgment: A Quasim J.- This Rule is directed against an order of conviction and sentence under sections 147, 323 and 324 of the Pakistan Penal Code. ......nt of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ...... Ed. ..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. ......gment: 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...... Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: Nuruddin Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; ...... Court, Sadar, Chittagong, dated the 16th April, 1963 in Other Suit No. 138 of 1961. 2. The 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..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ndivided family has ceased to exist as such and the agricultural income is being enjoyed separately by the members or groups of the members of such family in definite shares, he shall record an order to that effect: Provided that no such order shall be recorded until notices of the...... 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ...... others...........Applicants Vs. Commissioner of Taxation, East Pak. Dacca (now Director of Taxation, E. Pak. Dacca) ..........Respondents ..Category: Fiscal/Taxation Law | Date: | Hits: 98
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. ......for defect of parties and properties? 3. Is the plaintiff entitled to partition? If so, for what share? 8. It appears from the record that the learned Subordinate Judge by his order No. 34 dated 20th September, 1961 recorded the following orders: "20.9.61. ......sp; Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involved: Nasiruddin Chowdhury — For the Appellant. Habibur Rahman — For the Respondents. ...... 2 and Syeda Rahiman Nessa the defendant No. 3 were the issues by the first wife who pre-deceased Syed Modh. Idris Ali. Syeda Akhterun Nessa was the second wife and by her, Syed Idris Ali had only one daughter named Amatun Nessa. The youngest wife was Badrun Nessa and by her Syed Mohd. Idris had..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ...... the Khulna District Council on 23.1.1968 removing 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 ......l effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ...... Special Original Jurisdiction Presents: Maksum-ul-Hakim J Fazle Munim J Rabiul Hossain... ............Petitioner Vs. Chairman, ..Category: Others | Date: | Hits: 92
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. ......TM Afzal — For the Opposite Party No.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 Huss...... committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ...... ..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. ......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 Miscellaneous Appeal No. ......ourt High Court Division (Civil Revisional Jurisdiction) Present: TH Khan J Bijon Bala Chowdhurani & others..............Petitioners Vs. Maniruddin Biswas & others.........Opposite Parties Judgment June 11th, 1970. Cas......sts. Ed. ..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. ......she had inherited from her brother. In the night before the occurrence, the accused had a quarrel with the deceased. In the morning, the accused lodged a false information at the police station in order to save himself from the charge of murder. The accused had himself murdered Altafunnessa and ......ge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......s follows: On 22nd Bhadra, 1372 BS corresponding to 8th September, 1965 accused Kasiruddin Sarkar informed the Gaibandha Police at 7 AM to the effect that his third wife deceased Altafunnessa had gone to sleep in the previous night with him at about 11-00 PM after taking food. His said wife used..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 pass......round for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ...... Ed. ..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. ......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 Miscella...... 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 Subor......ditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....lable. The word "abuse" in this connection also presupposes that the position held by the public servant is used in a perverse manner and not in a normal way. It also indicates in essence that the publish servant concerned moves in the matter unfairly in order to obtain either for himself or for......Abdul Aziz appearing on behalf of the Appellant contended that the trial of the accused in this case was vitiated by misjoinder of charges and further that the charges, as framed, were misleading. In order to examine the validity of the contentions raised reference has to be made to the charges, nam......o 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. ......m under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in default, to suffer rigorous imprisonment for one and a half month more. 2. The prosecution case is that while the appellant was serving as the..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. ......s 3-12. Tofail Ahmed — For the added respondents. Petition No. 310 of 1970. Judgment Maksum-ul-Hakim J: The five petitioners have challenged the validity of the order dated 8.5.68 (Annexure-T) passed by the Additional Deputy Commissioner (Revenue), Bakarganj ...... 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. ......e arises 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......ers……..Opposite Parties Judgment July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan, Karachi 16 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choud......s disposed of. Ed. ..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. ......Station Chakaria under Cox'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 w...... Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970. Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 ......nbsp; 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 appeal may be stated as follows- ..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. ......ioner. 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 set...... Mofazzal Molla 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. I...... 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. ......the Appellant and Respondent. Appeal No. 174 of 1968. Judgment: TH Khan J: This appeal from the jail by the accused Golam Kader is directed against the order of conviction and sentence passed on 29 February 1968 under section 366 of the Pakistan Penal......s hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......dgment 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 1968. Judgment: ..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. ......; Habibur Rahman J.- This Rule is directed against the judgment passed by Mr. MS Rahman, Additional Sessions Judge, 2nd Court, Bakerganj-Patuakhali upholding the order passed by Mr. MU Chowdhury, Magistrate, 1st Class, and Patuakhali convicting the accused-peti......and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......ision Criminal Revisional Jurisdiction Present: Habibur Rahman J. Syed Idris alias Idris Mir and others................ Petitioners Vs. State…......................Opposite Party Judgment &n..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. ....... Brownieside Coal Company Limted respondent 1929 AC 642; Lawyers Involved: M A Aziz - For the Appellant. Abdus Subhan — For the Respondents Appeal from original order No. 25 of 1968. (Appeal against the order of Mr. MH Rahman, District Judge and Commis...... Vs. Chairman EPRTC.... ............Respondents Judgment March 24th, 1970. Cases Involved: Muslim Cotton Mills (Pakistan Industrial Development Corporation vs. Din Islam 11 DLR 165; Agent, East Indian Railway vs. Maurice Cecil Ryan, AIR 1937 Cal. 526; Tannoch......For the Appellant. Abdus Subhan — 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 Cas..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....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. .......7.54 to 30.6.55. A notice was issued upon the petitioner under section 11 of the Business Profits Tax Act, 1947 (Act No XXI of 1947), hereinafter called the Act, on 26.6.62 and on the same day an order of assessment was made. The petitioner having felt aggrieved by the order went up to the Inco......thority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......preme Court High Court Division (Special Original Jurisdiction) Present: Salahuddin Ahmed J A Hye Choudhury J Daulatpur Jute Mills Ltd.........Petitioner &nbs..Category: Fiscal/Taxation Law | Date: | Hits: 106