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Displaying 641-660 of 1543 results.
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....he complainant on S/A issued warrant of arrest against the accused for the offences u/s. 406 and 420 of the Penal Code. Whether any of the sections mentioned in the petition of complaint has been prima facie made out can best be decided by the trial Court......” Thereafter the accused petition......plainant on S/A issued warrant of arrest against the accused for the offences u/s. 406 and 420 of the Penal Code. Whether any of the sections mentioned in the petition of complaint has been prima facie made out can best be decided by the trial Court......” Thereafter the accused petitioner obt......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..Category: Criminal Law | Date: | Hits: 362
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......Further it appears no evidence has been led to prove that payment of consideration money was made to the executant Roushan Ali. Defendants' side wants to take advantage of the sale deed Ext. 2 so the onus lies on them to prove that consideration money of Ext. 2 was duly paid and that sale deed EXL 2..Category: Property Law | Date: | Hits: 122
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....bmits that certified copies of those documents cannot be given at this stage in view of the fact that those have not yet been proved and marked as exhibits. These papers are to be considered only for prima facie satisfaction of the Court for framing the charge. 10. It is true that those papers ha......that certified copies of those documents cannot be given at this stage in view of the fact that those have not yet been proved and marked as exhibits. These papers are to be considered only for prima facie satisfaction of the Court for framing the charge. 10. It is true that those papers have not......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ..Category: Criminal Law | Date: | Hits: 121
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....een framed without any material disclosing the accusation against the petitioner and upon such view held that the proceeding at the initial stage, when the Special Judge came to the conclusion that a prima facie case has been made out, cannot be stifled. The learned Judge considered Article 52 vis......amed without any material disclosing the accusation against the petitioner and upon such view held that the proceeding at the initial stage, when the Special Judge came to the conclusion that a prima facie case has been made out, cannot be stifled. The learned Judge considered Article 52 vis‑a‑v......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... the proviso does, in fact, qualify the office of the Assistant Sessions Judges as the Additional Sessions Judges for all practical purposes in the scheme of the Code, in my humble opinion, depends primarily on the language used in the proviso itself. 95. The word "deemed" in the proviso in q......int and summarized the law as follows :- "The law is trite. A proviso must be limited to the subject-matter of the enacting clause. It is a settled rule of construction that a proviso must prime facie be read and considered in relation to the principal matter to which it is a proviso. It is n....................Respondents Judgment March 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia Begum, 37 DLR 18; 36 DLR 93..Category: Criminal Law | Date: | Hits: 158
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......the absence of evidence from the side of prosecution the learned trial court placed the burden on the appellant to prove their innocence against the fundamental principle of Criminal Law that the onus of proving the case beyond reasonable doubt lies on the prosecution and thus we hold that the l..Category: Criminal Law | Date: | Hits: 101
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......00 of the Penal Code, and sentenced to pay fine. Supreme Court set aside the conviction and sentence of the appellant journalist Khondkar Abu Taleb. While allowing the appeal it was observed: "The onus upon the accused of proving that his case comes within either of the exceptions may also be dis..Category: Criminal Law | Date: | Hits: 125
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......ial Court has not at all discussed and taken into consideration the defence evidence and materials available on record in consideration of the case of the defendant and has also illegally shifted the onus on the defendant to prove the defence case which the defendant is not obliged to do so, althoug..Category: Business or Commercial Law | Date: | Hits: 522
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....Ltd. as appellant preferred this appeal. 10. Mr. Habibul Islam Bhuiyan, the learned Counsel appearing with Mr. Qumrul Haque Siddique, submits that the Court below failed to construe the expression prima facie case involved in a suit and prima facie case means and amounts to a question of law to......s appellant preferred this appeal. 10. Mr. Habibul Islam Bhuiyan, the learned Counsel appearing with Mr. Qumrul Haque Siddique, submits that the Court below failed to construe the expression prima facie case involved in a suit and prima facie case means and amounts to a question of law to be tr...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..Category: Civil Law | Date: | Hits: 235
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
.... without instituting a suit for partition. It is unfortunate that in this case the lower appellate Court while deciding the suit for permanent injunction entered into the question of title although prima facie on the face of the kabala itself the plaintiff has proved his title, more so when the lo......ut instituting a suit for partition. It is unfortunate that in this case the lower appellate Court while deciding the suit for permanent injunction entered into the question of title although prima facie on the face of the kabala itself the plaintiff has proved his title, more so when the lower ap......ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408...Category: Property Law | Date: | Hits: 95
Parvaj Vs. State, 2012, 41 CLC (HCD)
