Search Options
Judgment Advanced Search
Displaying 901-920 of 1543 results.
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....ch an offence be released on bail." 16. Mr. Moudud Ahmed, the learned Advocate appearing on behalf of the petitioner, submits that provision of section 497(1) CrPC does not mean that if there is a prima facie case against the accused under section 409 of the Penal Code which is punishable with im......offence be released on bail." 16. Mr. Moudud Ahmed, the learned Advocate appearing on behalf of the petitioner, submits that provision of section 497(1) CrPC does not mean that if there is a prima facie case against the accused under section 409 of the Penal Code which is punishable with imprison......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ..Category: Criminal Law | Date: | Hits: 125
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
....itted charge sheet stated that he had recorded statement of the witnesses under section 161 of the Code of Criminal Procedure, seized documents and examined the records. During Investigation he found prima-facie case against the respondents. In cross-examination he stated that he had investigated an......charge sheet stated that he had recorded statement of the witnesses under section 161 of the Code of Criminal Procedure, seized documents and examined the records. During Investigation he found prima-facie case against the respondents. In cross-examination he stated that he had investigated another ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....at he had investigated another case against the respondents in respect of misappropriation of one hundred metric tons of rice for some other projects under Food for Work Program, and did not find any prima-facie case against them. He further stated that he did not take measurement of the project are......had investigated another case against the respondents in respect of misappropriation of one hundred metric tons of rice for some other projects under Food for Work Program, and did not find any prima-facie case against them. He further stated that he did not take measurement of the project areas and......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....rs born on 11.9.71. This view will not prejudice the other party at the trial and the trial Court will be at liberty to determine the age on the basis of evidence. As the victim girl Ranjana Rani Das prima facie appears to be aged about 17 years born on 11.9.91 it is in the best interest of the vict......n on 11.9.71. This view will not prejudice the other party at the trial and the trial Court will be at liberty to determine the age on the basis of evidence. As the victim girl Ranjana Rani Das prima facie appears to be aged about 17 years born on 11.9.91 it is in the best interest of the victim gir......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
.... without forming independent opinion on consideration of the materials on record, that the order was made on being influenced by the decision of the government, that the materials on record disclose, prima facie, offence against the petitioners and that a case of the nature cannot be withdrawn only ......ut forming independent opinion on consideration of the materials on record, that the order was made on being influenced by the decision of the government, that the materials on record disclose, prima facie, offence against the petitioners and that a case of the nature cannot be withdrawn only becaus......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..Category: Criminal Law | Date: | Hits: 81
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
....he has a right to challenge the impugned order as being violative of his aforesaid right. In our view the application under Article 102 of the Constitution filed by the petitioner, as substituted, is prima facie maintainable issue. The petitioner has challenged the impugned order of forfeiture on th...... a right to challenge the impugned order as being violative of his aforesaid right. In our view the application under Article 102 of the Constitution filed by the petitioner, as substituted, is prima facie maintainable issue. The petitioner has challenged the impugned order of forfeiture on the grou...... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......buses towards defendant No. 2. Thereafter a special meeting of the Board of Directors was held on the same date i.e. on 24.8.83 in which the entire matter and the incident were discussed. It was prim facie found that the behaviour of the plaintiff was an act of gross misconduct calling for taking di......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...Category: Employment/Service Law | Date: | Hits: 108
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......bank did not release the documents or deliver the imported goods to the importer under any instruction of the Chief Controller of Imports and Exports. Thus the defendant No. 1 failed to discharge the onus lying on the defence to establish that the plaintiff stood as guarantor for the LC liability of..Category: Civil Law | Date: | Hits: 83
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....tion of Corruption Act in Special Came No. 60 of 1981 pending at that time before the Special Judge, Dhaka Division, Dhaka was not quashed on the further ground that the prosecution having made out a prima facie case against the petitioner, the proceeding need to continue. When the matter was referr......ive Government under a valid law of detention the detaining authority would have discretion of its own to be satisfied as to reasons for detention and if the said order is not without jurisdiction ex facie such as an order passed by a person not at all authorised under the law or passed at a time wh......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
