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Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....o control the exit. So a pass port, whether in England or in the United States of America' serves diverse purposes; it is a "request for protection", it is a document of identity, it is prima facie evidence of nationality, in modern times it not only controls exit from the State to whi......rol the exit. So a pass port, whether in England or in the United States of America' serves diverse purposes; it is a "request for protection", it is a document of identity, it is prima facie evidence of nationality, in modern times it not only controls exit from the State to which one......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
.... in this case is liable to be discharged. 7. The pertinent question raised in this proceeding is whether the alleged facts available in the FIR and charge-sheet are Sufficient to show prima facie of offence relating to forgery and extortion against the accused-petitioner, so as to co......is case is liable to be discharged. 7. The pertinent question raised in this proceeding is whether the alleged facts available in the FIR and charge-sheet are Sufficient to show prima facie of offence relating to forgery and extortion against the accused-petitioner, so as to connect ......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....In the matter of public companies listed with the stock exchanges/the bona fide in filing the suits and in seeking injunction has to be seriously considered. Besides, the trial court's order must prima-facie show that it has considered as to whether the petitioner has come in clean hands, whethe...... matter of public companies listed with the stock exchanges/the bona fide in filing the suits and in seeking injunction has to be seriously considered. Besides, the trial court's order must prima-facie show that it has considered as to whether the petitioner has come in clean hands, whether the ......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....ly ignored.……………………….(11) The object of section 342 is to afford to the accused an opportunity of showing that the circumstances relied upon by the prosecution which may be prima-facie against him, is not true or is consistent with his innocence. The opportunity must be r......ored.……………………….(11) The object of section 342 is to afford to the accused an opportunity of showing that the circumstances relied upon by the prosecution which may be prima-facie against him, is not true or is consistent with his innocence. The opportunity must be real an...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ....... The pertinent question in those cases was whether it was established by evidence that the accused person was in his house where his wife was murdered, failing which he could not be saddled with any onus to prove his innocence. If it could be established by evidence that the accused was in his hous..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....ahman. Two members of the Allotment Committee raised objection about the said illegally inserted decision, and accordingly the matter was enquired into by the Anti-Corruption Bureau and when the prima-facie truth in the allegation was found by the preliminary enquiry, Inspector Mr. Md. Rafiqul ...... Two members of the Allotment Committee raised objection about the said illegally inserted decision, and accordingly the matter was enquired into by the Anti-Corruption Bureau and when the prima-facie truth in the allegation was found by the preliminary enquiry, Inspector Mr. Md. Rafiqul Islam ......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278. ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
....e Labour Court No.2, Dhaka. 13. Having considered the explanation of the learned Judge, the order sheet annexed with the application and also considering the facts and circumstances of the case, prima facie, we are of the view that the person sitting in high judicial post who refrained himself ......ur Court No.2, Dhaka. 13. Having considered the explanation of the learned Judge, the order sheet annexed with the application and also considering the facts and circumstances of the case, prima facie, we are of the view that the person sitting in high judicial post who refrained himself from p...... Affairs, Government of Bangladesh and Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474. ..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......gation so made therein. 16. Since it is our concerned view that appointment of the Administrator upon dissolving the Executive Council on 15-5-2012 under section 9(1) of the Ordinance is ex-facie illegal and without jurisdiction as such preparation of voter list by the Administrator, respo......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
.... be attracted since offence as well as its punishment, if any, would be dealt with under the Ain of 2002. Thirdly, from a clear reading of the FIR, Investigation Reportan other materials on record, a prima-facie case under sections 2(ট) (আ)(ই) and section 13 of the Ain of 2......tracted since offence as well as its punishment, if any, would be dealt with under the Ain of 2002. Thirdly, from a clear reading of the FIR, Investigation Reportan other materials on record, a prima-facie case under sections 2(ট) (আ)(ই) and section 13 of the Ain of 2002 ha......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....uted simply because the same is denied or disputed by a contending party, unless the veracity of the same is put under challenge or is put under doubt by filing any counter document/paper which, prima facie, renders a fact emerging from a document/paper annexed to the writ petition relied ......imply because the same is denied or disputed by a contending party, unless the veracity of the same is put under challenge or is put under doubt by filing any counter document/paper which, prima facie, renders a fact emerging from a document/paper annexed to the writ petition relied upon b...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......ioner after placing the petition, impugned order and the different Annexures appended to the petition mainly argued that the certificate under section 33(7) of the Ain issued by the Adalat is ex facie illegal since the same was issued beyond the scope of the express provision of Ain itself. He ......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....ined full-shirt and other articles from the house of Tipu and seized them as per seizure-list dated 27-9-2000 (Exhibit-12). 