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Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....DLR 677 wherein, it is held that the proposition of law is now well settled that on the basis of defence plea or materials the criminal proceedings should not be stifled before trial, when there is a prima facie case for going for trial. If the complainant has any prima facie case which is subject......7 wherein, it is held that the proposition of law is now well settled that on the basis of defence plea or materials the criminal proceedings should not be stifled before trial, when there is a prima facie case for going for trial. If the complainant has any prima facie case which is subject to pr...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..Category: Criminal Law | Date: | Hits: 94
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....posite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal provision has been proved against the accused persons, without ...... Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal provision has been proved against the accused persons, without disclo......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......inding of fact. But in the case in hand it appears that the Courts below not only misread the evidence but also misinterpreted the provision of section 27(b) of the Specific Relief Act. Obviously the onus is upon the defendant purchasers who claimed the protection of section 27(b) of the Specific Re..Category: Property Law | Date: | Hits: 90
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....possession as evidence of ownership a rebuttable presumption of law is that of lawful origin. It lies at the root of the substantive law of acquisitive prescription. Modern possession and user, being prima facie evidence of property and right the judges attached to them an artificial weight, and hel......sion as evidence of ownership a rebuttable presumption of law is that of lawful origin. It lies at the root of the substantive law of acquisitive prescription. Modern possession and user, being prima facie evidence of property and right the judges attached to them an artificial weight, and held that......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....up the matter on 24-7-94 and it appears from this order that he went through the case diary including statements recorded under sections 161 and 164 of the Code of Criminal Procedure and found that a prima facie case has been made out against Fazlul Karim and on the basis of that he took cognizance ...... matter on 24-7-94 and it appears from this order that he went through the case diary including statements recorded under sections 161 and 164 of the Code of Criminal Procedure and found that a prima facie case has been made out against Fazlul Karim and on the basis of that he took cognizance of the......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
....vernment Pleader or Public Prosecutor even after the age of 60 years. Since these provisions have got no statutory force and since this is not a writ petition in the form of quo‑warranto and since, prima‑facie, it appears that the Government is at liberty to appoint his own lawyer even after the...... Pleader or Public Prosecutor even after the age of 60 years. Since these provisions have got no statutory force and since this is not a writ petition in the form of quo‑warranto and since, prima‑facie, it appears that the Government is at liberty to appoint his own lawyer even after the age of ......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
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Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......20‑8‑75 Constitution was running side by side and the Parliament was not in session on 26‑9‑75 when Indemnity Ordinance No.50 of 1975 was promulgated. The very Indemnity Ordinance, 1975, ex‑facie shows that the same was promulgated by Khondaker Moshtaque Ahmed as President of Bangladesh un......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......en such intention is shrouded in a thick veil which cannot be easily pierced through. But such difficulties do not relieve the person asserting the transaction to be benami of any part of the serious onus that rests on him; nor justify the acceptance of mere conjectures or surmises, as a substitute ..Category: Property Law | Date: | Hits: 103
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279......., if the accused-petitioner is made liable for the debt or liability of her husband, that will go against the spirit of the mandate of section 138(1) of the Negotiable Instruments Act. 11. Prima facie it appears from the facts and circumstances of the case that there are ingredients of cheating...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....tended to form any punishment and that the question of violation of any of the petitioner's constitutional rights does not arise. It is further stated that the petitioner has failed to make out any prima facie case inasmuch as the petitioner has failed to adduce any specific evidence indicating th...... to form any punishment and that the question of violation of any of the petitioner's constitutional rights does not arise. It is further stated that the petitioner has failed to make out any prima facie case inasmuch as the petitioner has failed to adduce any specific evidence indicating that the......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....why this possession was made over after taking Tk. 500.00. The defendant could not produce any evidence in support of his stand that he had some sort of right and title over the suit property; rather prima facie it appears that the plaintiffs are the owners and possessors of the property in question......is possession was made over after taking Tk. 500.00. The defendant could not produce any evidence in support of his stand that he had some sort of right and title over the suit property; rather prima facie it appears that the plaintiffs are the owners and possessors of the property in question. Only...