.... of the petition of complaint complicity of the accused petitioner with the commission of the alleged offence could not be traced out and the allegations made in the petition of complaint do not even prima facie constitute any offence against the accused petitioner. We, therefore, hold that no usefu......e petition of complaint complicity of the accused petitioner with the commission of the alleged offence could not be traced out and the allegations made in the petition of complaint do not even prima facie constitute any offence against the accused petitioner. We, therefore, hold that no useful purp......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417...Category: Criminal Law | Date: | Hits: 70
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....ta Vs. Jay Gopal Mukherji reported in 39 CWN 934 wherein his Lordship Rankin CJ sitting with Person J, held: "That a summons sent by registered post and returned with the endorsement 'refused' is prima facie evidence that the addressee had an opportunity to accept it and the service thus effecte...... Jay Gopal Mukherji reported in 39 CWN 934 wherein his Lordship Rankin CJ sitting with Person J, held: "That a summons sent by registered post and returned with the endorsement 'refused' is prima facie evidence that the addressee had an opportunity to accept it and the service thus effected is, ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..Category: Property Law | Date: | Hits: 87
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
....hether the allegation of false statement in the annual return of the company's capital petition is proved or not". In Writ Petition No.10171 of 2007, the High Court Division observed that there are prima facie allegations of forgery against the petitioners and that the writ petition challenging th...... the allegation of false statement in the annual return of the company's capital petition is proved or not". In Writ Petition No.10171 of 2007, the High Court Division observed that there are prima facie allegations of forgery against the petitioners and that the writ petition challenging the poli....... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206...Category: Criminal Law | Date: | Hits: 70
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......section (1) of section 19 a tenant has always to make a personal offer of the rent to the landlord before remitting it by money order. He relies upon the following passage for his contention: "The onus to bring a case within the ambit of s. 19 as to deposit lies on the tenant and conditions for r..Category: Property Law | Date: | Hits: 78
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....at real truth in criminal case. The judicial process can only operate on firm foundation on actual and credible evidence on record. Mere suspicious circumstances cannot relieve the prosecution of its primary duty of proving its case beyond reasonable doubt. In the process of evidence on which prosec......y case in final analysis would have to depend upon its own facts. Although benefit of reasonable doubt should be given to the accused. Of course the Court at the same time rejects evidence which ex‑facie is unreliable and too artificial. 36. It appears that order of conviction rests on sections......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......r applications of the plaintiff opposite party, so it is necessary for the defendant‑petitioners to establish their case of purchase of the suit property as pleaded in the written statement, as the onus of proving the pleadings of the respective parties does never shift. The petitioners, as well a..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......p to contest the suit. Hence it was rightly decreed ex parte. Further contention of the learned Advocate for the petitioner is that in a case under Order 9 rule 13 of the Code of Civil Procedure, the onus is upon the defendant‑petitioner to prove that summons was not duly served upon him, but in t..Category: Procedural Law | Date: | Hits: 94
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......cessary with a view to preventing him from doing any prejudicial act or any act which is intended or likely to endanger public safety or maintenance or public order, the detention of the detenu is ex facie illegal and without lawful authority.
21. Mr. Rafiqul Huq, the learned Advocate appearin......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ...... Jahangir Metal Works to avoid income tax and other complications and that deft No. 1 was a mere benamdar of deft Nos. 2 and 4 and since deft Nos. 2 and 3 did not adduce any evidence to discharge the onus to show that the defendant No. 1 was a mere paper proprietor of the firm M/s Hakim Humuyun and ..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ...... of finding, it is strange how he has passed the impugned order. 15. In an application under Order 9 Rule 13 of the Code of Civil Procedure praying for setting aside the ex parte decree, the whole onus is upon the plaintiff to prove that the summons were duly served upon the defendants. On perusa..Category: Property Law | Date: | Hits: 82
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......the sale before 27‑8‑74. Hence the Misc. Case is not barred by limitation. 4. The learned District Judge, on the other hand appears to have held that the petitioner has failed to discharge his onus to prove that he had no knowledge of the sale beyond 4 months next before the filing of the Mis..Category: Property Law | Date: | Hits: 78
52125205520452025194519251915188518651805178517351665164515651545148514751465122