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Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......the wife of the lessee, appeared before the concerned authorities on a few occasions. 9. On perusal of the documents filed by the writ petitioner‑respondents, it appears to us that onus of making out a case that the case property was not abandoned property has been fairly discharg..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....uire into the case and submit the report within 7 days. The learned Magistrate, 1st Class, in the course of enquiry examined seven witnesses including the victim complainant and having found a strong prima facie case against the accused persons, submitted the enquiry report on 31-5-2004, The Tribuna......nto the case and submit the report within 7 days. The learned Magistrate, 1st Class, in the course of enquiry examined seven witnesses including the victim complainant and having found a strong prima facie case against the accused persons, submitted the enquiry report on 31-5-2004, The Tribunal by h......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......that the prosecution has to prove the case beyond all reasonable doubt and the task of proving the allegation against the petitioner squarely lies upon the prosecution and it does not shift till that onus is discharged. 28. In the instant case from the evidence of 9 witnesses and the submission..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......etter dated 17-12‑2003 issued by the respondent No.3 cancelling the licence of the petitioner and thereby removed his name from the Notary register. It is contended that the cancellation is ex facie arbitrary, discriminatory and malafide. The petitioner also filed an application to review the......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....itions. 5. In support of the petitions Mr. Faisal H Khan, learned Assistant Attorney-General, submits, inter alia, that on plain reading of the first information report and the charge-sheet strong prima facie case being disclosed the High Court Division committed error in quashing the proceedin....... 5. In support of the petitions Mr. Faisal H Khan, learned Assistant Attorney-General, submits, inter alia, that on plain reading of the first information report and the charge-sheet strong prima facie case being disclosed the High Court Division committed error in quashing the proceeding. ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....er argued that the ingredients of section 415 of the Penal Code are attracted in the instant case and as such the proceeding cannot be quashed. 6. Having gone through the F.I.R. which disclosed a prima facie case and in that view of the matter the judgment of the High Court Division is liable to......ued that the ingredients of section 415 of the Penal Code are attracted in the instant case and as such the proceeding cannot be quashed. 6. Having gone through the F.I.R. which disclosed a prima facie case and in that view of the matter the judgment of the High Court Division is liable to be se......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......ror of the court or tribunal of first instance, even if an appeal to another inferior court or tribunal was available and recourse was not had to it or if recourse was had to it, it confirmed what ex facie was a nullity." 9. In view of the above we hold that this court can in exercise of the powe......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......ee-applicant and it is admitted that ten letters out of the twelve letters have duly been served upon the remitters who proved that the remitters were not fictitious persons and, as such, the initial onus of burden of proof of the assessee-applicant is discharged. But the Department without investig..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....parate index, recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and seized one iron fala, one piece of brick, some paddy and documents of the land and finding prima facie case submitted charge-sheet No.33 dated 1‑7‑1983 against the 17 accused persons. ...... index, recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and seized one iron fala, one piece of brick, some paddy and documents of the land and finding prima facie case submitted charge-sheet No.33 dated 1‑7‑1983 against the 17 accused persons. 4. A......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
.... Ali and Nurul Amin and one of them, accused Mahbub, made an inculpatory confessional statement under section 164 of the Code of Criminal Procedure implicating himself and other accused persons and a prima facie charge of criminal conspiracy and murder with common intention having been made out duri......nd Nurul Amin and one of them, accused Mahbub, made an inculpatory confessional statement under section 164 of the Code of Criminal Procedure implicating himself and other accused persons and a prima facie charge of criminal conspiracy and murder with common intention having been made out during inv......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ...... 21. In the said unreported case this Bench had also placed its reliance upon the case of Magu Barma Vs. Bholi Dass and others, reported in AIR 1914 Cal 331 where their Lordships held that "the onus of showing that the subsequent registered transferee had notice of the prior unregistered docum..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....xhibited the seized alamat and also exhibited seizure list as Exhibit 3 which bears his signature as Exhibit 3/1. He also stated in his evidence that after thorough investigation of the case he found prima facie case against the accused-persons and submitted charge‑sheet being No.164 dated 7â......ed the seized alamat and also exhibited seizure list as Exhibit 3 which bears his signature as Exhibit 3/1. He also stated in his evidence that after thorough investigation of the case he found prima facie case against the accused-persons and submitted charge‑sheet being No.164 dated 7‑8‑......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....ties. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. It appears that the plaintiff has discharged the primary onus to prove the genuineness of the disputed agreement. The Court may at any stage of the s...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......trial Court found the agreement in question to be a forged one. The defendant pleaded a case of fraud and forgery which was not proved by evidence. In cases of fraud, collusion or undue influence the onus is on the party who alleges it as such to prove the allegation. There is a presumption of good ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....uch as when decision was taken at the highest level of the administration the trial Court was not required to go further and sit on judgment on the decision of the Government and such decision itself prima facie supplies good ground for according consent to withdrawal of a criminal case. The learned...... when decision was taken at the highest level of the administration the trial Court was not required to go further and sit on judgment on the decision of the Government and such decision itself prima facie supplies good ground for according consent to withdrawal of a criminal case. The learned Advoc......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... has also established the fact that defendant No. 2 had the knowledge of the agreement for sale between the plaintiffs and the defendant No. 1 and as the defendant No. 2 has not discharged the onus that was upon him i.e. has not established that he had no knowledge about the contract for sal..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....pany, which paid entire consultancy fees when there was no fund for the consultant. We do not know why the company would pay the consultancy fee. We find the first information report disclosed direct prima facie case against the accused petitioners. Moreover, this is a case where an officer, who is ......curs more than once in the same Act, must be given the same meaning throughout the Act, unless a special definition of the term or the requirement of a context leads to the contrary conclusion. Prima facie, therefore, the word "person" in section 415, Penal Code, should be held to cover &q......rmation report by Bureau of Anti Corruption and by ordinary informant. Bureau of Anti Corruption lodged first information report on examining papers finding the involvement of the accused therein and onus lies on the accused to explain his conduct. Just like wife's/husband's killing case whe..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
....03 and 4-1‑2004 sent the case record to the learned Chief Metropolitan Magistrate, Dhaka on 15‑1‑04 stating that the allegations under sections 220, 116, 167, 500 and 501 of the Penal Code were prima facie proved against the accused persons namely, the respondent Nos.5 and 6. The Chief Metropo...... 4-1‑2004 sent the case record to the learned Chief Metropolitan Magistrate, Dhaka on 15‑1‑04 stating that the allegations under sections 220, 116, 167, 500 and 501 of the Penal Code were prima facie proved against the accused persons namely, the respondent Nos.5 and 6. The Chief Metropolitan ......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
....o.XVIII of 1891)
30. Section 4 of the Act provides,
"Subject to the provision of this Act, a certified copy of any entry in a bankers book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matter......I of 1891)
30. Section 4 of the Act provides,
"Subject to the provision of this Act, a certified copy of any entry in a bankers book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, tra......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......titive against his competitor, the same has conferred a good title against all except the real owner and since the defendant No.1 has proved by evidence that he is in possession of the suit land. The onus of proof was shifted upon the plaintiff to prove that he was inducted by her as her tenant or w..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....o allegation against him. There is no allegation of causing hurt by the accused husband to the informant wife at the instigation of this petitioner. The first information report does not disclose any prima facie case under sections 11(kha)/30 of the Ain against this petitioner. Therefore, the procee......gation against him. There is no allegation of causing hurt by the accused husband to the informant wife at the instigation of this petitioner. The first information report does not disclose any prima facie case under sections 11(kha)/30 of the Ain against this petitioner. Therefore, the proceeding a...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
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