.... occurrence, prepared the sketch map with an index and recorded the statements of the witnesses under section 161 of the Code. In course of investigation, he arrested the accused Ahamed Ali. He found prima facie truth in the allegations and submitted charge sheet on 13.12.1998 under section 3 of the......rence, prepared the sketch map with an index and recorded the statements of the witnesses under section 161 of the Code. In course of investigation, he arrested the accused Ahamed Ali. He found prima facie truth in the allegations and submitted charge sheet on 13.12.1998 under section 3 of the Explo......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 73
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......ish that the appellant was involved in the murder as he absconded immediately after the occurrence and was staying abroad for long time. She relied on another case reported in 45 DLR 16 regarding the onus of husband in a wife killing case. 5. The convict appellant surrendered before the trial Cou..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....nducted by the Assistant Commissioner (land) Devidwer, Comilla by his order dated 10.8.1997. The Assistant Commissioner after holding judicial inquiry submitted a report on 7.9.1997 with a finding of prima facie truth in the allegation. On receiving the inquiry report the Magistrate took cognizance ......d by the Assistant Commissioner (land) Devidwer, Comilla by his order dated 10.8.1997. The Assistant Commissioner after holding judicial inquiry submitted a report on 7.9.1997 with a finding of prima facie truth in the allegation. On receiving the inquiry report the Magistrate took cognizance of off......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 85
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....signed for investigation, he visited the place of occurrence, prepared the sketch map with index and examined the witnesses under section 161 of the Code of Criminal Procedure. As the case was proved prima-facie against the accused, he prepared the charge sheet, but before submitting the same he was...... for investigation, he visited the place of occurrence, prepared the sketch map with index and examined the witnesses under section 161 of the Code of Criminal Procedure. As the case was proved prima-facie against the accused, he prepared the charge sheet, but before submitting the same he was trans......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s that the victim had committed suicide, which could not cast any shadow of doubt over the prosecution case. 24. By this time it has been settled in number of cases that in a case of wife killing, onus is on the shoulder of husband to explain the cause of death, if any wife dies at her husband’..Category: Criminal Law | Date: | Hits: 110
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....s pointed out above, having admitted that they have televised the advertisement and over the radio as well by offering gifts to the consumers for the purpose of popularising their "Lifebuoy" product, prima facie commit an offence punishable under section 294B of the Penal Code. Therefore, we find no......ted out above, having admitted that they have televised the advertisement and over the radio as well by offering gifts to the consumers for the purpose of popularising their "Lifebuoy" product, prima facie commit an offence punishable under section 294B of the Penal Code. Therefore, we find no subst......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492...Category: Criminal Law | Date: | Hits: 126
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
.... on 23.4.86 for recording their confessional statements under s.164 Cr.P.C. Upazila Magistrate recorded the statements and held TI Parade of the rickshaw van. On completion of the investigation, prima facie guilt of the accused persons proved and thereafter obtaining the opinion of the PP and S.......4.86 for recording their confessional statements under s.164 Cr.P.C. Upazila Magistrate recorded the statements and held TI Parade of the rickshaw van. On completion of the investigation, prima facie guilt of the accused persons proved and thereafter obtaining the opinion of the PP and SP he s......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....hat he has borrowed money from a third party the initial onus ties on the assessee to establish (a) the existence of the third party; (b) the ability of the third party to advance moneys and (c) that prima facie the loan is a genuine one. The assessee by proving these facts discharges the onus upon ...... has borrowed money from a third party the initial onus ties on the assessee to establish (a) the existence of the third party; (b) the ability of the third party to advance moneys and (c) that prima facie the loan is a genuine one. The assessee by proving these facts discharges the onus upon him. B......olative of the principle of natural justice. Mr. Bhuiyan further contends that since six of the creditors appeared before the DCT and in their deposition they supported the story of gift, the initial onus of proving the loan has been fully discharged by the assessee-applicant and in that view of the..Category: Fiscal/Taxation Law | Date: | Hits: 200
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... held that limited character of the function of the committing Magistrate inquiring into an offence triable by Sessions Court must be clearly kept in view. Committing Magistrate is just to see that a prima facie case has been made out and not to overstep the limit. It was further held that on right ......that limited character of the function of the committing Magistrate inquiring into an offence triable by Sessions Court must be clearly kept in view. Committing Magistrate is just to see that a prima facie case has been made out and not to overstep the limit. It was further held that on right of pri...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......ance of contract admits his or her signature of L.T.I, in the alleged agreement for sale and offers an alternative story as to how his or her signature or L.T.I. came to be put on the document, the onus lies on the defendant to prove his part of the story. It is the clear finding of the trial Cour..Category: Property Law | Date: | Hits: 133
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