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Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....rate examined 8 witnesses including the Investigating Officer, discharged accused petitioner Mollah under section 209 Cr.P.C. (since repealed) on a finding that the prosecution could not make out any prima facie case against him and committed the remaining four accused persons to the Court of Sessio......xamined 8 witnesses including the Investigating Officer, discharged accused petitioner Mollah under section 209 Cr.P.C. (since repealed) on a finding that the prosecution could not make out any prima facie case against him and committed the remaining four accused persons to the Court of Session for ...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..Category: Criminal Law | Date: | Hits: 92
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... allegation that they were selling Dust Fish at the higher rate than that of the rate as fixed by the Government. The informant party seized some papers from the concerned office and found allegation prima facie true. Thereafter lodged the FIR. Accordingly the instant PS Case dated 18-4-2008 and cor......ation that they were selling Dust Fish at the higher rate than that of the rate as fixed by the Government. The informant party seized some papers from the concerned office and found allegation prima facie true. Thereafter lodged the FIR. Accordingly the instant PS Case dated 18-4-2008 and correspon......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...Category: Anti-Corruption Laws | Date: | Hits: 142
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37....... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37....... in 1 BLC 102. He also submitted that since the defendant No.2 issued Memo under section 92(1)(c) of the SAT Act, extinguishing the proprietary right in the suit land declaring the same as Khas land, onus lies on the defendants to prove that the original raiyats abandoned the suit land without makin..Category: Property Law | Date: | Hits: 147
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....2 of the Penal Code. The police took up the investigation of the case, examined witnesses under section 161 CrPC, prepared a sketch‑map of the place of occurrence with index and thereafter having a prima facie case against the accused appellant under section 302 of the penal Code read with section......he Penal Code. The police took up the investigation of the case, examined witnesses under section 161 CrPC, prepared a sketch‑map of the place of occurrence with index and thereafter having a prima facie case against the accused appellant under section 302 of the penal Code read with section 6 of ......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......r of detention, Khanna J. held in that decision as follows:— "If in a given case the time lag between prejudicial activity of a detenu and the detention order made because of that activity is ex facie long, the detaining authority should explain the delay in the making of the detention order wi......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153...Category: Criminal Law | Date: | Hits: 109
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....n 29.12.86 and the documents required under notice dated 21.4.86 were produced before the opposite party No.4 Abdul Khaleque, Inspector, District Anti-Corruption Bureau on 19.1.87. But by this time prima facie offence punishable under section 175 of the Penal Code had already been committed. ......2.86 and the documents required under notice dated 21.4.86 were produced before the opposite party No.4 Abdul Khaleque, Inspector, District Anti-Corruption Bureau on 19.1.87. But by this time prima facie offence punishable under section 175 of the Penal Code had already been committed. 8. A......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summarily. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......ndants are found to be defaulters. 8. He has next submitted that when the relationship of the landlord and the tenant is established and the landlord makes an allegation of default the onus will be on the tenant and as such the defendants have to prove that they are entitled to protec..Category: Tenancy Law | Date: | Hits: 214
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....stigating officer to investigate the case, but on her transfer, subsequently PW 8 Sub-Inspector Abdur Rouf was appointed as 2nd investigating officer, who completed the investigation and having found prima facie case against him had submitted the charge sheet being charge sheet No.236 dated 31-10-20......ing officer to investigate the case, but on her transfer, subsequently PW 8 Sub-Inspector Abdur Rouf was appointed as 2nd investigating officer, who completed the investigation and having found prima facie case against him had submitted the charge sheet being charge sheet No.236 dated 31-10-2001 und......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....da Zia. Accordingly, in 1995-96 the DGDP received eight offers. A committee was then formed with the COS of Navy to examine the offers. The committee found frigates offered from Belgium and Argentina prima facie acceptable and recommended inspection and accordingly a team visited Belgium and Argenti....... Accordingly, in 1995-96 the DGDP received eight offers. A committee was then formed with the COS of Navy to examine the offers. The committee found frigates offered from Belgium and Argentina prima facie acceptable and recommended inspection and accordingly a team visited Belgium and Argentina in ......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..Category: Criminal Law | Date: | Hits: 106
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......owledge of the transfer if no notice has been served under section 89 of the Act. When the pre-emptee in his written objection specifically pleaded that notice of transfer was given to the pre-emptor onus was squarely upon him to prove the same. Now let us see whether the pre-emptee proved the said ..Category: Property Law | Date: | Hits: 138
....l. In the instant case, the circumstances are totally different, here a naraji petition was filed and on the basis of that petition the learned Magistrate held judicial inquiry and when he found that prima facie case made out he took cognizance against all the First Information Report named accused ......the instant case, the circumstances are totally different, here a naraji petition was filed and on the basis of that petition the learned Magistrate held judicial inquiry and when he found that prima facie case made out he took cognizance against all the First Information Report named accused includ......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529...
