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State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....r section 164 of the Code of Criminal Procedure and it was recorded by the upazila Magistrate, Agiljhara. He examined witnesses recorded the statements under section 161 Cr.P.C. and on finding that a prima facie case had been made out charge sheet against the condemned prisoner under section 302 of ......ion 164 of the Code of Criminal Procedure and it was recorded by the upazila Magistrate, Agiljhara. He examined witnesses recorded the statements under section 161 Cr.P.C. and on finding that a prima facie case had been made out charge sheet against the condemned prisoner under section 302 of the Pe......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....Construction and completed it up to roof level of the building. They had no intention to cause any loss to the plaintiffs. Since they are making construction on their own land, the plaintiffs have no prima facie case for obtaining an order of injunction. 4. After perusing the materials on record ......uction and completed it up to roof level of the building. They had no intention to cause any loss to the plaintiffs. Since they are making construction on their own land, the plaintiffs have no prima facie case for obtaining an order of injunction. 4. After perusing the materials on record and he......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....ared the sketch map of the place of occurrence, seized relevant papers and relevant arms and ammunition, examined witnesses, obtained expert opinion in this matter from arms expert and having found a prima facie case that the said seized arms and ammunition had been found in the possession of the ac......he sketch map of the place of occurrence, seized relevant papers and relevant arms and ammunition, examined witnesses, obtained expert opinion in this matter from arms expert and having found a prima facie case that the said seized arms and ammunition had been found in the possession of the accused,......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....ny rate disproportionately difficult to establish facts which are especially within the knowledge of the accused and which he could prove without difficulty or inconvenience. 27. It is not until a prima facie case is established by the prosecution by proof (1) conscious possession or actual contr......e disproportionately difficult to establish facts which are especially within the knowledge of the accused and which he could prove without difficulty or inconvenience. 27. It is not until a prima facie case is established by the prosecution by proof (1) conscious possession or actual control and...... difficulty or inconvenience. 27. It is not until a prima facie case is established by the prosecution by proof (1) conscious possession or actual control and mens rea or guilty knowledge that the onus shifts. 28. Mr. Aminul Huq submits that Ramna Police Station being a citadel of the Police, ..Category: Criminal Law | Date: | Hits: 87
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....ke that view." 27. The observations of Squarman LJ in the case of Nottinghamshire County Council Vs. Secretary of State, 1986(1) All England Report, 199 is to the effect: "Unreasonableness must prima facie show that the official behaved absurdly or must have taken leave of his senses ". 28.......t view." 27. The observations of Squarman LJ in the case of Nottinghamshire County Council Vs. Secretary of State, 1986(1) All England Report, 199 is to the effect: "Unreasonableness must prima facie show that the official behaved absurdly or must have taken leave of his senses ". 28. Their......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......onment or fines persons guilty of words or acts which either obstruct or tend to obstruct the administration of Justice. This right is exercised in India by all courts when contempt is committed in facie curaie and by the superior Courts on their own behalf or on behalf of Courts subordinate to th......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......cording to Section 2 of the Partition Act, 1898. As regards the claim of gift of the defendants of the suit land, the High Court Division found that the defendant Nos. 1 and 4 failed to discharge the onus of proving the deed of their gift dated 1-11-1978 and, as such, the gift was not proved and it ..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....Udaypur mouza or Char Sitaram mouza, there is no dispute about its identity and it is found to be the one and the same land, which is the bone of contention between the parties. In the absence of any prima facie proof of the settlement from the ex‑landlords, the petitioners are trying to make out ......n the year, 1951, by the Khasmahal Authorities was void and as such, the petitioner was not entitled to be heard before cancelling a void order. It cannot be said that the alleged settlement was ex‑facie void. The question of vires of the alleged settlement of the petitioner cannot be decided with......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... manner." 7. From the aforesaid provisions we find that the Authorised Officer or Building Construction Committee before passing an order to remove or dismantle a building will have to - (i) be prima facie satisfied that the building was constructed without obtaining sanction under Section 3 o......r." 7. From the aforesaid provisions we find that the Authorised Officer or Building Construction Committee before passing an order to remove or dismantle a building will have to - (i) be prima facie satisfied that the building was constructed without obtaining sanction under Section 3 of the ...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....n written by the lawyer under the instructions of his or her client, without any knowledge on his or her part as to the correctness or otherwise of the facts, the position is simple and no offence is prima facie established. In the other case, where the lawyer who writes the intimation containing th......ten by the lawyer under the instructions of his or her client, without any knowledge on his or her part as to the correctness or otherwise of the facts, the position is simple and no offence is prima facie established. In the other case, where the lawyer who writes the intimation containing the defa......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..Category: Family Law | Date: | Hits: 191