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....ith two other documents, namely two passports were issued in his favour in the year 1975 and in the year 1984 and also the petitioner's name appeared in the voters list and these documents and papers prima facie show that he is a national of Bangladesh. Therefore by mere option for migration to Paki......o other documents, namely two passports were issued in his favour in the year 1975 and in the year 1984 and also the petitioner's name appeared in the voters list and these documents and papers prima facie show that he is a national of Bangladesh. Therefore by mere option for migration to Pakistan c...... the publication of the petitioner's property in official Gazette as an abandoned property which, according to him conclusively proved that the property in question was an abandoned property and such onus could not be discharged by the petitioner and as such he refused to give any relief whatsoever ..Category: Property Law | Date: | Hits: 90
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....anction is required only for prosecution under section 5 of a person, case against whom a case has been initiated with the prior approval of the Government, for its further satisfaction that there is prima facie case for the trial of such a person. But sanction under section 6 of the Act is not nece......n is required only for prosecution under section 5 of a person, case against whom a case has been initiated with the prior approval of the Government, for its further satisfaction that there is prima facie case for the trial of such a person. But sanction under section 6 of the Act is not necessary ......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....that can be decided at the trial on taking evidence in support of the prosecution case. It is, also, important to remember that a proceeding cannot be quashed before a complainant who has disclosed a prima facie case in his complaint has had an opportunity of placing materials on which he bases his ......an be decided at the trial on taking evidence in support of the prosecution case. It is, also, important to remember that a proceeding cannot be quashed before a complainant who has disclosed a prima facie case in his complaint has had an opportunity of placing materials on which he bases his compla......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....btained by practicing fraud upon Court. But mere allegation of fraud is not enough to entertain a suit for declaring a judgment and decree affirmed by the apex Court of country illegal. Unless strong prima facie case of fraud is made out and sufficient acceptable evidence and materials are produced ......d by practicing fraud upon Court. But mere allegation of fraud is not enough to entertain a suit for declaring a judgment and decree affirmed by the apex Court of country illegal. Unless strong prima facie case of fraud is made out and sufficient acceptable evidence and materials are produced before......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......roperty to the Embassy of Switzerland with effect from December, 1973, was executed by defendant No.1 as the lessor and was attested by the plaintiff as one of the two attesting witnesses. 11. The onus lies on the party claiming a benami transaction to prove the same as benami. To ascertain the t..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....ms duties and taxes, evaded the said duties and taxes leviable thereon and thereby committed the offence punishable under section 25B of the Act. This, he submits that the allegations made in the FIR prima facie constitute the offence complained of and as such, it cannot be said that the proceeding ......ies and taxes, evaded the said duties and taxes leviable thereon and thereby committed the offence punishable under section 25B of the Act. This, he submits that the allegations made in the FIR prima facie constitute the offence complained of and as such, it cannot be said that the proceeding of the......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ficient fund and he failed to pay the amount of the dishonoured cheques in time, offence under section 138 of the Act has been disclosed against him. The facts narrated in the complaint do constitute prima facie offence under section 138 of the Act and, as such, question of quashing the proceeding o......t fund and he failed to pay the amount of the dishonoured cheques in time, offence under section 138 of the Act has been disclosed against him. The facts narrated in the complaint do constitute prima facie offence under section 138 of the Act and, as such, question of quashing the proceeding of the ......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385...Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ence punishable under section 165A/332 against the accused-petitioner and the co-accused and that the Anti-Corruption Commission has investigated into the case and submitted charge sheet having found prima facie case against the accused-petitioner and the co-accused and considering the materials on ......unishable under section 165A/332 against the accused-petitioner and the co-accused and that the Anti-Corruption Commission has investigated into the case and submitted charge sheet having found prima facie case against the accused-petitioner and the co-accused and considering the materials on record......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....he case was filed before one day before the expiry of one month from the date of receipt of the second notice, the proceedings cannot be quashed readily when from the materials on record it appears a prima facie case of committing offence against the accused petitioner and as such tire Rule should b......e was filed before one day before the expiry of one month from the date of receipt of the second notice, the proceedings cannot be quashed readily when from the materials on record it appears a prima facie case of committing offence against the accused petitioner and as such tire Rule should be disc......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..Category: Civil Law | Date: | Hits: 150
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