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Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
.... map which is marked as exhibit-3 and the index witch is marked as exhibit 4 and he recorded the statements of the witnesses under section 161 of the Code of criminal procedure and thereafter finding prima facie case submitted charge sheet against the accused. 23. In the cross examination, he sta......hich is marked as exhibit-3 and the index witch is marked as exhibit 4 and he recorded the statements of the witnesses under section 161 of the Code of criminal procedure and thereafter finding prima facie case submitted charge sheet against the accused. 23. In the cross examination, he stated: ŕ...... not fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon………………(25) Burden of Proof in a Criminal Trial The party on whom the onus of proof lies must, in order to succeed, must have to prove the case beyond reasonable doubt. H..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....also the statements of witnesses under Section 161 of the Code of Criminal Procedure seized alamats, arrested the accused persons and forwarded them to the Court. During investigation he found a good prima facie case against all the accused persons. He also seized a plastic gallon Garikon, from the ......he statements of witnesses under Section 161 of the Code of Criminal Procedure seized alamats, arrested the accused persons and forwarded them to the Court. During investigation he found a good prima facie case against all the accused persons. He also seized a plastic gallon Garikon, from the posses......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..Category: Criminal Law | Date: | Hits: 103
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......on of the sarees has been proved, the explanation to sub‑section (2) of section 25B shall be applicable in this case. Moreover, when the accused claimed that the sarees were Bangladeshi sarees, the onus of proving those sarees as Bangladeshi sarees will be partly on the accused. In view of the exp..Category: Criminal Law | Date: | Hits: 79
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....rty, the relief is available to a person who is in possession. The Court may enquire incidentally into the respective claims of the parties to the suit for determining whether the plaintiff has got a prima facie case, i.e. whether is in possession of the disputed property and entitled to the specifi......he relief is available to a person who is in possession. The Court may enquire incidentally into the respective claims of the parties to the suit for determining whether the plaintiff has got a prima facie case, i.e. whether is in possession of the disputed property and entitled to the specific reli....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
.... of discussion at one stage the accused became furious and refused to pay the dues of the complainant and threatened him for dire consequences. In such state of affairs, the informant filed this case primarily before the Chief Metropolitan Magistrate, Dhaka, which was sent to the Paltan Police Stati......5 MLR (HCD) 218. 11. Mr. Mamunor Rashid, the learned Assistant Attorney General on behalf of the State-Opposite-party submits that the allegations as made out in the first information report prima-facie constiÂtute the offence or cheating and that the present dispute is not civil in nature for w......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necesÂsary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..Category: Criminal Law | Date: | Hits: 104
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....ubmits that the petitioner confessed her guilt which was recorded by a competent Magistrate and her presence in Bangabhaban coupled with the confessional statement of other accused‑persons made her prima facie liable for the offence alleged. He also submits that in this case though the petitioner ...... that the petitioner confessed her guilt which was recorded by a competent Magistrate and her presence in Bangabhaban coupled with the confessional statement of other accused‑persons made her prima facie liable for the offence alleged. He also submits that in this case though the petitioner is not......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..Category: Criminal Law | Date: | Hits: 82
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....arned Special Judge is to address the Chairman of the Durniti Daman Commission for sanction and if so addressed, the Commission under sub-rule (3) of rule 15 of the Bidhimala will accord sanction. As prima-facie case under section 409 of the Penal Code has been made out against the petitioner, he mu......Special Judge is to address the Chairman of the Durniti Daman Commission for sanction and if so addressed, the Commission under sub-rule (3) of rule 15 of the Bidhimala will accord sanction. As prima-facie case under section 409 of the Penal Code has been made out against the petitioner, he must be ......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....hanged her dead body with the ceiling fan. 3. On receipt of the First Informant Report (hereinafter referred to as FIR) of the case police took up Investigation of the case and after investigation prima facie case having been made out against the accused-persons submitted charge under section 11 ...... her dead body with the ceiling fan. 3. On receipt of the First Informant Report (hereinafter referred to as FIR) of the case police took up Investigation of the case and after investigation prima facie case having been made out against the accused-persons submitted charge under section 11 (ka)/3......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ..Category: Criminal Law | Date: | Hits: 97
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....irming the order of learned Joint District Judge. 10. Mr. Hassan M.S. Azim, the learned Advocate for the opposite party No.1 on the other hand submitted that the plaintiff has been able to make out a prima facie and arguable case in favour of getÂting an order of injunction status quo. He further s...... the order of learned Joint District Judge. 10. Mr. Hassan M.S. Azim, the learned Advocate for the opposite party No.1 on the other hand submitted that the plaintiff has been able to make out a prima facie and arguable case in favour of getÂting an order of injunction status quo. He further submitt......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..Category: Civil Law | Date: | Hits: 115
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....aÂture thereon as ext.3/1. He further stated that as the investigating officer into the case he prepared sketch map of the place of occurrence and index thereof. He examÂined the local witnesses. A prima facie case having been proved, he submitted charge sheet against them on 25-10-2004. He proved......e thereon as ext.3/1. He further stated that as the investigating officer into the case he prepared sketch map of the place of occurrence and index thereof. He examÂined the local witnesses. A prima facie case having been proved, he submitted charge sheet against them on 25-10-2004. He proved the s......o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
