Search Options
Judgment Advanced Search
Displaying 561-580 of 1543 results.
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....ise is essential and justified by the tests specially laid down in the provision itself. In exercising power under section 561A of the Code of Criminal Procedure this Court will only see if there are prima facie allegations disclosing criminal offence against the accused persons. 10. From the p...... essential and justified by the tests specially laid down in the provision itself. In exercising power under section 561A of the Code of Criminal Procedure this Court will only see if there are prima facie allegations disclosing criminal offence against the accused persons. 10. From the plain r......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..Category: Criminal Law | Date: | Hits: 123
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......ecretary on Current Charge (সচিবের চলতি দায়িত্ব) and therefore the appointment in the post of Secretary in Charge in the absence of any proposal for said post, is ex-facie illegal and without lawful authority and that the Respondent No.5, not being an officer belong......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
Mostafa Vs. State, 2012, 41 CLC (HCD)
....covered country made pipe gun and 6 bullets and other seized it and prepared the seizure list, hence the case. 3. The police of the Nalitabari police station investigated the case and having found prima facie case submitted a charge-sheet against the accused-petitioner under section 19A of the Ar......d country made pipe gun and 6 bullets and other seized it and prepared the seizure list, hence the case. 3. The police of the Nalitabari police station investigated the case and having found prima facie case submitted a charge-sheet against the accused-petitioner under section 19A of the Arms Act...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ..Category: Criminal Law | Date: | Hits: 59
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....did not give any satisfactory answer for possessing such huge quantity of heroin. 4. Ramna Police Station took up investigation of the case. During investigation, the investigating officer found prima facie case against non FIR accuseds Ershad Ahmed, Hanif, Dulal, Md. Jahangir, A. Kamal along w......t give any satisfactory answer for possessing such huge quantity of heroin. 4. Ramna Police Station took up investigation of the case. During investigation, the investigating officer found prima facie case against non FIR accuseds Ershad Ahmed, Hanif, Dulal, Md. Jahangir, A. Kamal along with pr......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 112
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......t negligence. 29. No doubt section 131 of the Negotiable Instruments Act provides protection to a collecting bank for payment received for his customer bonafide or without negligence but the onus of proving good faith or absence of negligence as contemplated by the section is on the banker ..Category: Business or Commercial Law | Date: | Hits: 548
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
.... The learned Joint District Judge, as is mentioned earlier, doubted ejmali character of the Ka and Ga schedule land and refused to appoint receiver with regard to those properties. He, however, was prima facie satisfied about the ejmali character of Kha schedule property and appointed receiver wit......earned Joint District Judge, as is mentioned earlier, doubted ejmali character of the Ka and Ga schedule land and refused to appoint receiver with regard to those properties. He, however, was prima facie satisfied about the ejmali character of Kha schedule property and appointed receiver with rega......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..Category: Civil Law | Date: | Hits: 126
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
...... from the headquarters and when the surgeon had to cross three rivers by country boats. The accused having committed no offence in law or under any of the provisions of the Martial Law Regulations ex facie the entire proceeding is a nullity. There is no evidence on record to show that the prosecutio...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
..
Category: Criminal Law | Date: | Hits: 84
Masum and others Vs. State, 2009, 38 CLC (HCD)
....nt of the witnesses under section 161 of the Code of Criminal Procedure and that he had interrogated the accuseds, and that after considering the statements and other materials on record he found a prima facie against the accused and accordingly submitted charge sheet No.164 dated 14-4-2003 under ......the witnesses under section 161 of the Code of Criminal Procedure and that he had interrogated the accuseds, and that after considering the statements and other materials on record he found a prima facie against the accused and accordingly submitted charge sheet No.164 dated 14-4-2003 under sectio......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....gal, unlawful, void and not binding upon the plaintiff contending, inter alia, that the people of Shalaudi village of Baruhadia union under police station Pakundia, Distsrict Kishorganj established a primary school in the year 1985 under the name "Shaluadia Non-Government Primary School". For smooth......g the Headmaster of the school has no locus standi to file a suit challenging the formation of the managing committee of the school. He further submitted that the plaintiff failed to make out a prima facie and arguable case. He further submitted that the committee having started functioning since be......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ..Category: Civil Law | Date: | Hits: 107
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....ctions, 2, 3, 4 (Kha), 5, 6 and 7 of the Impugned Acts, the deletion of the words "Local Government" from the long title and from Section 1(1), 2(Uo), 3 and 7 of the three Original Acts of 1989, have prima facie taken the Rangamati, Khagrachari and Bandarban administrative units outside the purview ......, 2, 3, 4 (Kha), 5, 6 and 7 of the Impugned Acts, the deletion of the words "Local Government" from the long title and from Section 1(1), 2(Uo), 3 and 7 of the three Original Acts of 1989, have prima facie taken the Rangamati, Khagrachari and Bandarban administrative units outside the purview of Loc......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....edly been pointed out in a number of decisions, should be extremely reluctant to interfere in a case where competent Court has, after examining the evidence adduced before it, come to the view that a prima facie case is disclosed and has framed charges or summoned the accused to appear, unless it ca......een pointed out in a number of decisions, should be extremely reluctant to interfere in a case where competent Court has, after examining the evidence adduced before it, come to the view that a prima facie case is disclosed and has framed charges or summoned the accused to appear, unless it can be s......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
