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Chowdhury Mohidul Haque Vs. Anti-Corruption Com¬mission and others, 2014, 43 CLC (AD)
.... questioning the legality of the supplementary charge-sheet………...(11) Although the initial charge-sheet was submitted against only one accused person, upon finding prima facie evidence against him, he still remains an accused in spite of the so called "reinve......ioning the legality of the supplementary charge-sheet………...(11) Although the initial charge-sheet was submitted against only one accused person, upon finding prima facie evidence against him, he still remains an accused in spite of the so called "reinvestigat...... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
Abul Bashar Chowkidar Vs. Abdul Mannan @ Khademul Islam and others, 2014, 43 CLC (AD)
....tigation, especially when the subsequent charge-sheet bears a new and independent number In the instant case, the initial charge-sheet was submitted naming six accused persons upon finding prima-facie evidence against them, the CID filed an application categorically for "re-investiga......hy;tion, especially when the subsequent charge-sheet bears a new and independent number In the instant case, the initial charge-sheet was submitted naming six accused persons upon finding prima-facie evidence against them, the CID filed an application categorically for "re-investigation&q......ence is found against him/her/them. With the above observations, this criminal petition for leave to appeal is disposed of. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 286. ..Category: Criminal Law, Procedural Law | Date: 11 Sep, 2014 | Hits: 34
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
....Code and it is the function of the trial Court which will decide the factual aspects of the case on taking evidence..... (19) The accused-petitioner is an agent of the Roads and High Ways, since prima-facie, he has committed criminal breach of trust in respect of the property as described in th......nd it is the function of the trial Court which will decide the factual aspects of the case on taking evidence..... (19) The accused-petitioner is an agent of the Roads and High Ways, since prima-facie, he has committed criminal breach of trust in respect of the property as described in the work...... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....Code of Civil Procedure (v of 1908); Order XXXIX, rules 1 & 2 read with Section 151, Exclusive Possession— The defendant No. 1 has exclusive possession over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government......f Civil Procedure (v of 1908); Order XXXIX, rules 1 & 2 read with Section 151, Exclusive Possession— The defendant No. 1 has exclusive possession over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government. Befo......ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179 ..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....ereof, examined the witnesses and recorded their statements under section 161 of CrPC and finally submitted charge sheet No.140 dated 13-9-2007 under sections 364A/302/201 of the Penal Code as a prima-facie case was made out against the accused. Police arranged for recording the statements, pol...... examined the witnesses and recorded their statements under section 161 of CrPC and finally submitted charge sheet No.140 dated 13-9-2007 under sections 364A/302/201 of the Penal Code as a prima-facie case was made out against the accused. Police arranged for recording the statements, police al......nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....rge brought against him. He further submits that the learned Special Judge made discrimination in considering the case of the petitioner, inasmuch as, on the basis of self same materials he has found prima facie case against the petitioner, but found no prima-facie case against co-accused Md. Abdul ......ought against him. He further submits that the learned Special Judge made discrimination in considering the case of the petitioner, inasmuch as, on the basis of self same materials he has found prima facie case against the petitioner, but found no prima-facie case against co-accused Md. Abdul Khalek......se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....rcumstances of the case, the Tribunal acted judiciously in maintaining rejection of gift under Income Tax law while the gift was made under Muslim law and whether it is right to impart Income Tax law prima-facie over Muslim law? III. Whether, in the facts and on the circumstances of the case, t......ances of the case, the Tribunal acted judiciously in maintaining rejection of gift under Income Tax law while the gift was made under Muslim law and whether it is right to impart Income Tax law prima-facie over Muslim law? III. Whether, in the facts and on the circumstances of the case, the Tri......e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....rcumstances of the case, the Tribunal acted judiciously in maintaining rejection of gift under Income Tax law while the gift was made under Muslim law and whether it is right to impart Income Tax law prima-facie over Muslim law? III. Whether, in the facts and on the circumstances of the case, t......ances of the case, the Tribunal acted judiciously in maintaining rejection of gift under Income Tax law while the gift was made under Muslim law and whether it is right to impart Income Tax law prima-facie over Muslim law? III. Whether, in the facts and on the circumstances of the case, the Tri......angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....icate marked as Exhibit-6. The alleged sale certificate has not been substantiated by any sale proclamation and writ of delivery of possession. A sale certificate is not conclusive but only prima facie evidence of title and it can be shown that it is wrong and relates to property, which wa......cate marked as Exhibit-6. The alleged sale certificate has not been substantiated by any sale proclamation and writ of delivery of possession. A sale certificate is not conclusive but only prima facie evidence of title and it can be shown that it is wrong and relates to property, which was not ......ndant No. 7 and both the witnesses miserably failed to prove the possession of contesting defendant-respondent Nos. 3-22 in the suit land. When evidence is adduced by both the parties the question of onus becomes immaterial. The plaintiff succeeded in proving his possession by examining P.W. s...Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... he added two more motives, namely, discord over 'Kum' 'জলাশয়’ beneath the bridge near the Bazar and the School Committee which was nothing but afterthought and shows prima facie falsity in imputing motive in the case to implicate accused-Mobile Quader falsely. He su......ded two more motives, namely, discord over 'Kum' 'জলাশয়’ beneath the bridge near the Bazar and the School Committee which was nothing but afterthought and shows prima facie falsity in imputing motive in the case to implicate accused-Mobile Quader falsely. He submitte...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....h the lease shall stand cancelled. Having procured registration from the education authority, the petitioner, as the Principal of an Institution named Imam Gazzali Institute, commenced imparting primary education to the Children of Pabna. 7. By a memo dated 6th August 1991, the Ministry of......in this Star Ship case (i.e. Ridge Vs. Baldwin, Supra), transmit undistorted message to the effect that, audi alteram partem shall apply when a decision taker relies on a given ground, which is prima facie contentious in the sense that it is open to the affected person to put forward his version on ......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....2012 and plaintiff obtained certified copies of the said deed on 23-5-2012 and limitation till run when the plaintiff obtained certified copies of two registered sale agreements i.e. on 23-5-2012. It prima facie appears that the suit was filed within time which will be decided by the trial court on ......nd plaintiff obtained certified copies of the said deed on 23-5-2012 and limitation till run when the plaintiff obtained certified copies of two registered sale agreements i.e. on 23-5-2012. It prima facie appears that the suit was filed within time which will be decided by the trial court on taking......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....f the articles seized from him and the Tribunal was obliged to pass necessary order in that respect in exercise of its power under section 517 of the Code. It may be stated that the seizure list prima-facie shows that all the articles which include ornaments (both gold and silver), stone a......articles seized from him and the Tribunal was obliged to pass necessary order in that respect in exercise of its power under section 517 of the Code. It may be stated that the seizure list prima-facie shows that all the articles which include ornaments (both gold and silver), stone and cas......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......ated scrutiny. When dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be taken into consideration. a) The onus of proving everything essential to the establishment of the charge against the accused lie..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
.... retrospective unless there be some good reason against such a view. If a statute deals merely with the procedure in an action, and does not affect the rights of the parties, it will be held to apply prima facie, to all actions pending aswellas future. It is only if it be more than a mere matte......spective unless there be some good reason against such a view. If a statute deals merely with the procedure in an action, and does not affect the rights of the parties, it will be held to apply prima facie, to all actions pending aswellas future. It is only if it be more than a mere matter of p......e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......e post of Chief Engineer (PWD) on the basis of seniority. 51. He again submitted that as per decisions of our Apex Court in several cases, pro-motion of a junior ahead of many seniors is ex-facie, illegal and bad in law and from the sequence of the events and the conduct of the respondents......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
....ticipatory bail where the allegations are of heinous nature. Claim that the allegations are cooked up shall also not be adjudged at that of point if the FIR or the complaint petition, as the case is, prima facie, discloses an offence. Whether the allegations are framed or genuine can only be determi......tory bail where the allegations are of heinous nature. Claim that the allegations are cooked up shall also not be adjudged at that of point if the FIR or the complaint petition, as the case is, prima facie, discloses an offence. Whether the allegations are framed or genuine can only be determined th......e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
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Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
.... Station under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favour of the accused-respondent. This is not a legal ground for exercising the ......on under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favour of the accused-respondent. This is not a legal ground for exercising the power.......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
.... Station under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favour of the accused-respondent. This is not a legal ground for exercising the ......on under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-facie case in favour of the accused-respondent. This is not a legal ground for exercising the power.......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....icating a mortgage; (v) adequacy or inadequacy of the consideration, an inadequate price indicating a mortgage; (vi)presence or otherwise of the stipulation of reconveyance embodied in the deed being prima facie an indication that the transaction is a mortgage; and (vii) purchase of stamps and payme......g a mortgage; (v) adequacy or inadequacy of the consideration, an inadequate price indicating a mortgage; (vi)presence or otherwise of the stipulation of reconveyance embodied in the deed being prima facie an indication that the transaction is a mortgage; and (vii) purchase of stamps and payment of ......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
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