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Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....de and sent them to the local Magistrate with the copy of the G.D. Entry where it was stated that after concluding investigation of the allegation against them under section 290 of the Penal Code, if prima facie proved, the prosecution would be submitted. From the records of the learned Magistrate i...... sent them to the local Magistrate with the copy of the G.D. Entry where it was stated that after concluding investigation of the allegation against them under section 290 of the Penal Code, if prima facie proved, the prosecution would be submitted. From the records of the learned Magistrate it is f...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
.... is no dispute that the petitioner availed of loan facility from the plaintiff-bank by mortgaging landed property and it failed to repay the loan with interest. On a plain reading of the plaint it is prima-facie found to have been drawn up on joinder of two causes of action and misjoinder of parties...... dispute that the petitioner availed of loan facility from the plaintiff-bank by mortgaging landed property and it failed to repay the loan with interest. On a plain reading of the plaint it is prima-facie found to have been drawn up on joinder of two causes of action and misjoinder of parties. The ......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
....the fact that the grounds of detention were signed by the District Magistrate on 26-8-96, whereas the order of approval and extension of detention was passed by the Government on 18-8-96 and as such, prima facie, it shows that on the day, that is, on 18-8-96 when the order of extension of detention ......pon the detenu on 23-8-96 inside the Dhaka Central Jail. This order of extension of the detention dated 18-8-96 is Annexure-C to this petition.
5. It is submitted that the order of detention is ex facie illegal, arbitrary, mala fide and colourable exercise of power by the detaining authority on t......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......ce of the plaintiff as P.W. 1 to the said effect the learned Court of appeal below evidently erred in law in arbitrarily ignoring the said evidence both oral and documentary by illegally shifting the onus of proof regarding the death of Lakshman Mondal and the same has resulted in error in the impug..
Category: Property Law | Date: | Hits: 111
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....sional application was not maintainable. No special leave was granted on this question of maintainability of the revisional application presumably because the said view of the High Court Division was prima facie correct, but in view of the great importance of the amending provisions of President's O...... application was not maintainable. No special leave was granted on this question of maintainability of the revisional application presumably because the said view of the High Court Division was prima facie correct, but in view of the great importance of the amending provisions of President's Order N......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....rliament from the Dhaka 4 constituency, he was handed over 1686 bundles Dheutin for the purpose of distribution but allegedly, he mis-appropriated those relief materials. 11. So, we find existence prima-facie allegation to start a criminal proceeding and there is no substance in the submission th......nt from the Dhaka 4 constituency, he was handed over 1686 bundles Dheutin for the purpose of distribution but allegedly, he mis-appropriated those relief materials. 11. So, we find existence prima-facie allegation to start a criminal proceeding and there is no substance in the submission that the......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......Court. In this connection he referred the case which was also cited in the Judgment of the lower appellate Court in Title Suit No.29 of 2003 6 DLR (AD) 97 wherein it has been stated that: "Initial onus of undue influence is on the person who raises the plea-Initial onus without discharge, the bur..Category: Family Law | Date: | Hits: 167
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....of the Code of Criminal Procedure and collected alamats. Thereafter he submitted charge sheet being No.-5 dated 8-3-1996 against the accused persons under sections 395/412 of the Penal Code since the prima facie case was made out against them. 5. After filing of the charge sheet, the case was tra...... Code of Criminal Procedure and collected alamats. Thereafter he submitted charge sheet being No.-5 dated 8-3-1996 against the accused persons under sections 395/412 of the Penal Code since the prima facie case was made out against them. 5. After filing of the charge sheet, the case was transmitt......mination that accused Azimuddin told him that he purchased the seized rice. 38. These are all the evidence adduced by the prosecution. 39. Fundamental principle of Criminal Jurisdiction is that onus of proving everything essential to the establishment of charge against accused lies upon the pr..Category: Criminal Law | Date: | Hits: 116
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......vidence Act, particularly section 102 and 102 where the law is that the person who alleged certain fact he is to prove such fact. To prove Kazi Golam Hossain was not Chairman of the defendant No.1, onus squarely lies on the defendants to discharge such onus as they raised the question. Defendant i..Category: Property Law | Date: | Hits: 78
Hanif Shaikh (Md) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......regularly, which was absent in the second show cause notice, has been alleged and that no opportunity has been given for reply to such new allegation and thus the impugned order of cancellation is ex facie bad. Considering the requirements of section 20 of the Act, we are of the view that no provisi......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ..Category: Information Technology Law | Date: | Hits: 282
