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Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....on Department also received a Memo dated 19.10.83 with a paper cutting from the 'Daily Dabanal' dated 27.9.83 publishing the news of misappropriation of Government fund by the Head Master of the said primary school from the Martial Law Authority, Bogra. 3. The case was then enquired into by an As...... 3. The case was then enquired into by an Assistant Inspector of DAB as well as by P.W.1 Md. Khandkar Nazmul Haque, (Retd.) Assistant Inspector, Kurigram who after the enquiry having found a prima facie case lodged a regular FIR on 30.9.84 with the Ulipur Police Station against the accused appell......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....n that the election would not be fair in such circumstances for the purpose of effective application of law and for the purpose of keeping the impartiality, honesty of the officer conducting election prima facie on the right track and for ends of justice and equality, the Election Commission conside......ist as Chairman candidate. The Appellate Authority directed the Returning Officer to submit his report and the report was submitted (Annexure B) along with a certificate of the Krishi Bank showing ex facie that the respondent No.8 paid the said loan on 1.9.92 and thereby defaulted in paying the said...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..Category: Election Law | Date: | Hits: 153
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....ahabuddin Ahmed is constitutionally disqualified under Article 99(1) of the Constitution to become the President of Bangladesh. From the cause title and the prayer portion of this writ application it prima‑facie appears to be a writ of quo warranto under Article 102(2) (b) (ii) of the Constitution......n Ahmed is constitutionally disqualified under Article 99(1) of the Constitution to become the President of Bangladesh. From the cause title and the prayer portion of this writ application it prima‑facie appears to be a writ of quo warranto under Article 102(2) (b) (ii) of the Constitution. Articl...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ...... case holding and that Nowab Ali sold the land of khatian No.76 to opposite party Nos.1 and 2 (both the pre-emptees) . 14. Admittedly, the right of pre-emption is a predatory right and as such the onus lies heavily on the pre-emptor to prove his case. As soon as the pre-emptee exhibited the certi..Category: Property Law | Date: | Hits: 58
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......-payment of the balance consideration and thus to refuse to decree the suit as a whole. He has further contended that execution of the agreement having been admitted by the contesting defendant the onus was upon him to prove that he did not enter into the agreement to sell 2.44 acres of land but o..Category: Property Law | Date: | Hits: 72
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....wo accused appellants filed applications before the Special Tribunal praying for bail on different occasions but their prayers for bail were rejected mainly on the ground that the police found a prima facie case against them. Lastly, their applications for bail were rejected by the Special Trib......used appellants filed applications before the Special Tribunal praying for bail on different occasions but their prayers for bail were rejected mainly on the ground that the police found a prima facie case against them. Lastly, their applications for bail were rejected by the Special Tribunal o......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....in law and according to the learned Deputy Attorney‑General the matter was further investigated as the police did not get all facts earlier, and it caused no error or illegality and after finding a prima facie case as alleged in the FIR of 1991 filed by Jatana Rani wife, of the victim, the Police ...... and according to the learned Deputy Attorney‑General the matter was further investigated as the police did not get all facts earlier, and it caused no error or illegality and after finding a prima facie case as alleged in the FIR of 1991 filed by Jatana Rani wife, of the victim, the Police submit...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......, on hearing both the parties, upheld the judgment of the appellate court making observation to the effect that in this suit since the defendant admitted his signatures on the disputed kabala the onus was upon him to prove the circumstances under which he put those signatures and that the de..Category: Property Law | Date: | Hits: 74
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......etting aside the concurrent findings of the courts of fact; The learned Advocate has argued further that in this suit for declaring the judgment and decree of the earlier partition suit illegal the onus was upon the contesting defendants to prove that summons and notices of the partition suit were..Category: Property Law | Date: | Hits: 80
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313....... been licensed. The question of curtailment of any area arises only where there exists a licence for an area. Second Proviso to section 4 relates to an existing right. A careful reading of the law ex-facie ex-fanci indicates that it not only applies to a case on coming into force of the amendment bu......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669....... all the evidence produced before him were produced before the Custom authorities. 12. The Court below held that- "Section 177A of the Sea Customs Act is not applicable in the present case and the onus of proof lies on the defendants to prove that the goods in question were smuggled goods." Secti..