Search Options
Judgment Advanced Search
Displaying 521-540 of 1543 results.
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......nd the procedure adopted by the Executive Magistrate in trying him was in contravention of the provisions of section 7 of the Ain and against this backdrop, the conviction of the petitioner is ex-facie null and void. 9. On the contrary, Mr. Md. Khurshedul Alam, learned Deputy Attorney-General...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....ence prepared the sketch map of the place of occurrence along with index. He also examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and a strong prima-facie case having been found against the accused he submitted charge-sheet, on 22.2.2001. In c......repared the sketch map of the place of occurrence along with index. He also examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and a strong prima-facie case having been found against the accused he submitted charge-sheet, on 22.2.2001. In cross-e...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....on of the occurrence has some importance in the prosecution case. It can be used to contradict the witnesses under Section 145 of the Evidence Act. Thus, from the above discussion it appears that the primary cause of holding inquest is to ascertain the cause of death, whether it is accidental, suici......rearms and 27 cartridges and to record his statement under Section 164 of the Code of Criminal Procedure, he witness produced accused Mobarak before the learned Magistrate. The case having been prima facie found to be true, he submitted charge sheet against the accuseds. 80. In cross-examination ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
.... the trial Court framed the following issues: 1. Whether the suit was maintainable in its present form and manner? 2. Whether the suit was barred by limitation? 3. Whether the plaintiffs had prima facie title and exclusive possession in the suit land? 8. Plaintiffs in order to prove thei......rial Court framed the following issues: 1. Whether the suit was maintainable in its present form and manner? 2. Whether the suit was barred by limitation? 3. Whether the plaintiffs had prima facie title and exclusive possession in the suit land? 8. Plaintiffs in order to prove their case......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....rough constables, seized the alamats through seizure list, recorded the statements of witnesses under section 161 of the Code or Criminal Procedure, examined the post mortem report and having found prima facie case submitted the charge sheet against the accused persons. 37. In the cross examina......constables, seized the alamats through seizure list, recorded the statements of witnesses under section 161 of the Code or Criminal Procedure, examined the post mortem report and having found prima facie case submitted the charge sheet against the accused persons. 37. In the cross examination, ...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....rned Assistant Attorney-General however, submitted that tagging section 37 with the notice issued under section 55 of the VAT Act did neither make the notice ex-facie bad nor mala fide when there was prima facie evasion of VAT against the petitioner.
8. Secondly, he submitted that no writ would ......o show cause as to why the petitioner would not be punished under section 37 of the said Act.
5. Mr. Mahmudul Islam, learned Senior Advocate appearing for the petitioner, submits that notice is ex-facie bad and unauthorized since such notice could not lawfully be issued by any VAT authority under......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....ce. 2. The petitioner is stated to be a charitable society registered under the Societies Registration Act, 1860, and runs different projects for the advancement of education, health, welfare etc, primarily for the poorest segment of rural people. Its funds constitute mainly of donations from ben......ing to exercise its power to grant waiver, under Section 158 (2) (b) of the Ordinance as it was applicable in the assessment year 1998-99 on the omission of that power by the finance Act, 2000 was ex-facie bad, illegal and unauthorized, and therefore, void. 10. She also submitted that the right t......the organisation is receiving from such charitable office of the organization; and received a sum of taka 1,00,000.00 as monthly salary and taka 1,00,000.00 as monthly technical allowance and yearly bonus of taka 2,00,000.00 from July, 2006 to June, 2007. It further appears from the salary, statemen..Category: Fiscal/Taxation Law | Date: | Hits: 171
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land……………………….(9) Whethe......, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land……………………….(9) Whether a de......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......and, the alleged sale deed was registered at a remote Sub-Registrar's office at Palong, which had no jurisdiction as per Registration Act to register the impugned kabala and, as such, said deed is ex facie mala fide and illegal. The learned Advocate further submits that where no part of property to ......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......stem is the innocence of the alleged accused and he should be presumed to be innocent until the charges are proved beyond reasonable doubt on the basis of clear, cogent and credible evidence and that onus of proving everything essential to the establishment of charge against accused lies upon the pr..Category: Criminal Law | Date: | Hits: 74
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
