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Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
.... of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in the instant case when the age of the victim is prima facie below the age of majority she could be allowed to the custody of father, the appellant...... Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in the instant case when the age of the victim is prima facie below the age of majority she could be allowed to the custody of father, the appellant&hellip......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
.... as casting any aspersion on the Judges. He further asserted that it is now well settled that expeditious disposal of cases in the Subordinate Courts by proper case management and Court management is primarily the responsibility of the Judge and that was what he meant by the remark. It is further st......mes his innocence and places the burden upon the accuser to establish his accusation. Whereas in a contempt case the words by themselves place the onus upon the person charged provided they are prima facie defamatory, or special circumstances are shown, which give them a disparaging character. ...... an accused person under the criminal law which presumes his innocence and places the burden upon the accuser to establish his accusation. Whereas in a contempt case the words by themselves place the onus upon the person charged provided they are prima facie defamatory, or special circumstances are ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......of material witnesses and adverse presumption ought to have been drawn against the prosecution. Though the occurrence took place in the house of the mother of accused Ashraf but the appellants had no onus to prove their innocence because there are distinguishing features in between wife killing case..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....ial Court before disposal of the earlier suit found that all the notices/summons were duly served upon all the defence and these included the present petitioners. These findings of the trial Court is prima facie finding but the rest will be decided at the time of trial. The High Court Division found......urt before disposal of the earlier suit found that all the notices/summons were duly served upon all the defence and these included the present petitioners. These findings of the trial Court is prima facie finding but the rest will be decided at the time of trial. The High Court Division found that ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there is no bar to initiate a criminal case if a civil suit...... Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there is no bar to initiate a criminal case if a civil suit is pe...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
.... Evidence Act , 1872 (I of 1872), section 110 The presumption under section 110 would apply if two conditions are satisfied: that the possession of the person claiming long possession is not, prima-facie, wrongful and secondly, the title of the person, in this case the plaintiff-respondent, ......nce Act , 1872 (I of 1872), section 110 The presumption under section 110 would apply if two conditions are satisfied: that the possession of the person claiming long possession is not, prima-facie, wrongful and secondly, the title of the person, in this case the plaintiff-respondent, agains......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
....ishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the civil suit. Since there is a prima facie case the criminal case cannot be quashed……(5) ......ured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the civil suit. Since there is a prima facie case the criminal case cannot be quashed……(5) &...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......mned prisoner will be entitled to an acquittal in this case. Because in that event the prosecution will be taken to have failed to prove conclusively the guilt of the condemned prisoner. 37. The onus of establishing the defence plea of insanity, as already stated above, is on the condemned pris..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....o petitioners ordered for Judicial Inquiry. The Magistrate was mainly concerned with the allegations made in the petition of complaint or the evidence led in support of the same and he was only to be prima facie satisfied whether there were sufficient grounds for proceeding against the accused Polic......inment of truth or falsehood of the allegations made in the complaint. (a) On the material placed by the complainant before Court, (b) For the limited purpose of finding out whether a prime facie case for issuance of process has bean made out And (c) For deciding the question pur......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ...... The Contempt of Courts Act, 1926 (XII of 1926) In a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very m..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....the fact that no objection was raised at the time of marking these as exhibits, we are inclined to take exception in this particular case, because of the fact that these secret official documents are prima facie inadmissible in evidence in the absence of the original unless the formalities for accep......ct that no objection was raised at the time of marking these as exhibits, we are inclined to take exception in this particular case, because of the fact that these secret official documents are prima facie inadmissible in evidence in the absence of the original unless the formalities for acceptance ......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
....tation, in due compliance of the order of the learned Magistrate submitted his investigation report on 4-7-1994 (Annexure-B to the petition). In his report he stated that after investigation he found prima facie evidence about the allegations made by the complainant in his petition of complaint agai......, in due compliance of the order of the learned Magistrate submitted his investigation report on 4-7-1994 (Annexure-B to the petition). In his report he stated that after investigation he found prima facie evidence about the allegations made by the complainant in his petition of complaint against th...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
