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....26.5.1911 in Miscellaneous Case Nos.12-13 of 2011that after filing of the applications under rule 42A of the Tenancy Rules, a Preliminary Committee scrutinized the records and submitted a report with prima facie finding inter alia, that the writ petitioners had committed fraud in obtaining the D. P.......911 in Miscellaneous Case Nos.12-13 of 2011that after filing of the applications under rule 42A of the Tenancy Rules, a Preliminary Committee scrutinized the records and submitted a report with prima facie finding inter alia, that the writ petitioners had committed fraud in obtaining the D. P. Khati......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 65
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....Bogra P.S. Case No.49 dated 13.02.2000, under sections 406/420/409 of the Penal Code. 3. Thereafter, the police investigated into the case. After completion of the investigation and having found a prima-facie case, the police has submitted a charge sheet on 25.09.2001 against 5 accuseds, includin......P.S. Case No.49 dated 13.02.2000, under sections 406/420/409 of the Penal Code. 3. Thereafter, the police investigated into the case. After completion of the investigation and having found a prima-facie case, the police has submitted a charge sheet on 25.09.2001 against 5 accuseds, including the ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..Category: Criminal Law | Date: | Hits: 97
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....of misappropriation of company's money against the accused petitioner and police after investigation submitted charge sheet under sections 406/420 of the penal code and the same undoubtedly discloses prima-facie case under sections 406/420 of the penal code arid as such there is nothing to quash the......appropriation of company's money against the accused petitioner and police after investigation submitted charge sheet under sections 406/420 of the penal code and the same undoubtedly discloses prima-facie case under sections 406/420 of the penal code arid as such there is nothing to quash the impug......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......that the prosecution is to prove its case beyond all reasonable doubt. The task of proving the allegations against the accused person squarely lies upon the prosecution and it does not shift till the onus is discharged. 19. In the instant case, I find serious discrepancies in the evidence of the ..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....e witnesses under section 161 of the Code of Criminal Procedure, prepared the inquest report of the dead body, sent the dead body to the morgue, seized the alamats by preparing the seizure list and a prima-facie case having been found against the accused persons submitted charge sheet against them. ......esses under section 161 of the Code of Criminal Procedure, prepared the inquest report of the dead body, sent the dead body to the morgue, seized the alamats by preparing the seizure list and a prima-facie case having been found against the accused persons submitted charge sheet against them. In cro......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..Category: Criminal Law | Date: | Hits: 80
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....Magistrate cannot do without stating very briefly the cases of both the parties, discussing or narrating the statements of the witnesses in short and showing by giving cogent reasons that there is no prima facie case against the accused and that the charge brought by the complainant against the accu......rate cannot do without stating very briefly the cases of both the parties, discussing or narrating the statements of the witnesses in short and showing by giving cogent reasons that there is no prima facie case against the accused and that the charge brought by the complainant against the accused ......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ..Category: Procedural Law | Date: | Hits: 78
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
.... Forms and put his signature therein and all these documents were marked as Exhibits. FIR was marked as Exbt.1(ka), Sketch Map was marked as Exbt.3 and Seizure List was marked as Exbt.2. Having found prima-facie case against the accused persons he submitted charge sheet against them under Section 39...... and put his signature therein and all these documents were marked as Exhibits. FIR was marked as Exbt.1(ka), Sketch Map was marked as Exbt.3 and Seizure List was marked as Exbt.2. Having found prima-facie case against the accused persons he submitted charge sheet against them under Section 394 of t......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
....t (FIR). Accordingly, Katowli P.S. Case No.9(1)2002 was registered on 6.1.2002, corresponding G. R. Case being No.9 of 2002. 3. Thereafter, the police investigated into the case and having found a prima facie case, police has submitted a charged sheet No.334 dated 28.5.02, against the 4(four) acc......). Accordingly, Katowli P.S. Case No.9(1)2002 was registered on 6.1.2002, corresponding G. R. Case being No.9 of 2002. 3. Thereafter, the police investigated into the case and having found a prima facie case, police has submitted a charged sheet No.334 dated 28.5.02, against the 4(four) accuseds,...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ..Category: Criminal Law | Date: | Hits: 116
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......Harunur Rashid, the learned Counsel appearing on behalf of the petitioner after placing the petition, impugned order and other Annexures with the petition mainly submits that the impugned order is ex-facie illegal and not sustainable under law since the petitioner had already been arrested pursuance......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Civil Law | Date: | Hits: 134
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....dants by producing all relevant evidence and the said Court will be free to decide the suit on merit." 19. So it is apparent from the record that the trial Court in Title Suit No.68 of 2003 found prima facie case of fraud. 20. Since the present petitioner filed the suit for setting aside of t...... by producing all relevant evidence and the said Court will be free to decide the suit on merit." 19. So it is apparent from the record that the trial Court in Title Suit No.68 of 2003 found prima facie case of fraud. 20. Since the present petitioner filed the suit for setting aside of the pre...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....ion visited the place of occurrence, prepared sketch map with separate index, recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and after investigation found prima facie complicity of the accused persons and on 10.10.1996 submitted charge sheet under section......sited the place of occurrence, prepared sketch map with separate index, recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and after investigation found prima facie complicity of the accused persons and on 10.10.1996 submitted charge sheet under sections 19A ......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ..Category: Criminal Law | Date: | Hits: 79
