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Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
.... Report was lodged by P.W.1 Shafiqul Islam. Police visited the place of occurrence, prepared a sketch map and index thereof, and examined the witnesses under section 161 CrPC and thereafter finding a prima facie case against the accused-appellants and others submitted the charge-sheet. 4. In this......t was lodged by P.W.1 Shafiqul Islam. Police visited the place of occurrence, prepared a sketch map and index thereof, and examined the witnesses under section 161 CrPC and thereafter finding a prima facie case against the accused-appellants and others submitted the charge-sheet. 4. In this case ......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....e ground the matter was disposed of on merit; but at the same time their Lordship has observed in their Judgment and the order dated 24-9-86: "However, if the accused persons feel that there is no prima facie case against them they can move the appropriate Court for quashing of the case.” 6.......nd the matter was disposed of on merit; but at the same time their Lordship has observed in their Judgment and the order dated 24-9-86: "However, if the accused persons feel that there is no prima facie case against them they can move the appropriate Court for quashing of the case.” 6. Subse......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ..Category: Procedural Law | Date: | Hits: 71
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....e Parties Judgment May 15, 2008. Result: The Rule is made absolute. On the basis of the defence plea or materials the criminal proceedings should be stifled before trial when there is prima facie case for going to trial………………………………..(10) When a naraji peti......ies Judgment May 15, 2008. Result: The Rule is made absolute. On the basis of the defence plea or materials the criminal proceedings should be stifled before trial when there is prima facie case for going to trial………………………………..(10) When a naraji petition ...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Criminal Law | Date: | Hits: 177
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ...... 33. Decree ex parte is passed in a manner as if absence of defendant ipso facto confers title of the suit land upon the plaintiff. And the plaintiffs are absolved of their duty to discharge their onus to prove their own case. Routine decree passed ex parte on account merely of absence of the def..Category: Property Law | Date: | Hits: 149
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ...... provided by the contract. This law binds the surety to perform obligation immediately on the failure of Principal debtor to perform its part. In the cited decision it is held, "It is true that the onus is on the petitioner to prove his case and in the instant case on perusal of evidence and mater..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......that the claim or objection was designedly or unnecessarily delayed." So the impugned Judgment and order appears to have been passed without relying on any legal evidence and, as such, it is an ex-facie illegal order as the same was passed without complying with the statutory provisions of law." ......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....e drawer at the time the cheque is issued is a material test and if it appears from the circumstances of the drawer that he did not' expect that the cheque would be cashed in normal case, it would be prima facie proof of the intention to cheat". In the present case we have no scope to find either fr......er at the time the cheque is issued is a material test and if it appears from the circumstances of the drawer that he did not' expect that the cheque would be cashed in normal case, it would be prima facie proof of the intention to cheat". In the present case we have no scope to find either from the......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ...... his family, the condemned petitioner cannot be taken to be liable to prove the fact as to how his wife and 3(three) year old daughter met their death by invoking section 106 of the Evidence Act. The onus of proof that it was the condemned petitioner and none else that killed his wife and daughter w..Category: Criminal Law | Date: | Hits: 91
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....s trial can repair the wrong done by grant of interim bail to him but no satisfactory reparation can be afforded to him for his unjustified detention if he is acquitted after trial. Where there is no prima facie case against the accused and the materials on record is of doubtful nature, the accused ......l can repair the wrong done by grant of interim bail to him but no satisfactory reparation can be afforded to him for his unjustified detention if he is acquitted after trial. Where there is no prima facie case against the accused and the materials on record is of doubtful nature, the accused is ent......e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..Category: Criminal Law | Date: | Hits: 95
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......hat from the order sheet of LA Case No.5 of 1972-73 it is apparent that no notice was served upon the owners of the land in question and no compensation was assessed and paid to them. He submits that onus lies upon the Government to establish that the notices of requisition and acquisition were se..Category: Property Law | Date: | Hits: 89
