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Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....e question is the custody of property like taxi cab, the Magistrate instead of entering into investigating the title of the taxi cab claimant, it is his duty to decide expeditiously who is the person prima facie entitled to possession thereof and hand over its possession to him for avoiding great lo......tion is the custody of property like taxi cab, the Magistrate instead of entering into investigating the title of the taxi cab claimant, it is his duty to decide expeditiously who is the person prima facie entitled to possession thereof and hand over its possession to him for avoiding great loss tha......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....onducted further investigation, secretly as well as openly, and based on his own investigation as well as on the findings of the investigation of his previous Investigating Officer he, having found a prima facie case under section 19A and 19(f) of the Arms Act against the accused, has submitted the ......ed further investigation, secretly as well as openly, and based on his own investigation as well as on the findings of the investigation of his previous Investigating Officer he, having found a prima facie case under section 19A and 19(f) of the Arms Act against the accused, has submitted the charge...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......l displace the presumption of absence of circumstances bringing his case within any exception and that will suffice to satisfy the Court that such circumstances may have existed. In criminal law, the onus of establishing all the ingredients, which could make a criminal offence, lies always on the pr..Category: Criminal Law | Date: | Hits: 128
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... an echolac bag allegedly belonging to the appellant. 19. It is a settled proposition of law that the prosecution must prove the case against the accused persons beyond all reasonable doubt. The onus lies heavily on the prosecution to prove the prosecution allegation. The defence has no burden ..Category: Criminal Law | Date: | Hits: 87
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....le 22 of Bangladesh Cinematography Rules, 1972 without any show cause and without any valid grounds and hence the plaintiff prayed for temporary injunction on the ground that the plaintiff has a good prima facie case. Moreover, the balance of convenience and inconvenience are in favour of the plaint......of Bangladesh Cinematography Rules, 1972 without any show cause and without any valid grounds and hence the plaintiff prayed for temporary injunction on the ground that the plaintiff has a good prima facie case. Moreover, the balance of convenience and inconvenience are in favour of the plaintiff‑......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....ion 202 of the Code of Criminal Procedure. Such enquiry was held by another Magistrate, who after examining as many as five witnesses of the complainant submitted enquiry report with the finding that prima facie case against Dulal Hossain, the husband of the deceased, was made out. The learned Magis......2 of the Code of Criminal Procedure. Such enquiry was held by another Magistrate, who after examining as many as five witnesses of the complainant submitted enquiry report with the finding that prima facie case against Dulal Hossain, the husband of the deceased, was made out. The learned Magistrate ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..Category: Criminal Law | Date: | Hits: 81
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... decree or to delay execution of the same. Mr. Ahmed also addressed that no evil intent in withdrawing of the bills can be imputed to the appellant as, according to him, the plaintiff failed to prove prima facie case and, as such, the Court passed the order most illegally and should be set aside. Ra......e or to delay execution of the same. Mr. Ahmed also addressed that no evil intent in withdrawing of the bills can be imputed to the appellant as, according to him, the plaintiff failed to prove prima facie case and, as such, the Court passed the order most illegally and should be set aside. Rafique-...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
.... Advocate appearing for the opposite parties, submitted in support of the impugned order reading the findings of the Appellate Court below that it has rightly passed the impugned order finding a good prima facie and arguable case and he cannot further improve the case of the plaintiff-opposite-parti......ate appearing for the opposite parties, submitted in support of the impugned order reading the findings of the Appellate Court below that it has rightly passed the impugned order finding a good prima facie and arguable case and he cannot further improve the case of the plaintiff-opposite-parties bet......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....ly when it thinks it necessary but such an enquiry is never obligatory. The Court has enough power to lodge such a complaint without holding any enquiry at all when from the proved facts the Court is prima facie satisfied that an offence has been committed before him in a proceeding or in relation t......n it thinks it necessary but such an enquiry is never obligatory. The Court has enough power to lodge such a complaint without holding any enquiry at all when from the proved facts the Court is prima facie satisfied that an offence has been committed before him in a proceeding or in relation thereto......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ..Category: Criminal Law | Date: | Hits: 82
