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Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)

....ed Advocate for opposite party 2, but he did not feel to appear. However Mr. A. S. M. Fazle Rabbi Khan, learned Assistant Attorney General appears for the Opposite Party-State and submits that when a prima facie case under section 138 of the Negotiable Instrument Act is made out i.e. a cheque is bou......ocate for opposite party 2, but he did not feel to appear. However Mr. A. S. M. Fazle Rabbi Khan, learned Assistant Attorney General appears for the Opposite Party-State and submits that when a prima facie case under section 138 of the Negotiable Instrument Act is made out i.e. a cheque is bounced, ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....law at any stage of the proceedings. 13. We cannot overlook the fact that the pri­mary function of the judiciary is to do justice between the parties who bring their causes before it. If the primary function of the Court is to do jus­tice in respect of causes brought before it, then on ......son. 39.  Rule 19 enjoins the Chief Prosecutor to hold further investigation or to stop the investiga­tion being conducted by the investigation officer if the latter does not find prima facie case against an accused person. These provisions show that the powers of the investigation off...... For the reason stated above, we find no merit in these review petitions. The petitions are accord­ingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15

Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)

.... of the learned Advocates, perused the impugned judgment and the materials on record. 10. The salient findings of the High Court Division, in brief, are: The 3rd party was able to prove his prima facie title to the suit land and he was in possession of the suit land through his tenant Md. ......e learned Advocates, perused the impugned judgment and the materials on record. 10. The salient findings of the High Court Division, in brief, are: The 3rd party was able to prove his prima facie title to the suit land and he was in possession of the suit land through his tenant Md. Golam ......ia­tion of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..

Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33

Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)

.... the statutory period and thereafter, the complainant filed the petition of complaint. The concerned Metropolitan Magistrate on examina­tion of the complainant under section 200 of the Code found prima facie case against the accused and took cognizance of the offence against him under section 13......tatutory period and thereafter, the complainant filed the petition of complaint. The concerned Metropolitan Magistrate on examina­tion of the complainant under section 200 of the Code found prima facie case against the accused and took cognizance of the offence against him under section 138 of t......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ..

Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....shed a false institution in the name and style "Satsang Bangladesh, D. Pakutia" at Ghatail Upazila of Tangail district and obtained registration collusively in the year of 1991. There is no prima-facie arguable case in favour of the plaintiff and balance of convenience and inconvenience li...... false institution in the name and style "Satsang Bangladesh, D. Pakutia" at Ghatail Upazila of Tangail district and obtained registration collusively in the year of 1991. There is no prima-facie arguable case in favour of the plaintiff and balance of convenience and inconvenience lies in ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......nal analysis would have to depend upon its own facts. Although the benefit of every reasonable doubt should be given to the accused, the courts should not at the same time reject evidence which is ex facie trustworthy on grounds which are fanciful or in the nature of conjectures". 43. In f......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....AE to hold an inquiry into the allegations and accordingly he held a detailed inquiry there­into as per the order dated 16-3-2008 passed by the Anti-Corruption Commission (ACC) and found the same prima facie true. One of the alle­gations was that the accused-appellant hired a house at Mangro......hold an inquiry into the allegations and accordingly he held a detailed inquiry there­into as per the order dated 16-3-2008 passed by the Anti-Corruption Commission (ACC) and found the same prima facie true. One of the alle­gations was that the accused-appellant hired a house at Mangrove vil......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......tional functionaries of the Republic. Firstly, because the impugned registration (having the force of law) of BJI as a political party and its objectives as laid down in its party constitution are ex-facie violation of the basic structure of the Constitution of the People's Republic of Banglades......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......r less political expediency, could justify an otherwise illegal act to be done or continued as such by a constitutional authority like the Election Commission. The impugned registration thus being ex facie and ab intio void is liable to be struck down. 9. Mr. Mohsen Rashid, learned Advocate, ap......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

....d submitted and argued extensively on merit in each such case, the Labour Court, how­ever, on the question of jurisdiction based on its reading of section 33 and section 213 of the Act found on a prima facie cause of action arising in each case. That Court proved hesitant to abdicate its jurisdi......itted and argued extensively on merit in each such case, the Labour Court, how­ever, on the question of jurisdiction based on its reading of section 33 and section 213 of the Act found on a prima facie cause of action arising in each case. That Court proved hesitant to abdicate its jurisdiction ......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