.... victim girl refused to go with her father, the learned Additional Chief Metropolitan Magistrate finally directed her to be kept in judicial custody. On completion of investigation the police found a prima facie case and submitted charge-sheet on 6-6-98 under section 9 (kha) of the Nari-O Shishu Ain......m girl refused to go with her father, the learned Additional Chief Metropolitan Magistrate finally directed her to be kept in judicial custody. On completion of investigation the police found a prima facie case and submitted charge-sheet on 6-6-98 under section 9 (kha) of the Nari-O Shishu Ain again......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....r section 498 is held to be subject to section 497 then the High Court Division will be precluded from considering the malafide nature of a proceeding in a particular case merely because there is a prima facie allegation of an offence punishable with death or imprisonment for life. A prayer for p......ion 498 is held to be subject to section 497 then the High Court Division will be precluded from considering the malafide nature of a proceeding in a particular case merely because there is a prima facie allegation of an offence punishable with death or imprisonment for life. A prayer for pre-arr......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
.... any offence or that the prosecution is otherwise barred by law. Upon scrutiny of the FIR and the charge-sheet of the instant case it can not be said that the proceeding is barred by any law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petitio......ffence or that the prosecution is otherwise barred by law. Upon scrutiny of the FIR and the charge-sheet of the instant case it can not be said that the proceeding is barred by any law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is d...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....a great stir in that country and the result was that the Government of India had to bring about an enactment called “The Muslim Women (Protection of Rights on Divorce) Act, 1986” by which prima facie the said decision was set at naught. It is to be observed that in the said case the Indi......t stir in that country and the result was that the Government of India had to bring about an enactment called “The Muslim Women (Protection of Rights on Divorce) Act, 1986” by which prima facie the said decision was set at naught. It is to be observed that in the said case the Indian Sup......rt Division suo motu addressed themselves to a legal query as to whether plaintiff No 1 could have claimed maintenance beyond the period of iddat. Quoting Sura 4 Ayats 240-242; Hedaya, Baillie, Sura Yonus (10:47), Sura Al-Qamar (54), Sura Al Imran (3:7) and observing that like statutes, the Holy Qur..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Lutful Karim and others Vs. Shahidullah and others, 1998, 27 CLC (AD)
....session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ......session has been erroneously not decided by the lower appellate court. For the above reasons, these petitions are dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 84. ...... case, the plaintiff petitioners challenged the kabalas Exhibits 1 and 1(ka) as products of forgery and false personation by Salamatullah, the predecessor-in-interest of the defendants. The onus of proof of forgery and false personation is on the plaintiffs who allege that the documents ar..Category: Civil Law | Date: 15 Mar, 1998 | Hits: 5
Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)
....tly treated as First Information Report by the police and also the charge sheet submitted in this case. It appears from the facts alleged in the petition of complaint as well as the charge sheet that prima facie offence under section 6 of the Cruelty to Women Ordinance has been disclosed. The rel......eated as First Information Report by the police and also the charge sheet submitted in this case. It appears from the facts alleged in the petition of complaint as well as the charge sheet that prima facie offence under section 6 of the Cruelty to Women Ordinance has been disclosed. The relevant ......ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464...Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
....
“The act in ground No.2. no doubt, was an attack resulting in the death to the victim, and though it was said to have been committed by the petition near along with his associates it would prima facie appear to be an act against a specific individual, involving infraction of law and order......ldquo;The act in ground No.2. no doubt, was an attack resulting in the death to the victim, and though it was said to have been committed by the petition near along with his associates it would prima facie appear to be an act against a specific individual, involving infraction of law and order only.......his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Tapati Rani alias Boby Rani Vs. State, 1997, 26 CLC (HCD)
.... instead of handing over the girl to the custody of father, the learned Sessions Judge illegally kept her in judicial custody. Since from the different orders of the learned Sessions Judge it appears prima facie that he found the victim girl being minor one, he should not pass on order for keeping t......ad of handing over the girl to the custody of father, the learned Sessions Judge illegally kept her in judicial custody. Since from the different orders of the learned Sessions Judge it appears prima facie that he found the victim girl being minor one, he should not pass on order for keeping the gir......passed either by the Magistrate or by the learned Sessions Judge for keeping the victim girl in judicial custody are hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 566. ..Category: Women and Children | Date: 30 Jul, 1997 | Hits: 72
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