....However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
......he learned counsel appearing on behalf of the petitioner after taking us with the petition, the impugned order and other relevant papers annexured thereto mainly submits that the impugned order is ex-facie illegal since section 37(2) of the VAT Act was added with the notice (Annexure-B) together wit......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
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Category: Fiscal/Taxation Law | Date: | Hits: 107
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....fs filed the present suit for grabbing the land. 5. On the above pleadings, trial Court framed the issues, namely, whether the suit was maintainable in its present form, whether the plaintiffs had prima facie title and exclusive possession over the suit land and whether they were entitled to get ......ed the present suit for grabbing the land. 5. On the above pleadings, trial Court framed the issues, namely, whether the suit was maintainable in its present form, whether the plaintiffs had prima facie title and exclusive possession over the suit land and whether they were entitled to get the re......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 73
....ted 7‑1‑95 is against the spirit of the Memorandum and Articles of Association of the company and when that is against the provisions of the Memorandum and Articles of Association this resolution prima facie is illegal. He further contends that the law enjoins that all Board meetings whether of ......1‑95 is against the spirit of the Memorandum and Articles of Association of the company and when that is against the provisions of the Memorandum and Articles of Association this resolution prima facie is illegal. He further contends that the law enjoins that all Board meetings whether of public...... all the directors. There are decisions of the higher Courts of the sub‑continent that even a notice sent by registered post is not sufficient to show that there was actually service of notice. The onus lies on such persons to prove that. Here though it has been alleged that service was effected b..
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....onviction in the abovementioned special tribunal case no. 1 of 1976, though he wasnever given any order or document regarding his dismissal. He actively participated in the liberation war in 1971 and primarily fought in Sunderban sub-sector under Sector-9 of Bangladesh Muktibahini. He was impleaded ......onstitution and outside all civilised norms of criminal justice delivery system. 4.c) The unholy and unnatural haste in rejecting the mercy petition and executing Lt. Col. (ret) M. A. Taher was ex-facie mala fide and for a collateral purpose and beyond/outside, and, repugnant to all civilised can......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
.... or a police officer or other person Such examination of complaint by the Court receiving the complaint is the initial inquiry made under section 202. The Court if satisfied that it does not find a prima-facie case to proceed with it may dismiss the complainant under section 203 of the Code, 1......police officer or other person Such examination of complaint by the Court receiving the complaint is the initial inquiry made under section 202. The Court if satisfied that it does not find a prima-facie case to proceed with it may dismiss the complainant under section 203 of the Code, 1898. ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
.... in the plaint that the elder brother had fraudulently put his name only in the earlier deed has been proved by any cogent evidence and as such the assertion made in a Registered document, which is a primary evidence, cannot be ignored on the flimsy allegation raised in the plaint and as such the fi......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ...... on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.” In order to discharge the said onus the plaintiff Sujjat Ali @ Surja Mia as P.W.1 asserted that Jomu Sheik was the co-purchaser and..Category: Property Law | Date: | Hits: 83
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
.... petitioner committed offence violating the terms and clauses (IV) and (V) of the letter of disclaimer. The offence as alleged to have committed is subject to prove by taking evidence. Since there is prima facie offence against the accused petitioner, the proceeding started against him cannot be qua......ioner committed offence violating the terms and clauses (IV) and (V) of the letter of disclaimer. The offence as alleged to have committed is subject to prove by taking evidence. Since there is prima facie offence against the accused petitioner, the proceeding started against him cannot be quashed a......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
.... suit the respondents are in fact trying to get a relief indirectly which they are not entitle to get directly. Therefore, in that view of the matter also not only that they have failed to make out a prima facie case but also the plaint of the suit is liable to be rejected under order 7 rule 11 of t......the respondents are in fact trying to get a relief indirectly which they are not entitle to get directly. Therefore, in that view of the matter also not only that they have failed to make out a prima facie case but also the plaint of the suit is liable to be rejected under order 7 rule 11 of the cod......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....hen there is specific legal remedy as provided by the Code under Order 9 rule 9 for restoration of the suit after dismissal for default, the orders of the trial Court granted under section 151 CPC is prima facie illegal. He has also drawn my attention to all the aforesaid decisions wherein it has be......ere is specific legal remedy as provided by the Code under Order 9 rule 9 for restoration of the suit after dismissal for default, the orders of the trial Court granted under section 151 CPC is prima facie illegal. He has also drawn my attention to all the aforesaid decisions wherein it has been hel...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
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