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Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....s before the medical officer for holding medical test to ascertain the allegation of rape, seized alamats and finally, submitted a charge-sheet against the accused appellant and three others, since prima facie case was made out against them under sections 6(1)/14, of the said Ain. 4. The case r......re the medical officer for holding medical test to ascertain the allegation of rape, seized alamats and finally, submitted a charge-sheet against the accused appellant and three others, since prima facie case was made out against them under sections 6(1)/14, of the said Ain. 4. The case record ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
.... its execution the executing court can examine relevant materials to find out whether statutory grounds for eviction existed in law. If the pleadings and other materials on the record make out a prima facie case about the existence of statutory grounds for eviction a compromise decree......xecution the executing court can examine relevant materials to find out whether statutory grounds for eviction existed in law. If the pleadings and other materials on the record make out a prima facie case about the existence of statutory grounds for eviction a compromise decree canno......y;puted this contention of the contemners. Now, there is no dispute in the legal arena that the contempt proceeding is a quasi criminal proceeding and like any other criminal proceeding the onus is on the petitioner to prove the commission of the offence and like any other criminal proceed..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....the accused respondents in the act of murder. Lastly, he submits that the learned Judges of the High Court Division mechanically passed the impugned order without considering the prima facie case as made out in the first information report and statements of witnesses under secti......cused respondents in the act of murder. Lastly, he submits that the learned Judges of the High Court Division mechanically passed the impugned order without considering the prima facie case as made out in the first information report and statements of witnesses under sections 16......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....etermine the same, but the situation is otherwise when only one applicant with priority over the pre‑emptor seeks for pre‑empting the case holding. 12. In the instant case, prima facie, upon assertion of the applicant‑petitioner that he is the co-sharer by inh......ne the same, but the situation is otherwise when only one applicant with priority over the pre‑emptor seeks for pre‑empting the case holding. 12. In the instant case, prima facie, upon assertion of the applicant‑petitioner that he is the co-sharer by inheritan......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....g, that unless there is a clear indication from the wording of the statute it is not to receive a construction retrospective in effect. The cardinal principle of construction is that every statute is prima facie prospective unless it is expressly, or by necessary implication, given a retrospective e......t unless there is a clear indication from the wording of the statute it is not to receive a construction retrospective in effect. The cardinal principle of construction is that every statute is prima facie prospective unless it is expressly, or by necessary implication, given a retrospective effect.......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......torney General, opposing the petitions, on the other hand, submits that this is a case of custodial death, death of the victim caused while she was in the custody of the accused, and therefore, the onus lies on them to explain the circumstances leading to her death but in the instant case the ex..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
....ves rise to the question, whether substitution of one provision of an enactment‑by another, would amount to repeal of the provision. It is a cardinal principle of construction that every statute is prima facie prospective and not retrospective. In Ms Kohinoor Mercantile Corporation vs. Hazera Khat......se to the question, whether substitution of one provision of an enactment‑by another, would amount to repeal of the provision. It is a cardinal principle of construction that every statute is prima facie prospective and not retrospective. In Ms Kohinoor Mercantile Corporation vs. Hazera Khatun 14 ......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
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Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... 3. The High Court Division while issuing the Rule stayed the order of suspension. The respondent Nos. 8, 10 and 15 filed an application vacating the order of stay stating primarily that 1 commissioners out of 12 commissioners of h Pourashava have passed resolution for th...... of whether it is prejudicial to the interest of the Union Parishad and upon forming such opinion it is to be expressed and the order of suspension is to be passed and the order of suspension must ex facie show that the prescribed Authority formed his opinion to make the order of suspension and in m...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....t appears to us that the public prosecutor opened the case before the trial Court and the Additional Metropolitan Sessions Judge on consideration of the submissions of both have been sides found a prima facie case and passed the impugned order. Therefore, no question of not applying judicial min......ars to us that the public prosecutor opened the case before the trial Court and the Additional Metropolitan Sessions Judge on consideration of the submissions of both have been sides found a prima facie case and passed the impugned order. Therefore, no question of not applying judicial mind by t......