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Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
.... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ......n the face of the record is illegal and has occasioned failure of justice since the order itself is not a speaking order and no reasoning has been given for rejection of the application. The order ex facie is an arbitrary and mechanical order without application of mind and hence liable to be set as...... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ..Category: Procedural Law | Date: | Hits: 85
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....o was on duty at the Mirpur PS at the relevant time. He thereafter examined the records of the case, and on receipt of the report of the chemical examiner of the seized articles i.e. heroin, he found prima facie case as against all the 3 accused and submitted charge sheet against them under section ......on duty at the Mirpur PS at the relevant time. He thereafter examined the records of the case, and on receipt of the report of the chemical examiner of the seized articles i.e. heroin, he found prima facie case as against all the 3 accused and submitted charge sheet against them under section 19(1) ......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....e, is satisfied that— (i) The subject matter of the dispute is not capable of settlement by the arbitration under the law for the time being in force in Bangladesh; (ii) The arbitral award is prima facie opposed to the law for the time being in force in Bangladesh; (iii) The arbitral awar......satisfied that— (i) The subject matter of the dispute is not capable of settlement by the arbitration under the law for the time being in force in Bangladesh; (ii) The arbitral award is prima facie opposed to the law for the time being in force in Bangladesh; (iii) The arbitral award is i...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......led the Judgment passed in appeal on the ground that as the defendant No.1 categorically, in his written statement, denied the fact that he has not executed the alleged Bainapatra by putting LTI, the onus probandi lies on the plaintiffs shoulder to prove his case, that the defendant No.1 executed th..Category: Procedural Law | Date: | Hits: 120
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
.... and he put his signature vide Ext 2/2. 22. P.W.11 Abdul Khaleque Mridha, an Assistant Inspector, DAB Faridpur and Investigation Officer of the case deposed that upon scrutiny of records, he found prima facie case against the appellant and, as such, he submitted charge sheet against him on 17‑3......e put his signature vide Ext 2/2. 22. P.W.11 Abdul Khaleque Mridha, an Assistant Inspector, DAB Faridpur and Investigation Officer of the case deposed that upon scrutiny of records, he found prima facie case against the appellant and, as such, he submitted charge sheet against him on 17‑3‑93 ......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ..Category: Criminal Law | Date: | Hits: 99
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....ee no reason why the principle should not be applicable when the person who will be affected by the decision is an alien, just as, much as, when he is a British subject. The justification for it is primarily that, when a public authority has promised to follow a certain procedure, it is in the int......t merely statistical. It is to ascertain what would be the reasonable expectation or understanding of the employees holding that position at the relevant time. The contractual retiring age will prima facie be the normal, but it may be displaced by evidence that it is regularly departed from in pract......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..Category: Employment/Service Law | Date: | Hits: 208
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......nother who is co-nominee not a party to it but puts a claim to be a beneficiary entitled to the property conveyed by the said deed. When a person asserts that a particular transaction is a benami the onus is upon him to prove that the transaction is a benami one. The lower appellate Court considered..Category: Property Law | Date: | Hits: 86
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....f the Code of Criminal Procedure who confessed his guilt. He testified the seizure lists and material Exhibits. He during investigation recorded the statements of the witnesses. As the allegation was prima facie established he submitted the charge sheet under section 302 of the Penal Code on 21-10-2......Code of Criminal Procedure who confessed his guilt. He testified the seizure lists and material Exhibits. He during investigation recorded the statements of the witnesses. As the allegation was prima facie established he submitted the charge sheet under section 302 of the Penal Code on 21-10-2000 ag......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ist, sketch map and sent the dead body to the morgue at Tangail Hospital for post mortem examination and then on receipt of the post mortem report and examining witnesses under section 161 CrPC found prima facie case and accordingly submitted charge‑sheet against the 4 accused‑appellants under s......ketch map and sent the dead body to the morgue at Tangail Hospital for post mortem examination and then on receipt of the post mortem report and examining witnesses under section 161 CrPC found prima facie case and accordingly submitted charge‑sheet against the 4 accused‑appellants under section......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..Category: Criminal Law | Date: | Hits: 106
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....e application of the petitioner that he is an activist of any other rival political party for which he is being victimised. Moreover, we cannot lend credence to the mere in the absence of anything to prima facie substantiate the same. 11. On going through the application filed by the petitioner a......ication of the petitioner that he is an activist of any other rival political party for which he is being victimised. Moreover, we cannot lend credence to the mere in the absence of anything to prima facie substantiate the same. 11. On going through the application filed by the petitioner and als......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Criminal Law | Date: | Hits: 93