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....ly, Mr. Salim, Officer-in-Charge of Muladi PS held the investigation and examined as many as 14 witnesses and recorded their statements under section 161 CrPC and on completion of the investigation a prima facie case having been made out submitted charge-sheet No. 35 dated 29‑3‑2000 under sectio....... Salim, Officer-in-Charge of Muladi PS held the investigation and examined as many as 14 witnesses and recorded their statements under section 161 CrPC and on completion of the investigation a prima facie case having been made out submitted charge-sheet No. 35 dated 29‑3‑2000 under sections 3/4......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....ped up in a sky blue colour polyethylene, tied by jute made string, barrel and butt of the gun were found disintegrated. 3. Thereafter the police duly investigated into the case and having found a prima facie case submitted charge sheet No.403 dated 1-10-2003 under section 19A of the Arms Act, 18...... in a sky blue colour polyethylene, tied by jute made string, barrel and butt of the gun were found disintegrated. 3. Thereafter the police duly investigated into the case and having found a prima facie case submitted charge sheet No.403 dated 1-10-2003 under section 19A of the Arms Act, 1878 aga......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..Category: Criminal Law | Date: | Hits: 65
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....etitions and they have been doing their job enjoying all the service benefits as noted by this Division in Civil Petition for Leave to Appeal Nos.578-614 of 2009 and also in other leave petitions, in prima-facie appears to us that the writ petitioner-respondent is being treated in a discriminatory......ns and they have been doing their job enjoying all the service benefits as noted by this Division in Civil Petition for Leave to Appeal Nos.578-614 of 2009 and also in other leave petitions, in prima-facie appears to us that the writ petitioner-respondent is being treated in a discriminatory manne......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...Category: Employment/Service Law | Date: | Hits: 111
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....ান সৃষ্টি প্রকল্প’ and the said decision of the committee has already been approved by the Hon'ble Prime Minister on 10.05.2010. From the inquiry reports, it is also prima-facie clear that no paper was available as to why in the Project Profile of the 2nd phase the ...... সৃষ্টি প্রকল্প’ and the said decision of the committee has already been approved by the Hon'ble Prime Minister on 10.05.2010. From the inquiry reports, it is also prima-facie clear that no paper was available as to why in the Project Profile of the 2nd phase the post o......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..Category: Employment/Service Law | Date: | Hits: 119
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
....l as the impugned judgment. We noticed that the learned Magistrate has enquired into the naraji petition in accordance with section 202 of the Code of Criminal Procedure and thereafter having found a prima facie case against the petitioner and other accused persons took cognizance of offences punish......he impugned judgment. We noticed that the learned Magistrate has enquired into the naraji petition in accordance with section 202 of the Code of Criminal Procedure and thereafter having found a prima facie case against the petitioner and other accused persons took cognizance of offences punishable u...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 66
....e authority is of the opinion that the deposit of duty demanded or penalty levied will cause undue hardship to the appellant. From a reading of sub-section (1) of section 194 of the Customs Act, it prima-facie appears to us that the said section is specially relatable in respect of Appeals filed u......ority is of the opinion that the deposit of duty demanded or penalty levied will cause undue hardship to the appellant. From a reading of sub-section (1) of section 194 of the Customs Act, it prima-facie appears to us that the said section is specially relatable in respect of Appeals filed under s...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....d or because something has happened after filing of the written statement which makes it necessary for him to put forward. Where an amendment sought for alters the very foundation of the claim and is prima facie distinct, separate and independent of the original stand cannot be allowed, which if all......ecause something has happened after filing of the written statement which makes it necessary for him to put forward. Where an amendment sought for alters the very foundation of the claim and is prima facie distinct, separate and independent of the original stand cannot be allowed, which if allowed, ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....ssession is supported by registered sale deed, mutation khatian, duplicate carbon receipt and rent receipt in name of their father Abdus Sattar Bhuiyan. They have a good arguable case and have proved prima facie possession over the suit land. In the event of the defendants’ threat for their evicti......st its authority to sit over the same application. It could only vacate the order of temporary injunction passed earlier, on a subsequent application under Order XXXIX rule 4 of the Code. There is ex-facie illegality in the impugned order and as such it is liable to be set aside. 5. Mr. Bhuiyan h......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......rayer for ejectment cannot be refused on the plea that he is not a habitual defaulter. 11. The Supreme Court in the case of Abul Layes Vs. Mst. Anwara Khatun, (1977) 29 DLR (SC) 13 has held that onus is on the tenant to prove the circumstance which entitled him to deposit rent with the Rent Con..Category: Property Law | Date: | Hits: 87
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151....... was ever given any chance of hearing to explain away the allegation made against her. The petitioner seems to have been condemned unheard. This condemnation or sticking of stigma on her person is ex-facie violative of the principle of natural justice that is to say, violative of the principle as co......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...Category: Criminal Law | Date: | Hits: 87
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