.... Bhuiyan, the learned Counsel appearing for the appellant, submits that the appointment of Mr. Justice Abdur Rahman Chowdhury as the sole Arbitrator under section 9(b) of the Arbitration Act, 1940 is prima facie illegal and consequently, all actions taken by him in connection with the arbitration ca......an, the learned Counsel appearing for the appellant, submits that the appointment of Mr. Justice Abdur Rahman Chowdhury as the sole Arbitrator under section 9(b) of the Arbitration Act, 1940 is prima facie illegal and consequently, all actions taken by him in connection with the arbitration case mus......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ...... section 19(a) and (f) of the Arms Act by this Tribunal for want of jurisdiction. 4. Considering the facts and the submission of the learned Advocate as well as the provisions of law it appears ex facie that the charges as framed by the Tribunal, particularly the charges framed under section 19(a......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ..Category: Criminal Law | Date: | Hits: 79
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
.... 3. During investigation, the Investigating Officer went to the place of occurrence and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having found a prima facie case, the Investigating Officer submitted charge sheet being No.174 dated 22-5-2005 agai......uring investigation, the Investigating Officer went to the place of occurrence and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having found a prima facie case, the Investigating Officer submitted charge sheet being No.174 dated 22-5-2005 against th......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..Category: Criminal Law | Date: | Hits: 92
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....s of the case, but passed the orders only on surmises. 22. In this view of the mater, the decisions referred to above by the learned Advocate for the petitioners to support his contention that the prima facie onus is on the plaintiffs to have served the summons or notices upon the defendants but ......he case, but passed the orders only on surmises. 22. In this view of the mater, the decisions referred to above by the learned Advocate for the petitioners to support his contention that the prima facie onus is on the plaintiffs to have served the summons or notices upon the defendants but we do ......ctures and as such, the judgments and orders suffer from material irregularities for which the same are liable to be set aside. 11. The learned Advocate for the petitioner further submits that the onus lies on the plaintiff to prove the service of summons upon the defendants but the plaintiff did..Category: Procedural Law | Date: | Hits: 133
....nations to issue show cause notice to delinquent examinees and they replied in time. The Discipline Board considered the explanations in the light of facts as found by the Enquiry Committee and found prima facie case of the examination offences, such as smuggling in scripts with the procured signatu......s to issue show cause notice to delinquent examinees and they replied in time. The Discipline Board considered the explanations in the light of facts as found by the Enquiry Committee and found prima facie case of the examination offences, such as smuggling in scripts with the procured signatures of......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....itted an error of law in not decreeing the suit against the defendant Nos.2 and 3 only not against the petitioner. 10. The contention of the plaintiff opposite parties is that the plaintiffs have, prima facie, title and possession in the suit land and defendant Nos.2 and 3 have no right, title an......an error of law in not decreeing the suit against the defendant Nos.2 and 3 only not against the petitioner. 10. The contention of the plaintiff opposite parties is that the plaintiffs have, prima facie, title and possession in the suit land and defendant Nos.2 and 3 have no right, title and poss......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....al Procedure, seized the Alamats and prepared the seizure list, which he identified along with his signature as Exhibit 2(c). He further deposed that since the charge against the appellant appeared prima-facie to be true, he filed charge sheet against him on 6-2-2003. 39. During cross-examinati......cedure, seized the Alamats and prepared the seizure list, which he identified along with his signature as Exhibit 2(c). He further deposed that since the charge against the appellant appeared prima-facie to be true, he filed charge sheet against him on 6-2-2003. 39. During cross-examination, P.......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....cer suspected the accused-petitioner and on his prayer he was shown arrest in this case by an order of the Court on 03.12.2006 and during investigation allegations against the accused-petitioner were prima facie proved and thus submitted charge sheet. Mr. Mobin further submitted that trial had alrea......spected the accused-petitioner and on his prayer he was shown arrest in this case by an order of the Court on 03.12.2006 and during investigation allegations against the accused-petitioner were prima facie proved and thus submitted charge sheet. Mr. Mobin further submitted that trial had already com......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ..Category: Criminal Law | Date: | Hits: 88
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......ssed the suit. The point involved in that case was whether the time should be of the essence of the contract from what has passed between the parties. The Privy Council observed as follows: "Prima facie, equity treats the importance of such time limits as being subordinate to the main purpose of ...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....he accused-petitioner. 8. On the other hand Ms. Nahid Mahtab, the learned Advocate appearing for the opposite party No-2 opposes the Rule and very strenuously submits that the FIR itself discloses prima-facie case of committing offence by the accused-petitioner and upon investigation the very Inv......used-petitioner. 8. On the other hand Ms. Nahid Mahtab, the learned Advocate appearing for the opposite party No-2 opposes the Rule and very strenuously submits that the FIR itself discloses prima-facie case of committing offence by the accused-petitioner and upon investigation the very Investiga......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..Category: Procedural Law | Date: | Hits: 86
81588156815581528151814681428136811781168109810881058098809680928091807980768068