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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. ......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. ......O at a distance of 150 cubits and also saw the kalai crops of the said land in a damaged condition. The petition of complaint was filed 7 days after the occurrence and it was then forwarded to the Police Station for being treated as First Information Report. Thus, the statement of the Investigat..Category: Criminal Law | Date: | Hits: 69
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....ed against him by the Khulna District Council removing him from the office of Chairman of Islamkati Union Council. Thereafter, he made necessary enquiries in the matter and he came to know that the Deputy Commissioner, Khulna by letter dated 22.1.67 directed the Sub-Divisional Officer, Satkhira t......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. ...... Controlling Authority of Union Councils". This letter does not show that an opportunity was given to the petitioner to meet the allegations made against him. The Assistant Advocate General also frankly conceded that no notice was given by the Controlling Authority on the petitio......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. ..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. ...... 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. ......d to the Court of Session to stand trial along with other accused persons already committed. 2. The facts of the case are, that upon an information lodged by opposite party No. 2 Amatu Md., Police investigated the case and submitted charge-sheet on 15.1.67 against twenty-five accused pers..Category: Criminal Law | Date: | Hits: 82
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. ......mijuddin, Abdul Hye, Khoka, etc. came. He further added that he had no doubt that his wife Altafunnessa had committed suicide being unable to bear the severe pain in her stomach. PW 7 Assistant Sub-Inspector Altaf Hossain recorded the statement of accused Kasiruddin Sarkar in the General Diary E......is wife Altafunnessa had committed suicide being unable to bear the severe pain in her stomach. PW 7 Assistant Sub-Inspector Altaf Hossain recorded the statement of accused Kasiruddin Sarkar in the General Diary Ext. 1, obtained his signature under the said statement and proceeded to the house o......tan Penal Code. 2. The case for the prosecution, briefly stated, is as 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 pre..Category: Criminal Law | Date: | Hits: 124
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....on Case No. 481 of 1969. Judgment: 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......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. ......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. ......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
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....ents. 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 and the order dated 18.7.70 (Annexure T') passed by the De......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. ......Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965 (SC); Lawyers Involved: DC Bhattacharjee and SS Haider. Advocates — For the Petitioners. Ruhul Islam, Attorney-General, AM Khan Chowdhury and Mr. Khan Advocates — For the Respondents 3-12. Tofail ......anj passed the impugned order dated 18.7.70 as quoted earlier, Annexure-P1. The added-respondents further pointed out that after detailed enquiry through Circle Officer, Bhola the Superintendent of Police by his order dated 29.11.68 directed the Officer-in-Charge, Bhola police station to maintai..Category: Property Law | Date: | Hits: 81
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. ......2. The facts giving rise to this appeal may be stated as follows- "The defendant required repairs of coastal embankment by Tarja matting at Ujantia, Maghnama, Koroiardia within Police Station Chakaria under Cox's Bazar WAPDA Division”. 3. The rate of the pl..Category: Others | Date: | Hits: 98
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. ......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. ......xt. 1(1), was filed on 7.6.66 in the court of the Sub-Divisional Magistrate. This appears to have been 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 ..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. ......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. ......s from the police case which was started by accused-petitioner Tajem Ali by lodging a FIR, over the same occurrence at 12 in the midnight on 3.9.66 i.e., within two hours after the occurrence. The Police submitted chargesheet in favour of the accused-petitioners. 4. The learned Advocate,..Category: Criminal Law | Date: | Hits: 82
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. ......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. ......Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers Involved: Md. Nurul Huq and Mohammad Hassan — For the petitioner. AM Khan Chowdhury, Assistant Advocate General—For the Respondent. Petition Nos. 527 and 530 of 1963. Judgment: ......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
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... 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. ...... 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. ...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 69
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. ......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. ..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
.... conviction under sections 302/109 PPC without a formal charge cannot be maintained. In view of the argument advanced by the learned advocate necessity was felt to call upon the learned Deputy Legal Remembrancer to render us assistance on this......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. ......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. ...... On receipt of the said information PWs 3, 4, 8, 9 and 10 went to the house of Tofa Mohammad and found Jahiruddin lying dead. PW 3 having suspected some foul play sent a written information to the Police Station on the basis of which a GD entry was made and an UD (unnatural death) case was regis..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....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. AW Mallik—For the Condem......asin Sheik. The First Information Report of the case was lodged by PW 1 Rahimuddin Sarkar, a neighbour of Yasin Sheik on the same day at about 4.30 PM which was recorded by PW 6 Mr Murtaza Ali, Sub-Inspector of Police attached to Kaligonj Police Station who was in charge of the thana at that time......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. ......he First Information Report of the case was lodged by PW 1 Rahimuddin Sarkar, a neighbour of Yasin Sheik on the same day at about 4.30 PM which was recorded by PW 6 Mr Murtaza Ali, Sub-Inspector of Police attached to Kaligonj Police Station who was in charge of the thana at that time, on the ver..Category: Criminal Law | Date: | Hits: 154
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. ......ew, therefore, these judgments and decrees in the civil suit should not stand in the way to get relief in this matter. 13. Mr. Majibur Rahman Khan, the learned Assistant Attorney-General has argued that no Second Appeal or Revision was filed against this judgment of the Court o......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. ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....the Authority who derived the authority from the listing of duties given in Organisation Chart and Job description of the said authority. The relevant portion of the duties, inter alia, of the Senior Deputy Director of Ports and Traffic of the Authority as annexed to the additional affidavit-in-oppo...... 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. ...... 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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....ompany to replace them. 6. The petitioners then came to know of the impugned notification dated 23-10-96 issued by respondent No. 1 Bangladesh Bank under the signature of respondent No. 3-Deputy Governor thereof revoking the notification dated 28-5-95 granting the directors nominated by......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 106
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....f title as also for a declaration that the notice of the said defendant is illegal and not binding. 3. Defendant No.1 Zilla Parishad, Chittagong and defendant No.2, Bangladesh, represented by the Deputy Commissioner, Chittagong filed two separate written statements but defendant No.2 did not con....... 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. ....... 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. ..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....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. ......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. ......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. ......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. ..Category: Property Law | Date: | Hits: 72