....atutory period of 30 days, cause of action arose and the complainant-opposite party filed the instant petition on 20.10.2008. Accordingly, the Magistrate has examined the complainant and having found prima facie case against the accused, took cognizance of the offence under section 138 of the Negoti......y period of 30 days, cause of action arose and the complainant-opposite party filed the instant petition on 20.10.2008. Accordingly, the Magistrate has examined the complainant and having found prima facie case against the accused, took cognizance of the offence under section 138 of the Negotiable I...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ......nt Rule. 7. Mr. Md. Abdun Nur, the learned counsel appearing for the petitioner after placing the peti­tion and the order impugned against mainly argued that the order impugned against is ex facie illegal being not in keeping with the provision of section 19 of Ain. In elaborating his submi......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....aka is not de-barred from taking fresh cog­nizance of the case against the accused if he gets or obtains a valid and legal sanction from the Government for taking cognizance of the case and finds prima facie case. 37. In this connection it is, pertinent to be reiterated that a criminal offe...... not de-barred from taking fresh cog­nizance of the case against the accused if he gets or obtains a valid and legal sanction from the Government for taking cognizance of the case and finds prima facie case. 37. In this connection it is, pertinent to be reiterated that a criminal offence ne......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....nspection of this Frigate and a team of Bangladesh Navy visited Belgium and Argentina in 1995. In 1995 -1996 another 10 offers were received and another committee was formed in July, 1996, who made a primary selection of five offers, as the offer of the Deawoo was not in the said five as it did not ......not provide 2 (two) 40 mm Gun in accordance with the terms of the contract. Despite of these difficulties the Government received this Frigate and it was then commissioned on 16.6.2001. Finding prima facie case against these accused petitioners and others. The Investigating Officer submitted charge ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Badsha Mia Vs. State, 2013, 42 CLC (HCD)

....s. Amal Chandra Mondal reported in 13 BLD (AD) 28 in support of his contention. 8.  Mr. KM Zahid Sarwar, the learned Deputy Attorney-General for the state opposing the Rule submits that the prima facie case has been made out against the petitioners so the case cannot be quashed without tak......l Chandra Mondal reported in 13 BLD (AD) 28 in support of his contention. 8.  Mr. KM Zahid Sarwar, the learned Deputy Attorney-General for the state opposing the Rule submits that the prima facie case has been made out against the petitioners so the case cannot be quashed without taking ev......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ..

Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4

Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)

....ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......n­ly excludes the notion that these time limits were of merely secondary importance in the bargain and that to disregard them would be to disregard nothing that lay as its foundation. "Prima facie, equity treats the importance of such time limits as being sub-ordinate to the main purpose of......ismissed. The appeal is dismissed with the above mod­ification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ..

Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42

Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)

..... 10. Having due regard to the facts, circumstances and legal aspects discussed above, we are led to hold that the impugned proceeding is not liable to be quashed in view of existence of a clear prima-facie case against the accused-petitioner to attract the offences under sections 26(2) and 27(...... 10. Having due regard to the facts, circumstances and legal aspects discussed above, we are led to hold that the impugned proceeding is not liable to be quashed in view of existence of a clear prima-facie case against the accused-petitioner to attract the offences under sections 26(2) and 27(1) of ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6

Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)

....llah-al-Zahid being appointed as 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 receiving sanction letter dated 25-4-2004 from the Gover......l-Zahid being appointed as 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 receiving sanction letter dated 25-4-2004 from the Govern­...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8

Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)

...., the question of acquisition of properties dis­proportionate to his known sources of income does not arise. So, the impugned proceeding based on such perfunctory investigation contain­ing no prima facie case, cannot stand good to pro­ceed with. It is further submitted that the Investiga......question of acquisition of properties dis­proportionate to his known sources of income does not arise. So, the impugned proceeding based on such perfunctory investigation contain­ing no prima facie case, cannot stand good to pro­ceed with. It is further submitted that the Investigating O......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108.   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....nder section 2/4(2) of the Money Laundering Protirodh Ain, 2009 was started. Said Mohammad Ibrahim, the officer of Anti-Corruption Commission, after investigation into the case having found prima-facie case on 5-7-2010 submitted charge-sheet against the present petitioner and another under......ection 2/4(2) of the Money Laundering Protirodh Ain, 2009 was started. Said Mohammad Ibrahim, the officer of Anti-Corruption Commission, after investigation into the case having found prima-facie case on 5-7-2010 submitted charge-sheet against the present petitioner and another under secti......warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11