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Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......ounsel appearing on behalf of the petitioner, submits that the impugned Warrant of Precedence, 1986 does not provide for any objective standard or yardstick on which it is based and as such, it is ex facie clear that the same was arbitrarily framed and in this view of the matter, it is without lawfu......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......d them to show cause as to why the honorarium shall not be stopped. It appears further the petitioners were not given any fair opportunity of being heard and thus action stopping the honorarium is ex facie violative of the principle of natural justice. Whatever action has been taken by way of stoppi......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
.... certiorari would issue against the decision of the Appellate Authority is to be examined on consideration of the impugned decision itself. 6. A petition for writ of certiorari should make out a prima facie case showing that an illegal proceeding appears on the face of the record either because......orari would issue against the decision of the Appellate Authority is to be examined on consideration of the impugned decision itself. 6. A petition for writ of certiorari should make out a prima facie case showing that an illegal proceeding appears on the face of the record either because the C......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
....were involved in manufacturing forged certificates and deeds and were trying to grab the waqf property. One inspector of C.I.D. of Bangladesh inquired into allegations made in that F.I.R. and finding prima facie case submitted charge sheet against the accused persons under sections 419, 420, 467, 46......nvolved in manufacturing forged certificates and deeds and were trying to grab the waqf property. One inspector of C.I.D. of Bangladesh inquired into allegations made in that F.I.R. and finding prima facie case submitted charge sheet against the accused persons under sections 419, 420, 467, 468, 471......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265...
Category: Procedural Law | Date: | Hits: 163
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
.... Criminal Procedure before this Court obtained the present Rule. 7. Mr. AKM Asihful Hoque, the learned Advocate for the accused petitioner submits that the complaint petition does not disclose the prima facie offence against the accused petitioner under section 138(1) of the Negotiable Instrument......nal Procedure before this Court obtained the present Rule. 7. Mr. AKM Asihful Hoque, the learned Advocate for the accused petitioner submits that the complaint petition does not disclose the prima facie offence against the accused petitioner under section 138(1) of the Negotiable Instruments Act,......Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
.... So the alleged offence under section 27 of the Anti-Corruption Commission Act, 2004 is attracted by the facts stated in the FIR and charge sheet and accordingly, it cannot be said that there is no prima-facie allegation to proceed with the impugned criminal proceeding against the accused-petiti......e alleged offence under section 27 of the Anti-Corruption Commission Act, 2004 is attracted by the facts stated in the FIR and charge sheet and accordingly, it cannot be said that there is no prima-facie allegation to proceed with the impugned criminal proceeding against the accused-petitioner. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
....it may examine such other records or witnesses and make such further enquiry as it deems fit for the purposes. Then sub-rule (4) provides that if the Board is satisfied that the Government servant is prima facie guilty of the charge it shall direct the Government servant by notice in writing which s...... examine such other records or witnesses and make such further enquiry as it deems fit for the purposes. Then sub-rule (4) provides that if the Board is satisfied that the Government servant is prima facie guilty of the charge it shall direct the Government servant by notice in writing which shall a......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256...
Category: Employment/Service Law | Date: | Hits: 107
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....he petitioner to the custody on 10.9.2004. The police took up the case for investigation and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having found prima facie case, the police submitted charge sheet against the petitioner under sections 19(A) and ......itioner to the custody on 10.9.2004. The police took up the case for investigation and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having found prima facie case, the police submitted charge sheet against the petitioner under sections 19(A) and 19(f) ......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196...Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....to as 'the Ain'); from which arose the G.R. Case No.144 of 2007. 4. Accordingly, the police investigated into the case, concluded investigation within the statutory time limit and, having found a prima facie case, has submitted charge sheet No.121 dated 23.07.2008 against the accused under secti......'the Ain'); from which arose the G.R. Case No.144 of 2007. 4. Accordingly, the police investigated into the case, concluded investigation within the statutory time limit and, having found a prima facie case, has submitted charge sheet No.121 dated 23.07.2008 against the accused under section 4 a......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..Category: Criminal Law | Date: | Hits: 143
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
..