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....ected of an offence for which he may be arrested by a police officer or a Court, shall be admitted to bail. The exercise of this power should, however, be confined to cases in which, not only is good prima facie ground made out for the grant of bail in respect of the offence alleged, but also, it sh......of an offence for which he may be arrested by a police officer or a Court, shall be admitted to bail. The exercise of this power should, however, be confined to cases in which, not only is good prima facie ground made out for the grant of bail in respect of the offence alleged, but also, it should b......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....rganj PS Case No. 3 dated 14.5‑97, initiated under sections 147/148/149/447/448/323/326/345/ 349/380/302/109 of the Penal Code. Police, however, after completion of investigation failed to find any prima facie case against him, so far Bhederganj PS Case No. 8 dated 29.2.88 was concerned and as suc......PS Case No. 3 dated 14.5‑97, initiated under sections 147/148/149/447/448/323/326/345/ 349/380/302/109 of the Penal Code. Police, however, after completion of investigation failed to find any prima facie case against him, so far Bhederganj PS Case No. 8 dated 29.2.88 was concerned and as such he w......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...Category: Election Law | Date: | Hits: 121
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112....... provision of Public Servants (Retirement) Act, 1974 not being available to the respondents, their purported action there under has been made with total want of authority and the impugned order is ex facie illegal and void having been made with lack of inherent jurisdiction. 7. Mr. Khondker Amir ...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....ness transaction with the accused nor he is in money lending business. Being induced by the petitioner's promise to repay whenever demanded he gave the money as friendly loan. Court below has found a prima facie case against the accused petitioner on consideration of the said allegations as well as ......ransaction with the accused nor he is in money lending business. Being induced by the petitioner's promise to repay whenever demanded he gave the money as friendly loan. Court below has found a prima facie case against the accused petitioner on consideration of the said allegations as well as other ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
.... view.”
23. The observations of Squarman LJ in the case of Nottinghamshire Country Council Vs. Secretary of State, 1986 (1), All England Reports 199 is to the effect:
“Unreasonableness must prima facie show that the official behaved absurdly or must have taken leave of his senses.”
Th......”
23. The observations of Squarman LJ in the case of Nottinghamshire Country Council Vs. Secretary of State, 1986 (1), All England Reports 199 is to the effect:
“Unreasonableness must prima facie show that the official behaved absurdly or must have taken leave of his senses.”
Their Lo......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
..
Category: Others | Date: | Hits: 128
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....dical Officer of the said hospital. The investigating officer examined some witnesses under section 161 of the Code of Criminal Procedure and on receipt of the post‑mortem report and having found a prima facie case submitted charge‑sheet against the accused persons excluding these 3 accused appe......Officer of the said hospital. The investigating officer examined some witnesses under section 161 of the Code of Criminal Procedure and on receipt of the post‑mortem report and having found a prima facie case submitted charge‑sheet against the accused persons excluding these 3 accused appellants......perty as claimed on behalf of the accused in this case by the learned Advocate for the appellants can justify the murder of the victim Tajur Muluk. In this connection it should be remembered that the onus proving such right of private defence lies on the accused claiming exercise of such right. So, ..Category: Criminal Law | Date: | Hits: 86
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....post‑mortem report Inquiry Officer P.W.4 AHM Shahidullah on 27.8.86 lodged a suo motu FIR against the accused appellant and 4 others under sections 302/201/34 of the Penal Code. After investigation prima facie case having been found against the appellant only charge‑sheet under sections 302/201 ......mortem report Inquiry Officer P.W.4 AHM Shahidullah on 27.8.86 lodged a suo motu FIR against the accused appellant and 4 others under sections 302/201/34 of the Penal Code. After investigation prima facie case having been found against the appellant only charge‑sheet under sections 302/201 of the......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......he rule to the effect that the order of stay will not affect the continuance of enquiry into the affairs of the Al‑Haj Mohammad Yusuf Sardar (Gausia Market) Waqf Estate. As the impugned order is ex facie illegal we are not inclined to consider these papers. The Administrator of Waqfs, in future, m......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....egistered service has a presumption that the said notice has duly been received by the opposite party but he has chosen to remain absent for reasons not known to us. The conduct of the opposite party prima facie appears to be irresponsible and reprehensible. We are satisfied that action under Articl......red service has a presumption that the said notice has duly been received by the opposite party but he has chosen to remain absent for reasons not known to us. The conduct of the opposite party prima facie appears to be irresponsible and reprehensible. We are satisfied that action under Article 51 o......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....itation. 14. Now I pass over to consider that contention urged by the learned Advocate on the point of maintainability. It is submitted by the learned Advocate for the opposite party that the case prima facie is not maintainable inasmuch as prior to filing of the pre‑emption case the land was t......n. 14. Now I pass over to consider that contention urged by the learned Advocate on the point of maintainability. It is submitted by the learned Advocate for the opposite party that the case prima facie is not maintainable inasmuch as prior to filing of the pre‑emption case the land was transfe......t time and the pre‑emption case was filed on 19.11.79. Thus it is evident that the pre‑emption case was filed within 4 months from the date of knowledge. 13. It is settled law that the initial onus of proving a case is always on the petitioner and if the petitioner discharges that onus and ma..Category: Property Law | Date: | Hits: 72
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