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....o were residing in the sheds, which were subsequently demolished in the process, although there was no specific order for demolition of any structure. This action of the learned Advocate Commissioner prima facie betrays a sense of over zealous on his part. 9. An award decree is nothing more than ...... residing in the sheds, which were subsequently demolished in the process, although there was no specific order for demolition of any structure. This action of the learned Advocate Commissioner prima facie betrays a sense of over zealous on his part. 9. An award decree is nothing more than a prel......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....sional statements under Section 164 of the Code of Criminal Procedure and thereafter submitted a charge-sheet against the accused-appellants and others under sections 395/397 of the Penal Code, since prima facie case was made out against them. 4. The case record ultimately came to the file of th...... statements under Section 164 of the Code of Criminal Procedure and thereafter submitted a charge-sheet against the accused-appellants and others under sections 395/397 of the Penal Code, since prima facie case was made out against them. 4. The case record ultimately came to the file of the pres......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488...Category: Criminal Law | Date: | Hits: 70
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....had threatened them. 5. After such denial of the allegations it was incumbent on the learned District Judge to hold an enquiry by recording evidence of the parties to find out whether there is any prima facie case to send the matter to this court to draw up a proceeding for contempt of court. He ......reatened them. 5. After such denial of the allegations it was incumbent on the learned District Judge to hold an enquiry by recording evidence of the parties to find out whether there is any prima facie case to send the matter to this court to draw up a proceeding for contempt of court. He could ......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...Category: Criminal Law | Date: | Hits: 73
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....avour of the plaintiffs. 7. I do not want to opine here as to whether the suit for permanent injunction is maintainable or not. Suffice it to say that in a suit for permanent injunction finding of prima facie title and clear possession is essential. This aspect of the case will be seen by the tri......of the plaintiffs. 7. I do not want to opine here as to whether the suit for permanent injunction is maintainable or not. Suffice it to say that in a suit for permanent injunction finding of prima facie title and clear possession is essential. This aspect of the case will be seen by the trial Cou......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656...Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....overnment accorded sanction to construct Union Parishad Bhaban and Community Centre at Gilabari. 8. Now, from the impugned order and other papers it appears that Union Parishad concerned is only a primary authority to recommend for selection of site of Union Parishad Bhaban and Community Centre. ......mend for selection of site of Union Parishad Bhaban and Community Centre. It is not the final authority. So, from the facts and circumstances of the case, it appears that the plaintiffs have no prima facie case to obtain an order of injunction. All the facts were not placed before the learned Distri......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...Category: Civil Law | Date: | Hits: 99
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....in unambiguous language stipulated the allotment could be cancelled on month's notice if and when the house/property was released or otherwise disposed of by the government. He submitted that term(s) prima facie shows that the government reserved its right to dispose of the suit property subject to ......mbiguous language stipulated the allotment could be cancelled on month's notice if and when the house/property was released or otherwise disposed of by the government. He submitted that term(s) prima facie shows that the government reserved its right to dispose of the suit property subject to the co......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......commission works in accordance with law. The High Court Division did not point out what illegality the learned Joint District Judge has committed in discarding the reports and illegally shifted the onus upon the defendants to prove the collusion between the plaintiff and the commissioners. If th..Category: Civil Law | Date: | Hits: 73
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....oner attacked the informant party and the deceased. We also find no substance in the submission of Khandaker Mahbub Hossain that as the petitioner gave only one blow on the chest wall of the deceased prima facie proved that he had no intention to kill the deceased. Our reason being that from the evi......ttacked the informant party and the deceased. We also find no substance in the submission of Khandaker Mahbub Hossain that as the petitioner gave only one blow on the chest wall of the deceased prima facie proved that he had no intention to kill the deceased. Our reason being that from the eviderfce......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535...Category: Criminal Law | Date: | Hits: 52
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
.... the trial Court, Appellate Court as well as of the High Court Division, and it appears that the High Court Division has in detail discussed the evidences on record and found that the plaintiffs have prima facie title and exclusive possession in the suit land. The Appellate Court in arriving at its ......rial Court, Appellate Court as well as of the High Court Division, and it appears that the High Court Division has in detail discussed the evidences on record and found that the plaintiffs have prima facie title and exclusive possession in the suit land. The Appellate Court in arriving at its decisi......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...Category: Procedural Law | Date: | Hits: 57
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