.... shall not give a hearÂing to a petition for winding up of a company by a contingent or prospecÂtive creditor until such security for costs has been given as the Court thinks reasonable and until a prima facie case for winding up has been established to the satisfaction of the Court." 37. On a ...... not give a hearÂing to a petition for winding up of a company by a contingent or prospecÂtive creditor until such security for costs has been given as the Court thinks reasonable and until a prima facie case for winding up has been established to the satisfaction of the Court." 37. On a plain ......opy of this order be forÂwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..Category: Company Law | Date: | Hits: 164
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....is duly signed C.R.F (clean report fine on 5.3.2002 showing the date inspection in London on 30.01.2002 although, the defendant No.1 received the final documents on 28.02.2002 from the supplier which prima facie shows that no inspection of the goods was held by defendant Nos.1 and 2 and the value of......y signed C.R.F (clean report fine on 5.3.2002 showing the date inspection in London on 30.01.2002 although, the defendant No.1 received the final documents on 28.02.2002 from the supplier which prima facie shows that no inspection of the goods was held by defendant Nos.1 and 2 and the value of the g......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, howÂever, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ..Category: Fiscal/Taxation Law | Date: | Hits: 156
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
.... If, on the other hand, the object of a creditor in applying for winding up a debtor‑company is to bring pressure on it then it is an abuse of legal process and by itself sufficient to displace the prima facie position that a creditor is entitled ex debito justitiae to winding up order. "It is wro......n the other hand, the object of a creditor in applying for winding up a debtor‑company is to bring pressure on it then it is an abuse of legal process and by itself sufficient to displace the prima facie position that a creditor is entitled ex debito justitiae to winding up order. "It is wrong to ......ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ..Category: Company Law | Date: | Hits: 145
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....er of the High Court Division staying operation of the order of the re-investigation is without any legal effect. He further submits that after submission of the charge-sheet by the police disclosing prima facie offence against the four accused opposite parties, the learned Magistrate committed an i......the High Court Division staying operation of the order of the re-investigation is without any legal effect. He further submits that after submission of the charge-sheet by the police disclosing prima facie offence against the four accused opposite parties, the learned Magistrate committed an illegal......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..Category: Criminal Law | Date: | Hits: 93
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....d an FIR was lodged by P.W.1 Shafiqul Islam. Police visited the place of occurrence, prepared a sketch map and index thereof, examined the witnesses under section 161 Cr.P.C. and thereafter finding a prima facie case against the accused appellants and others submitted the charge‑sheet. 3. In th......IR was lodged by P.W.1 Shafiqul Islam. Police visited the place of occurrence, prepared a sketch map and index thereof, examined the witnesses under section 161 Cr.P.C. and thereafter finding a prima facie case against the accused appellants and others submitted the charge‑sheet. 3. In this cas......tion 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:49 DLR (HCD) (1997) 245. ..Category: Criminal Law | Date: | Hits: 87
....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......ity. It is further stated that the so-called Williamsburg University which is owned by Global has not given any authority to the Respondent No.5 to provide distance learning on online degrees and the onus is upon the said respondent to prove that such authority has been given to the said respondent ..
Category: Others | Date: | Hits: 146
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....person Bachhu with a 27 inch country made Gun. 3. Police commenced investigation and visited the place of occurrence, made sketch map along with index and upon finding guilt of the accused person, prima facie, submitted charge sheet being No.125 on 06.4.2003 under Section 19A of the Arms Act, 187...... Bachhu with a 27 inch country made Gun. 3. Police commenced investigation and visited the place of occurrence, made sketch map along with index and upon finding guilt of the accused person, prima facie, submitted charge sheet being No.125 on 06.4.2003 under Section 19A of the Arms Act, 1878. ......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ..Category: Criminal Law | Date: | Hits: 115
Chandra Banu wife of Lalu Mallick Vs. State and anÂother, 1982, 11 CLC (HCD)
....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:Â 35 DLR (HCD) (1983) 70. ......Magistrate to have passed a judicial order upon a communication sent by the Superintendent of Police to the Court InsÂpector, Patuakhali. We are, therefore, satisÂfied that the impugned order is ex-facie illegal and cannot be sustained in law. 4. In the result, the impugned order dated 30.8.78 ......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:Â 35 DLR (HCD) (1983) 70. ..Category: Criminal Law | Date: | Hits: 94
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......count of suspension of the work for 40 days. The contractor also claimed certain amount of money on account of increase in price of cement and MS rod. The respondent No.1 contractor also claimed for bonus for early completion of the said project. During the course of execution of the project the con..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....aluation of the suit is concerned he found that Tk. 18,000/- has been recorded as the amount of consideraÂtion in the impugned deed. He further held that the impugned deed being a registered one the prima facie presumption will be that it is a valid one unless and until it is declared void by a com......on of the suit is concerned he found that Tk. 18,000/- has been recorded as the amount of consideraÂtion in the impugned deed. He further held that the impugned deed being a registered one the prima facie presumption will be that it is a valid one unless and until it is declared void by a competent......The valuation matter is decided in favour of the plaintiff and the learÂned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ..Category: Civil Law | Date: | Hits: 123
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