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Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....d dismissed; therefore, all the subsequent orders passed in the suit on and from 2-8-1998 were passed illegally and were of no legal consequence. 12. From the orders as noted hereinbefore, it is prima facie clear that the plaintiffs deliberately defied the orders passed by the learned Subordina......issed; therefore, all the subsequent orders passed in the suit on and from 2-8-1998 were passed illegally and were of no legal consequence. 12. From the orders as noted hereinbefore, it is prima facie clear that the plaintiffs deliberately defied the orders passed by the learned Subordinate Jud......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......t of the total income of an assessed. 15. Thirdly, the setting aside, cancellation or annulment of the earlier assessment on the ground of limitation by the Appellate Tribunal appears to be ex-facie bad, illegal and unauthorized. Sub-section (2) of section 83 of the Ordinance requires of the......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......us infirÂmity which has inevitably taken the order of detention out of the ambit of the section. AnÂother ground of challenged urged on behalf of the petitioner is that the order of detention ex facie shows that the detenu was detained simÂply in the interest of public safety and the mainten......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....e of Criminal Procedure. ThereÂafter he submitted charge sheet being No.312 dated 30-8-2000 against the accused person under sections 9(1)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000, since the prima facie case was made out against them. 4. The case ultimately came to the court of the lea......riminal Procedure. ThereÂafter he submitted charge sheet being No.312 dated 30-8-2000 against the accused person under sections 9(1)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000, since the prima facie case was made out against them. 4. The case ultimately came to the court of the learned J......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
.... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......his family, the condemned-petitioner can not be taken to be liable to prove the fact as to how his wife and 3(three) year old daughter met their death by invoking section 106 of the Evidence Act. The onus of proof that it was the condemned-petitioner and none else who killed the wife and daughter wa..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....a case before the Court of Settlement, it is the duty of the court to decide the character of the property, whether abandoned or not. While deciding the character of the property, it may refer to the prima facie title or otherwise of the petitioner. But the question of title can not be conclusively ......ndents as their landladies, paid rent to them and the tenancy agreement was renewed in 1973 and it has been paying rent regularly in their account with the American Express Bank in Dhaka. So it is ex-facie clear that the facts and circumstances of that case are quite distinguishable from those of th...... that of the Tribunal. In support of this submission, he has relied upon the self-same decision reported in 2 MLR (AD) 96 (supra). 23. Mr. Rokon Uddin Mahmud next contends that there is no onus on the Bangladesh Government to prove that the case property is an abandoned property; bat the ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....rough constables, seized the alamats through seizure list, recorded the statements of witnesses under section 161 of the Code of Criminal Procedure, examined the post mortem report and having found prima fade case submitted the charge sheet against the accused persons. 37. In his cross exami......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....he deceased and sent the same to the morgue for post mortem examination. He also seized alamats under proper seizure list and examined witnesses under section 161 of the Code of Criminal Procedure. A prima facie case having been proved he submitted charge sheet for prosecution of 12 accused namely 1......eased and sent the same to the morgue for post mortem examination. He also seized alamats under proper seizure list and examined witnesses under section 161 of the Code of Criminal Procedure. A prima facie case having been proved he submitted charge sheet for prosecution of 12 accused namely 1) Md. ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....€¦..........................................Opposite Party Judgment August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evid............................................Opposite Party Judgment August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence o......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....de of Criminal Procedure, seized alamats as per seizure list, prepared sketch map of the place of occurrence with separate index thereof and after completion of the investiÂgation and having found a prima facie case, the investigating officer submitted charge sheet against the accused persons under......Criminal Procedure, seized alamats as per seizure list, prepared sketch map of the place of occurrence with separate index thereof and after completion of the investiÂgation and having found a prima facie case, the investigating officer submitted charge sheet against the accused persons under secti......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....the doctor for medical examination in Jessore Sadar Hospital. Thereafter, he examined the witnesses and recorded their statement under section 161 of the Code of Criminal Procedure and while a strong prima facie case was made out against the accused persons, he submitted a charge sheet No.13 dated 2......ctor for medical examination in Jessore Sadar Hospital. Thereafter, he examined the witnesses and recorded their statement under section 161 of the Code of Criminal Procedure and while a strong prima facie case was made out against the accused persons, he submitted a charge sheet No.13 dated 20-5-99......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......¾à¦¤à§€à¦ƒà¦¬à¦¿à¦ƒ/কঃপঃ/অধি/৯৩/à§©à§©à§® dated 06.10.04, copy annexed as Annexure-C to the writ petition. 2. Perused the application and heard the learned Advocate. 3. Ex-facie it appears that the respondent No.3 was not qualified for appointment as Principal, since she ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... same in a Audio Cassette. The Investigating Officer also obtained post mortem report of the deceased Mizan and after completion of usual investigation the Investigating Officer (P.W.18) having found prima facie case against the accused persons namely Kala Palash, Sujan, Milon, Lalin, Mithu, Sumon, ......in a Audio Cassette. The Investigating Officer also obtained post mortem report of the deceased Mizan and after completion of usual investigation the Investigating Officer (P.W.18) having found prima facie case against the accused persons namely Kala Palash, Sujan, Milon, Lalin, Mithu, Sumon, Shadhi...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ...... 16 of 1972 came into operation. So, the property was rightly enlisted as abandoned property by operation of law. The learned Counsel adds that the Court of Settlement most erroneously shifted the onus upon the Government to prove that the case property is an abandoned property. In support of hi..Category: Property Law | Date: 6 May, 2007 | Hits: 5
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
.... HCD 238 observation of a Division Bench of the High Court Division is stated thus: "In a sex offence case there is no legal bar in believing the sole testimony of the prosecutrix, nay, she must prima facie be believed, except in a rarest of rare cases where she is found unreliable, the necessi......38 observation of a Division Bench of the High Court Division is stated thus: "In a sex offence case there is no legal bar in believing the sole testimony of the prosecutrix, nay, she must prima facie be believed, except in a rarest of rare cases where she is found unreliable, the necessity of ......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....cused husband and also another inmate of the house on hearing about the occurrence from the neighbours. S.I. Md. Mesbahuddin of Jamalpur Police Station held investigation in the case and having found prima-facie case against the accused husband Md. Abdul Gofur alone, submitted charge sheet against h......husband and also another inmate of the house on hearing about the occurrence from the neighbours. S.I. Md. Mesbahuddin of Jamalpur Police Station held investigation in the case and having found prima-facie case against the accused husband Md. Abdul Gofur alone, submitted charge sheet against him on ......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......binding upon her. He adds that the recipient of the sale deed did not produce the original deed in the Court and the defendant Nos.104-106 claimed that original document was lost. He submits that the onus being upon the plaintiff to show that the plaintiff Fuljan Bibi did not put her LTl's at th..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......roverted or set aside by the appellate court. The appellate court committed gross error of law in not holding that exhibit-1 being a registered kabinnama there is a presumption of genuineness and the onus to disprove the same was squarely upon the plaintiff who failed to discharge the onus and the t..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127