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Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
....harge sheet and discharging the petitioners solely on consideration of the victim’s girl’s affidavit and medical certificate as to her age. It is required for the Adalat to consider whether a prima facie offence has been disclosed in the F.I.R. charge- sheet and other materials on record aga......sheet and discharging the petitioners solely on consideration of the victim’s girl’s affidavit and medical certificate as to her age. It is required for the Adalat to consider whether a prima facie offence has been disclosed in the F.I.R. charge- sheet and other materials on record against t....... C. with liberty to decide on its own whether to frame charge or not. With the above observations the petition is disposed of . Ed. This Case is also Reported in: 50 DLR (AD) (1998) 4. ..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
.... Salish was held with no result. The said petition, however, was sent to the local police station for investigation and report. After holding investigation the police submitted report stating that no prima facie case has been made out the accused-petitioner. Against the report a protest petition (Na......h was held with no result. The said petition, however, was sent to the local police station for investigation and report. After holding investigation the police submitted report stating that no prima facie case has been made out the accused-petitioner. Against the report a protest petition (Naraji) ......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
....the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
......ntract of service but under a contract for service and most of those were created even before her joining the service and, as such, acted illegally and/or with material irregularity in misplacing the onus on the petitioner and in rejecting her prayer for registration. He, further submitted that resp..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
....d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......ffording any opportunity to the petitioner to show cause as to why those wards 68, 70 and 71 should not be excluded from his jurisdiction and without assigning any reason and, as such, the same is ex facie illegal and without jurisdiction and is liable to be declared as having been passed without an......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......on even when efficacious alternative remedy is available Even though there is an efficacious alternative remedy, the very fact that the inclusion of the disputed property in the 'Kha' list was ex facie void for want of jurisdiction and in violation of Article 42 of the Constitution, the petition......page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
..../ abduction was committed by the accused persons in respect of her minor girl who is a victim of the offence and she should be rescued from the offenders and given to her custody. There is no reason, prima facie, to disbelieve the mother’s statement that the girl is a minor and she has been made a......ction was committed by the accused persons in respect of her minor girl who is a victim of the offence and she should be rescued from the offenders and given to her custody. There is no reason, prima facie, to disbelieve the mother’s statement that the girl is a minor and she has been made a victi...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....y to be heard, has no application where the accused is not discharged. This is for the simple reason that at a preliminary stage when a Magistrate has only to consider whether a complaint makes out a prima facie case, such an opportunity to be heard may be detrimental to the interest of the accused.......e heard, has no application where the accused is not discharged. This is for the simple reason that at a preliminary stage when a Magistrate has only to consider whether a complaint makes out a prima facie case, such an opportunity to be heard may be detrimental to the interest of the accused. In su......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....ction while in the case of an order of discharge passed on merits, fresh proceeding will be improper and will not be permitted. 8. In the case of Nazrul Islam Vs. State reported in 35 DLR 32 the prima facie case against petitioner Nazrul Islam regarding the commission of the offence of black ma......while in the case of an order of discharge passed on merits, fresh proceeding will be improper and will not be permitted. 8. In the case of Nazrul Islam Vs. State reported in 35 DLR 32 the prima facie case against petitioner Nazrul Islam regarding the commission of the offence of black marketin......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....ng of a later date is hit by the doctrine of lis pendens under section 52 of the Transfer of Property Act and the learned Assistant Judge committed error of law in not holding that the plaintiff had prima facie title in view of the evidence on recorded and admission of the original defendant that t......a later date is hit by the doctrine of lis pendens under section 52 of the Transfer of Property Act and the learned Assistant Judge committed error of law in not holding that the plaintiff had prima facie title in view of the evidence on recorded and admission of the original defendant that the pla......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....fied that there are reasonable grounds for believing that the accused is not guilty of the offence and that his apprehension cannot be ruled out as baseless. Thus not only there is, in our view, good prima facie ground made out for grant of bail in respect of the offence alleged but also we are conv......hat there are reasonable grounds for believing that the accused is not guilty of the offence and that his apprehension cannot be ruled out as baseless. Thus not only there is, in our view, good prima facie ground made out for grant of bail in respect of the offence alleged but also we are convinced ......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... jurisdiction on the part of the Election Tribanal in passing the impugned order. He further submitted that impugned order being an interlocutory order it is sufficient if the Election Tribunal finds prima facie case for passing the interlocutory order for recounting ballot papers. He also submitted......diction on the part of the Election Tribanal in passing the impugned order. He further submitted that impugned order being an interlocutory order it is sufficient if the Election Tribunal finds prima facie case for passing the interlocutory order for recounting ballot papers. He also submitted that ...... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
....o notice was ever served upon the petitioner or his vendor to show cause why the disputed property should not be treated as abandoned property; that respondents had no materials before them for their prima facie satisfaction that the disputed property is an abandoned property and the disputed proper......ce was ever served upon the petitioner or his vendor to show cause why the disputed property should not be treated as abandoned property; that respondents had no materials before them for their prima facie satisfaction that the disputed property is an abandoned property and the disputed property can......e notification dated 23rd September 1986.