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....at the ground floor and accused Major Shariar and Captain Majid fired shots at them whereupon they fell down on the floor. Subsequently the appellant along with Major Pasha fired shots, there is no prima facie case of any overt act has been made out against the appellant. 5. Though the r...... ground floor and accused Major Shariar and Captain Majid fired shots at them whereupon they fell down on the floor. Subsequently the appellant along with Major Pasha fired shots, there is no prima facie case of any overt act has been made out against the appellant. 5. Though the respond......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......of the parties, as they plead, in view of the concept and meaning of the provisions of sections 102, 103 and 104 of the Evidence Act. In the instant case plaintiff could successfully carry out the onus of proof that the family was a joint Hindu family and it was never broken and the property of ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....e the petitioner to status quo ante and prevent recurrence of violation of the terms of agency. The learned Judges of the High Court Division have also failed to consider that the petitioner has good prima facie case with balance of convenience and inconvenience in his favour, as equity and law have......petitioner to status quo ante and prevent recurrence of violation of the terms of agency. The learned Judges of the High Court Division have also failed to consider that the petitioner has good prima facie case with balance of convenience and inconvenience in his favour, as equity and law have alway...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......N is also contrary to the undertaking, Exhibit A even Exhibit F which is said to have been given by petitioner No. I in acknowledgment of his alleged receipt of the cash consideration for the sale ex facie shows that the writings over it were done upon a non‑judicial stamp signed by petitioner No.......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......legal effect and the Court or the Tribunal does not become functus officio with the passing of the order on the basis of fraud, mistake, undue influence or misrepresentation etc which are ex‑facie void……………………………&......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....al Officer for holding medical examination, recorded statements of the prosecution witnesses under section 161 of the Criminal Procedure Code and finally submitted charge-sheet against the accused as prima-facie case under section 6(1) of the said Ain was made out. 4. The case record ultimately c......icer for holding medical examination, recorded statements of the prosecution witnesses under section 161 of the Criminal Procedure Code and finally submitted charge-sheet against the accused as prima-facie case under section 6(1) of the said Ain was made out. 4. The case record ultimately came to......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
.... for the added-respondent No.2, submits that there is no illegality in the impugned order dated 6‑9‑1998 passed by the Special Tribunal in framing charge against the accused appellants since a prima facie case has been made out against them as appears from first information report, charge-sh......he added-respondent No.2, submits that there is no illegality in the impugned order dated 6‑9‑1998 passed by the Special Tribunal in framing charge against the accused appellants since a prima facie case has been made out against them as appears from first information report, charge-sheet, s......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....bilia' for the proposition that it was an impossibility on the part of the government to make Advisory Board functioning, it being an independent body. But from Annexures III and IV series, it is prima facie clear that it is the government through the Ministry of Home Affairs which appointed the......#39; for the proposition that it was an impossibility on the part of the government to make Advisory Board functioning, it being an independent body. But from Annexures III and IV series, it is prima facie clear that it is the government through the Ministry of Home Affairs which appointed the so-ca......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......istered power of attorney as the basis of their possession in the suit land and when the contesting defendant challenged the said power of attorney and the exchange in pursuant thereto he had some onus to prove assertions as to his case of living in Bangladesh and possession in the suit land whi..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....nd prepared sketch map with index which were formally proved by him and marked as Exhibits 2 and 3 respectively. He arrested the accused appellant and produced him before the court and having found a prima facie case he submitted the charge-sheet against the accused appellant. In cross-examination h......pared sketch map with index which were formally proved by him and marked as Exhibits 2 and 3 respectively. He arrested the accused appellant and produced him before the court and having found a prima facie case he submitted the charge-sheet against the accused appellant. In cross-examination he stat......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......ents took objection to the High Court Division’s direction, to the Ministry, to produce the relevant file on the evaluation report and questioned why the court should take on its shoulder the onus to find malafide. According to them, burden should be on the shoulder of the petitioners, as t..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
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