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....erein it has been held:- "After issuance of cheque by any person in favour or drawer the subsequent act of the person drawing, the cheque in stopping the cheque in our opinion does not absolve him prima facie of an alleged offence that without having sufficient fund in the account tie has issued ......it has been held:- "After issuance of cheque by any person in favour or drawer the subsequent act of the person drawing, the cheque in stopping the cheque in our opinion does not absolve him prima facie of an alleged offence that without having sufficient fund in the account tie has issued such a......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..Category: Criminal Law | Date: | Hits: 103
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....ublishing false and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial..................................(12) Lawyers Involved: ......ing false and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial..................................(12) Lawyers Involved: Md. ......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..Category: Criminal Law | Date: | Hits: 81
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......1878) 3 A.C. 582 which are of general application. Those dicta run as follows: "The general rule is expressed in the maxim "Nova Constitution futuris for-mam imponere debet non-practeritis", Prima facie any new law that is made affects future transactions, not past ones. Nevertheless, it is quite......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......8) The established principle of law as regard the burden of proof lies on the party who substantially asserts the affirmative of the issue and not upon the party who denies. The party on whom the onus of proof lies must, in order to succeed, prove by the reliable evidence. He cannot, on failure ..Category: Criminal Law | Date: | Hits: 74
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....09-5-2006 has submitted a report (FRT) No.69 dated 09-5-2006 recommending to release the accused from the charges. The Investigating Officer, one Md. Enamul Haque, SI stating that he did not find any prima facie case against the accused under section 406 /420/109/465/467 of the Penal Code. The said ......006 has submitted a report (FRT) No.69 dated 09-5-2006 recommending to release the accused from the charges. The Investigating Officer, one Md. Enamul Haque, SI stating that he did not find any prima facie case against the accused under section 406 /420/109/465/467 of the Penal Code. The said FRT wa...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..Category: Criminal Law | Date: | Hits: 124
.... the learned Assistant Judge, after hearing the parties and considering the pleadings and evidence on record, dismissed the suit giving elaborate finding that the plaintiffs have neither acquired any prima facie title on the basis of alleged deed of exchange nor have physical possession in the suit ......ule 11 of the Code of Civil Procedure. Even the High Court Division can reject the plaint when it appears that the suit is only for harassment and there is no possibility of success and the plaint ex-facie shows that the suit is not maintainable as all questions and controversies between the parties...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
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Category: Procedural Law | Date: | Hits: 165
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....s consulted that any amount of hazardous materials to which the workers are exposed can be dangerous and that the pollution created by ship breaking is detrimental to the environment. Having been prima-facie satisfied that there was risk to health of the employees working in the process of ship ......ulted that any amount of hazardous materials to which the workers are exposed can be dangerous and that the pollution created by ship breaking is detrimental to the environment. Having been prima-facie satisfied that there was risk to health of the employees working in the process of ship breaki......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......r section 145 of the Code and in that view of the matter, the appointment of the Officer-in-Charge of Dumuria Police Station as the receiver of the disputed property by the Executive Magistrate is ex-facie illegal and against this backdrop, the impugned Judgment and order dated 15-2-2012 passed in C......osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....ice took up the investigation, visited the place of occurrence, prepared sketch map along with Index of the place of occurrence and recorded the statements of the witnesses after examining them and prima-facie case being made out submitted charge sheet against the convict-appellants along with t......ok up the investigation, visited the place of occurrence, prepared sketch map along with Index of the place of occurrence and recorded the statements of the witnesses after examining them and prima-facie case being made out submitted charge sheet against the convict-appellants along with two oth......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......ces the plaintiff ought to have taken necessary steps to prove that those facts exist and to ascertain the genuineness of the "Kabinnama" by producing the original one but she failed to discharge the onus on her. The plaintiff deposing as P.W.1 during her cross-examination even could not say the nam..Category: Family Law | Date: | Hits: 140
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