As there is no appearance of the respondents there will be no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 130.
..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
....dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......uit.
8. Mr. Md. Omar Faruk, learned Advocate for the appellant, after placing the pleadings, impugned judgment and other materials on record, submitted that the plaintiff failed to discharge the onus of proving that the goods were damaged due to the negligence of the employees of the carrier wh..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....ame but it may be mentioned incidentally that on a prayer for temporary injunction, particularly injunction of a mandatory nature, the petitioner will be required firstly, to show that he has a good, prima facie case and secondly, that the convenience and inconvenience will be in favour of granting ......t it may be mentioned incidentally that on a prayer for temporary injunction, particularly injunction of a mandatory nature, the petitioner will be required firstly, to show that he has a good, prima facie case and secondly, that the convenience and inconvenience will be in favour of granting tempor......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....Police Inspector CID Naogaon camp after himself holding the further investigation submitted supplementary charge sheet on 26.7.89 implicating the VDP Officer, Abul Khayer as an accused having found a primafacie case against him. Thereafter, die learned Upazila Magistrate sent the case records again ......e Inspector CID Naogaon camp after himself holding the further investigation submitted supplementary charge sheet on 26.7.89 implicating the VDP Officer, Abul Khayer as an accused having found a primafacie case against him. Thereafter, die learned Upazila Magistrate sent the case records again to th...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
..... The Bar Council did not at all consider the case of the petitioner touching the impugned resolution. The membership of an Advocate cannot be taken away unless it is approved by the Bar Council. So, prima facie, it appears that the Bar Council failed to exercise its statutory power in not setting a......Bar Council did not at all consider the case of the petitioner touching the impugned resolution. The membership of an Advocate cannot be taken away unless it is approved by the Bar Council. So, prima facie, it appears that the Bar Council failed to exercise its statutory power in not setting aside t......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....he said confessional statements, arrested some of the other accused persons and forwarded them to the court and then by the court's Order sent them to the judicial custody. During investigation a prima-facie case was made out against the accused persons and, accordingly, a charge-sheet was submi......d confessional statements, arrested some of the other accused persons and forwarded them to the court and then by the court's Order sent them to the judicial custody. During investigation a prima-facie case was made out against the accused persons and, accordingly, a charge-sheet was submitted a......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......nexure G and G (1) to resolve the dispute about the identification of the petitioner under challenge. The Court of Settlement declined to Lake up the two petitions for hearing on the grounds that the onus was on the petitioner to prove his case without resort to any document or finding in the Govern..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ...... defendant No. 2 in respect of the whole or any part of the properties in suit. 16. Defendant No. 2 alone claims to have made a compromise of the suit as per the alleged solenama. Therefore, the onus of proving before the court that the suit has been adjusted wholly or in part by any lawful agr..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....ich may be quoted as follows: "In the former case Chief Justice Beaumont held that both under the common Law and section 23(b) of the Specific Relief Act an option to repurchase property is prima facie assignable, though it may be so worded as to show that it was to be personal to the gran......y be quoted as follows: "In the former case Chief Justice Beaumont held that both under the common Law and section 23(b) of the Specific Relief Act an option to repurchase property is prima facie assignable, though it may be so worded as to show that it was to be personal to the grantee an...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
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