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49......., the suit will have to be decided on the basis as to when the possession of the defendants became adverse to the plaintiff. In this way, Article 144 gets attracted subsequently, although the initial onus was upon the plaintiff to prove his possession within twelve years before the institution of th..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....rustee cannot be changed by a purchase committee to sell out the said land. The purchase committee of the Trust had taken such decision to sell out the property belonging to the trust appears to be a prima facie case which cannot be decided by this Court. Further, it appears the charge has not yet b...... cannot be changed by a purchase committee to sell out the said land. The purchase committee of the Trust had taken such decision to sell out the property belonging to the trust appears to be a prima facie case which cannot be decided by this Court. Further, it appears the charge has not yet been fr......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 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 had 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 had disclosed a prima facie case in his complaint has had an opportunity of placing materials on which he bases his compla......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......tion requiring decision which is whether prosecution could succeed substantially proving charge levelled against convict-appellant. 29. The fundamental principles of Criminal Jurisprudence is that onus of proving everything essential to establishment of charge against accused lies upon prosecutio..Category: Criminal Law | Date: | Hits: 84
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
.... 7. It also denied that the plaintiffs already paid 300% of the principal amount. 8. By impugned order, learned Joint District Judge held that he was satisfied that the plaintiff made out a good prima facie case for trial and the defendants failed to controvert by any papers in showing that the......It also denied that the plaintiffs already paid 300% of the principal amount. 8. By impugned order, learned Joint District Judge held that he was satisfied that the plaintiff made out a good prima facie case for trial and the defendants failed to controvert by any papers in showing that the plain......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....R 1952 AP 73, 77. 17. Besides, the expression 'debt' has been used in several enactments in our country as well as in other Commonwealth Countries. The connotation of 'debt.' contemplates that the primary right was to receive money or money's worth whether presently or in future and the correspon......g up of Companies which have not paid their debts or which are unable to pay their debts. Therefore, it was observed by the Karnataka High Court that the first prerequisite must be to establish prima facie a debt against the respondent company. But when a claim or debt is disputed the proper forum f......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....meaning of the word arms and determination of this question would depend on the circumstances of the case and not only the shape of the weapon or the size of its blade. If the weapon is obviously and primarily designed as an instrument for domestic use then it would normally fall outside the definit......t kept the weapons with him and allegedly committed the offence as aforesaid. Thus the accused appellant allegedly used the dagger as well as the razor as a weapon of offence. Thus we find a prima facie case against the accused appellant. The learned Tribunal committed no illegality in rejecting ......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ..Category: Criminal Law | Date: | Hits: 78
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......Indian Cases 715 Lala Brij Lal Vs. Musammat Inda Kunwar and others, in an appeal arising out of a suit for possession by the reversioners, from Allahabad High Court, the Privy Council held— "The onus of supporting a sale by a Hindu widow is on the purchaser and there must be evidence to prove l..Category: Property Law | Date: | Hits: 64
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
...... appear to include an order in refusing to exercise a jurisdiction vested in the Appellate Tribunal. Besides, when order results from non-exercise of jurisdiction vested in a statutory body and is ex facie without jurisdiction, invoking of constitutional jurisdiction under Article 102 of the Constit...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361....... 2007. The accused petitioner was not named in the FIR and no case has been stated against him in the F.I.R. 4. That a Deputy Director of the ACC, took up investigation and having found a Prima facie case he has submitted Charge sheet No. 535/Cha dated 20.09.2007, under section 409/109 of the ......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ly or wilfully, on certain assumption or conjecture, which according to the provisions of law, as have been mentioned above. 57. A Court of law cannot proceed judicially on a bare statement that a prima facie case under certain penal provision has been proved against the accused persons, without ......was not in accordance with law and, as such, the mandatory provision of law has been violated in lodging the FIR or in starting the case against the petitioner by the informant and, as such, it is ex-facie illegal and malice in law inasmuch as to complaint ever been lodged by any person or any quart......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126
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