.....C. Kotwali for taking necessary action. Thereafter, Kotwali Police Station Case No.125 dated 28.5.2007 was recorded. Police after investigation submitted final report (FRT) against the accused as no prima facie case was made out against the accused. On 29.8.2007, the learned Magistrate, Cognizance ......twali for taking necessary action. Thereafter, Kotwali Police Station Case No.125 dated 28.5.2007 was recorded. Police after investigation submitted final report (FRT) against the accused as no prima facie case was made out against the accused. On 29.8.2007, the learned Magistrate, Cognizance Court ......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....eque not negotiable. Therefore, 'account payee' crossed cheque is a negotiable instrument and Government by section 1A of the Act. 14. In view of the discussions made above we find that there is a prima facie case against the accused-petitioner for the offence committed under section 138 of the N......ot negotiable. Therefore, 'account payee' crossed cheque is a negotiable instrument and Government by section 1A of the Act. 14. In view of the discussions made above we find that there is a prima facie case against the accused-petitioner for the offence committed under section 138 of the Negotia......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ..Category: Criminal Law | Date: | Hits: 138
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......Almas Ali reported in 21 DLK (WP) 333 a follows; "It was next contended by learned counsel that taking into consideration the circumstances of the case, which he enumerated as under, the initial onus on the subsequent vendee can be safely held to have been discharged:- (1) Muhammad Hussain S..Category: Property Law | Date: | Hits: 119
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
.... Akter but we failed to discover any incriminating materials or even any sorts of complicity against the petitioner in respect of murder. Therefore, the averments made in the first information report prima facie appears to be doubtful. 8. It is well settled that even in a murder case bail cannot ...... but we failed to discover any incriminating materials or even any sorts of complicity against the petitioner in respect of murder. Therefore, the averments made in the first information report prima facie appears to be doubtful. 8. It is well settled that even in a murder case bail cannot be wit......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ..Category: Criminal Law | Date: | Hits: 98
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....lready began at 11.00 am. The Rule that has been issued in the said writ petition was discharged on merit on 5-3-2009. The Chief Metropolitan Magistrate, Dhaka on examination of the complainant found prima facie case and therefore took cognizance in the concerned compliant case and issued summons ...... began at 11.00 am. The Rule that has been issued in the said writ petition was discharged on merit on 5-3-2009. The Chief Metropolitan Magistrate, Dhaka on examination of the complainant found prima facie case and therefore took cognizance in the concerned compliant case and issued summons upon t...... was a promoter-director during the period of 2-6-1999 to 14-8-2005. And at the time of incorporation of the Bank his number of share was 100,000 @ Taka 100 per share and that number of share with bonus shares, stood at 3,25,000 on 16-11-2008. The Government through Circular No.BRPD No.8 & 12 ..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....cused from planned harassment which is a necessary concomitant of a protracted Criminal trial. The object of section 265C of the Code of Criminal Procedure is to inquire the materials on record for prima facie satisfaction of the Court as to whether the accused should be discharged or proceeded ......from planned harassment which is a necessary concomitant of a protracted Criminal trial. The object of section 265C of the Code of Criminal Procedure is to inquire the materials on record for prima facie satisfaction of the Court as to whether the accused should be discharged or proceeded agains......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..Category: Criminal Law | Date: | Hits: 99
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
..... He next refers to the case of Abdus Shukur Vs. State reported in 16 DLR 148 wherein a Division Bench of this Court relying upon the decision of 12 DLR (SC) 156 held, "a retracted confession is prima facie a confession which, as to its voluntary character or truth or both, if challenged by its......ext refers to the case of Abdus Shukur Vs. State reported in 16 DLR 148 wherein a Division Bench of this Court relying upon the decision of 12 DLR (SC) 156 held, "a retracted confession is prima facie a confession which, as to its voluntary character or truth or both, if challenged by its maker......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....Ahmed before the Magistrate where he made a confessional statement recorded under section 164 Cr.P.C., that on completion of inquiry he submitted charge sheet against the accused persons on finding a prima facie case against them. During the cross‑examination for the accused Emdad he stated that a......before the Magistrate where he made a confessional statement recorded under section 164 Cr.P.C., that on completion of inquiry he submitted charge sheet against the accused persons on finding a prima facie case against them. During the cross‑examination for the accused Emdad he stated that at 1‑......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..Category: Criminal Law | Date: | Hits: 131
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....Division under Section 561A of the Code is not permissible to be invoked for quashment of the proceeding at the stage before framing of the charge when the F.I.R. or the petition of complaint itself, prima facie, discloses offence as alleged. 14. Section 265C in Chapter XXIII of the Code speaks o......on under Section 561A of the Code is not permissible to be invoked for quashment of the proceeding at the stage before framing of the charge when the F.I.R. or the petition of complaint itself, prima facie, discloses offence as alleged. 14. Section 265C in Chapter XXIII of the Code speaks of disc......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..Category: Criminal Law | Date: | Hits: 108
79887983797479627957794979287921791879077905790479037891788778827881787778757872