43. The P.W.3 Md. Mainul Islam also testifies that having found a prima facie case, he submitted the charge-sheet No.157 dated 18-4-2001 against the accused Syed Abdu......ull-shirt and other articles from the house of Tipu and seized them as per seizure-list dated 27-9-2000 (Exhibit-12). 43. The P.W.3 Md. Mainul Islam also testifies that having found a prima facie case, he submitted the charge-sheet No.157 dated 18-4-2001 against the accused Syed Abdullah A......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... an issue is upon the accused, he is not, in general, called on to prove it beyond a reasonable doubt, or in default to incur a verdict of guilty, it is sufficient, if he, succeeds in proving, a prima facie case for, then the burden of such issue is shifted on the prosecution, which has still ......sue is upon the accused, he is not, in general, called on to prove it beyond a reasonable doubt, or in default to incur a verdict of guilty, it is sufficient, if he, succeeds in proving, a prima facie case for, then the burden of such issue is shifted on the prosecution, which has still to, di......ad with section 364 of the Code of Criminal Procedure……………………(5) Initial burden of proof Under the prevailing system of the administration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. If the prosecution has faile..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....f an issue is upon the accused, he is not, in general, called on to prove it beyond a reasonable doubt, or in, default to incur a verdict of guilty, it is sufficient, if he, succeeds in proving, a prima facie case for, then the burden of such issue is shifted on the prosecution, which has still ......ssue is upon the accused, he is not, in general, called on to prove it beyond a reasonable doubt, or in, default to incur a verdict of guilty, it is sufficient, if he, succeeds in proving, a prima facie case for, then the burden of such issue is shifted on the prosecution, which has still to, d......on the ground that this statement corroborates the injuries.……………………(5) Burden of proof Under the prevailing system of the administration of criminal justice, the initial onus to prove the charge of death of a victim is upon the prosecution. As regards the initial burde..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....me of their father showing his address at 157, Bara Moghbazar, rent receipts, municipal tax receipts, bills of various utility services, the tenancy agreements first one being of the year, 1967, prima-facie, proved their possession in the suit plot, besides other documents already discussed ear......their father showing his address at 157, Bara Moghbazar, rent receipts, municipal tax receipts, bills of various utility services, the tenancy agreements first one being of the year, 1967, prima-facie, proved their possession in the suit plot, besides other documents already discussed earlier a......d that as per the order of the Parliamentary Standing Committee the report came, which was kept with RAJUK. But the report given by the Parliamentary Standing Committee was not called for from RAJUK; onus was squarely upon the plaintiff to prove the report by examining a competent witness as pe..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ip;………………(45) Possibilities of Implication as an Abettor- Though the name of the accused-petitioner has not been mentioned in the FIR, but his prima facie involvement has been disclosed in the charge-sheet submitted by the investigating office......llip;……………(45) Possibilities of Implication as an Abettor- Though the name of the accused-petitioner has not been mentioned in the FIR, but his prima facie involvement has been disclosed in the charge-sheet submitted by the investigating officer duly...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....rge. He proved the inquest (Exhbt.1) and his signature on it (Exhbt.1/1). He recorded the FIR (Exhbt.2) and his signature on it (Exhbt.2/1). In cross-examination he denied the suggestion that no prima facie case was found against the accused Mom Bhuiyan, P.W.10 Bimol Chandra Das, Senior As......e proved the inquest (Exhbt.1) and his signature on it (Exhbt.1/1). He recorded the FIR (Exhbt.2) and his signature on it (Exhbt.2/1). In cross-examination he denied the suggestion that no prima facie case was found against the accused Mom Bhuiyan, P.W.10 Bimol Chandra Das, Senior Assistan......e totality, not isolated scrutiny, When dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be taken into consideration. a) The onus of proving everything essential to the establishment of the charge against the accused lies on ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....irector, Anti-Corruption Commission recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and collected materials and information in this regard. Having found a prima-facie case, the aforesaid Deputy Assistant-Director, Anti-Corruption Commission submitted char......r, Anti-Corruption Commission recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and collected materials and information in this regard. Having found a prima-facie case, the aforesaid Deputy Assistant-Director, Anti-Corruption Commission submitted charge-she......ion to clear his position and account for in respect of possession of properties allegedly disproportionate to his known sources of income to the satisfaction of the Court at the time of trial having onus to rebut presumption of guilt under section 27(2) of the Anti-Corruption Commission Act, 2004, ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... they, in collaboration with each other, issued the cheques but the same were dishonoured for insufficient fund. 17. From the above facts and circumstances of the case, there is evidently a prima-facie case in the petition of complaint to proceed against the accused-petitioners under secti...... in collaboration with each other, issued the cheques but the same were dishonoured for insufficient fund. 17. From the above facts and circumstances of the case, there is evidently a prima-facie case in the petition of complaint to proceed against the accused-petitioners under sections 13......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......on to clear his position and account for in respect of possession of properties, allegedly disproportionate to his known source of income, to the satisfaction of the Court at the time of trial having onus to rebut presumption of guilt under section 27(2) of the Anti-Corruption Commission Act, 2..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
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