Category: Property Law | Date: | Hits: 82
.... inquiry conducted by the Deputy Commissioner, Sunamganj which shows that the concerned office assistant has been proceeded against, although it is not apparent what proceeding was drawn against him, prima facie it appears to us that offences mentioned in section 195(1)(c) of the Code of Criminal Pr......ry conducted by the Deputy Commissioner, Sunamganj which shows that the concerned office assistant has been proceeded against, although it is not apparent what proceeding was drawn against him, prima facie it appears to us that offences mentioned in section 195(1)(c) of the Code of Criminal Procedur......d of the High Court Division, be communicated to the Chief Judicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
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Category: Property Law | Date: | Hits: 90
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....tion. During investigation Mr. L. Kabir visited P O. seized alamat items Nos.1 and 2 and examined some witnesses. I also visited P O. seized alamat and examined witnesses. During investigation a prima facie case under M.L.R 11 has been proved against accused 1. Muraduzzaman, 2. Abdul Kashem, 3.......During investigation Mr. L. Kabir visited P O. seized alamat items Nos.1 and 2 and examined some witnesses. I also visited P O. seized alamat and examined witnesses. During investigation a prima facie case under M.L.R 11 has been proved against accused 1. Muraduzzaman, 2. Abdul Kashem, 3. Saraf......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....ve proceeded on the view that the Ext. 4 series had been disbelieved by the said Courts only on the ground of non-production of the counterfoils of the said Dakhilas and expressed the view that the primary onus of proving the rent receipts was discharged by the plaintiff as soon as tie rent receip......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......the Dakhilas Ext. 4 series, and holding them to be fabricated documents. The learned Judges of the High Court, however, expressed their view that the learned Additional District Judge misplaced the onus of proof as to the genuineness of the Dakhilas, Exts.4 series on the plaintiffs aid was not jus..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....der appears to have been made disposing of the issue relating to the maintainability of the suit, although in disposing of one of the points for determination, namely, whether the plaintiffs have a prima facie case for injunction, the learned Subordinate Judge appears to have made an elaborate......pears to have been made disposing of the issue relating to the maintainability of the suit, although in disposing of one of the points for determination, namely, whether the plaintiffs have a prima facie case for injunction, the learned Subordinate Judge appears to have made an elaborate discu...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......that there were irregularities in recording the statements, ignored those irregularities as it would not help the accused to prove them innocent. The learned Judge missed that in a criminal case, the onus is not upon the accused to prove themselves innocent. He was to see whether the prosecution was..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
....but discharged the rule and cancelled the ad interim bail not on the ground of the alleged misuse of privilege of bail. We have also noticed from the record that the prosecution failed to produce prima facie material in support of its case of misuse of privilege of bail other than a G.D. entry. ......scharged the rule and cancelled the ad interim bail not on the ground of the alleged misuse of privilege of bail. We have also noticed from the record that the prosecution failed to produce prima facie material in support of its case of misuse of privilege of bail other than a G.D. entry. The re...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..Category: Criminal Law | Date: | Hits: 96
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....ed away; that the victim disclosed that accused Jahangir Mallik has struck blow on his head. It is further stated that the victim was removed and taken to Bakergonj Hospital where the doctor gave him primary medical treatment and referred to Barisal Sher-e-Bangla Medical College Hospital where he su......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......ced by the prosecution in this case to substantiate the charge leveled against accused Persons under sections 302/147 of the Penal Code. 15. Fundamental Principle of Criminal jurisprudence is that onus of proving everything essential to the establishment of charge against accused lies upon prosec..Category: Criminal Law | Date: | Hits: 87
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....hat defendant No. 3, herein opposite party No. 1, has been acting as a Nikah Registrar at ward No. 17. Moreover, the case of plaintiff is absolutely a subject matter of evidence. At present he has no prima facie arguable case and will not suffer irreparable loss if injunction prayed for is not grant......fendant No. 3, herein opposite party No. 1, has been acting as a Nikah Registrar at ward No. 17. Moreover, the case of plaintiff is absolutely a subject matter of evidence. At present he has no prima facie arguable case and will not suffer irreparable loss if injunction prayed for is not granted. Mo......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ..Category: Civil Law | Date: | Hits: 92
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....he drawer at the time the cheque is issued is a material test and if it appears from the circumstances of the drawer that he did not expect that the cheque would be cashed in normal case, it would be prima facie proof of the intention to cheat." 28. We need to further mention that in relation to ......wer at the time the cheque is issued is a material test and if it appears from the circumstances of the drawer that he did not expect that the cheque would be cashed in normal case, it would be prima facie proof of the intention to cheat." 28. We need to further mention that in relation to a dish...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....1) and Mir Wazed Ali (PW 2) to the Magistrates for recording their statements and accordingly, their statements under section 164 of the Code of Criminal Procedure were recorded. On investigation, prima facie case having been made out, he submitted charge sheet against the accused persons. He fu...... Mir Wazed Ali (PW 2) to the Magistrates for recording their statements and accordingly, their statements under section 164 of the Code of Criminal Procedure were recorded. On investigation, prima facie case having been made out, he submitted charge sheet against the accused persons. He further ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
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