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......l. 10. Mr. Rafiqul Huq submitted that as soon as cognizance of an offence for contravention of the provisions of section 17 punishable under section 24 of the Ordinance is taken against an accused onus to prove non contravention is on the accused under the provisions of section 25A of the Ordinan..Category: Business or Commercial Law | Date: | Hits: 219
.... the separation of Percival's share and creation of a new tenancy comprising the separated portion and other lands of Percival. Mr. Chowdhury next contends that when the Record of the Revenue Officer prima facie shows the separation and amalgamation according to law, his order cannot be challenged......se No.89/72-73 under sections 116 and 117(1)(a) was given effect by amending khatian No.14 after excluding plot No.108 therefrom and revenue was collected on the basis of the new khatian No.18. Prima facie the order was a valid one, its validity could not be challenged for a collateral purpose, that......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
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Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....d to hold trial of the cases. 7. Mr. SM Shahjahan, the learned Advocate appearing on behalf of the petitioner supports that Rule. He submits that the First Information Report does not disclose any prima facie case under section 409 of the Penal Code or under section 5(2) of the Prevention of Corr......old trial of the cases. 7. Mr. SM Shahjahan, the learned Advocate appearing on behalf of the petitioner supports that Rule. He submits that the First Information Report does not disclose any prima facie case under section 409 of the Penal Code or under section 5(2) of the Prevention of Corruption......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...Category: Criminal Law | Date: | Hits: 230
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....he Chief Justice. 6. The learned Magistrate instead of taking cognizance directed the Officer-in-charge of the Police station to treat it as an first information report if upon investigation found prima facie case in the allegation (Annexure-A & B). Further six days after the aforesaid occurr......ef Justice. 6. The learned Magistrate instead of taking cognizance directed the Officer-in-charge of the Police station to treat it as an first information report if upon investigation found prima facie case in the allegation (Annexure-A & B). Further six days after the aforesaid occurrence o......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......wer and procedure and entailing punishments of unequal nature and description, offended against Article 5 of the Constitution and was for that reason void. The amending Act makes the principal Act ex-facie discriminatory and infringes the subject’s fundamental right to equal protection of the law ......bandoned building and has not vested in the Government under President’s Order No.16 of 1972 or that his right or interest in the building has not been affected by the provisions of that order. The onus, therefore, is squarely on the claimant of the building to prove that the building is not an ab..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... he had instructed his lawyer Sharif and Nabi to issue the Demand of Justice notice. It is further stated that such direction is mala fide threat to the petitioner. 5. Dr. Hossain contends that ex facie the impugned notifications superseding the petitioner are bad in that these are made in violat...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....r of the Govt. to show that the decision was taken at the highest level of administration, he is not required to go further and sit on judgment on the decision of the Government. We have held that, prima facie, such a decision at the highest level of government supplies a good ground for according......he Govt. to show that the decision was taken at the highest level of administration, he is not required to go further and sit on judgment on the decision of the Government. We have held that, prima facie, such a decision at the highest level of government supplies a good ground for according conse......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...Category: Criminal Law | Date: | Hits: 82
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... for probate, the onus of proof, the need for considering every circumstance of legitimate suspicion and compliance with the provisions of law as to the execution and attestation of the will. The primary requirement in the matter of proving a will is that the party who sets up a will must be abl...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......ablishing the genuineness of such a document. 23. These decisions refer to various requirements of law as to the mode of proving a will, such as, the effect of delay in applying for probate, the onus of proof, the need for considering every circumstance of legitimate suspicion and compliance wi..Category: Property Law | Date: | Hits: 80
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ctive. Mr. Alam's contention is that the respondents design is new and original and not an imitation of the petitioner's design. The design has been registered under section 46 of the Act and as such prima facie evidence of its new and original character. The Controller while registering it acted in...... Mr. Alam's contention is that the respondents design is new and original and not an imitation of the petitioner's design. The design has been registered under section 46 of the Act and as such prima facie evidence of its new and original character. The Controller while registering it acted in a bon......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....l, has appeared in support of the High Court Division's judgment. Md. Moksudur Rahman has however submitted that though he is appearing in support of the judgment against the appellant-contemner, his primary duty will be to render all possible assistance to this Court in arriving at correct decision......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......rt is both Prosecutor and Judge, rule as to proof of guilt of the contemner must be strictly observed. In respect of the allegation as to making of deliberate false statement regarding his illness, onus of proof lies wholly on the prosecution; but the prosecution has failed to discharge this onus...Category: Criminal Law | Date: | Hits: 116
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