Category: Procedural Law | Date: | Hits: 131
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....any disqualification by alleged option for Pakistan. We find that he had not pursued his alleged application for repatriation to Pakistan. On the contrary he has got a Bangladeshi Passport which is a prima‑facie evidence of his citizenship of the country. He has not acquired citizenship of any oth......ualification by alleged option for Pakistan. We find that he had not pursued his alleged application for repatriation to Pakistan. On the contrary he has got a Bangladeshi Passport which is a prima‑facie evidence of his citizenship of the country. He has not acquired citizenship of any other count......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...Category: Property Law | Date: | Hits: 158
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....u started the police case being G.R. Case No.16/82 and examined the witnesses, recorded their statements under section 161 CrPC seized other connected papers end also examined the accused and found prima facie case against accused persons namely, petitioner Mst. Saleha Khatun, Asadul Alam, Md. Abd......ted the police case being G.R. Case No.16/82 and examined the witnesses, recorded their statements under section 161 CrPC seized other connected papers end also examined the accused and found prima facie case against accused persons namely, petitioner Mst. Saleha Khatun, Asadul Alam, Md. Abdul Hos......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109...Category: Criminal Law | Date: | Hits: 117
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....itioner, submits that although an order of suspension is a temporary measure pending departmental proceeding and it is not ordinarily interfered with by the Court, yet when the order of suspension is prima facie found to be tinged with malafides and is violative of the established rules and norms an......r, submits that although an order of suspension is a temporary measure pending departmental proceeding and it is not ordinarily interfered with by the Court, yet when the order of suspension is prima facie found to be tinged with malafides and is violative of the established rules and norms and it i......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ..Category: Employment/Service Law | Date: | Hits: 194
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......r the defendant No.1 appellant, submits that there is no proof that the Joint family bad property out of the income of which the consideration money for the impugned kabala came and that being so the onus rests on the plaintiff to prove that the money did not come from the fund of the defendant No.1..Category: Property Law | Date: | Hits: 111
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... learned Advocate for the petitioner must take care that this type of conduct should never recur in future. 29. With regard to the statements made by the petitioner in the instant writ petition, prima facie it appears that they are an utter distortion of historical facts and bring into question......ed Advocate for the petitioner must take care that this type of conduct should never recur in future. 29. With regard to the statements made by the petitioner in the instant writ petition, prima facie it appears that they are an utter distortion of historical facts and bring into question the e...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
....earned Advocate-on-Record for the parties concerned and perused the impugned judgment of the High Court Division and other connected papers on record. 12. From the facts as narrated it appears prima facie that the accused-petitioner admittedly executed bainapatra in favour of the complainant ...... Advocate-on-Record for the parties concerned and perused the impugned judgment of the High Court Division and other connected papers on record. 12. From the facts as narrated it appears prima facie that the accused-petitioner admittedly executed bainapatra in favour of the complainant and th...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 90
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ...... the Academy was asked to send them back to the Headquarters on the ground that they are barred to be promoted in the Guard Grade II posts. The writ petitioners claimed that the impugned order was ex-facie illegal, malafide, discriminatory and without any lawful authority. Many persons who were simi......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 222
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....ration which was made in proportion to the case land comprising 1.01 acres of land out of 3.80 acres of the case holding. The learned Assistant Judge allowed pre‑emption the finding of petitioner's prima facie title acquired by the Exhibit 1 for not being attached by the impugned auction sale. On ...... which was made in proportion to the case land comprising 1.01 acres of land out of 3.80 acres of the case holding. The learned Assistant Judge allowed pre‑emption the finding of petitioner's prima facie title acquired by the Exhibit 1 for not being attached by the impugned auction sale. On appeal......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517...Category: Property Law | Date: | Hits: 132
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....3 he submits that since all the proceedings of the general meetings was produced before this Court duly signed by all the members present there and the Chairman of the meetings. It should be taken as prima facie evidence and until and unless a contrary is proved regarding the proceedings of the meet......ubmits that since all the proceedings of the general meetings was produced before this Court duly signed by all the members present there and the Chairman of the meetings. It should be taken as prima facie evidence and until and unless a contrary is proved regarding the proceedings of the meetings, ......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..Category: Company Law | Date: | Hits: 225
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