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Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....nal Procedure. He also took steps for holding of a Test Identification parade inside the Noakhali District Jail where the witnesses concerned identified the condemned prisoners. However, having found prima facie case the Investigating Officer SI Md. Mahfuzur Rahman submitted charge sheet on 16-9-99 ......ocedure. He also took steps for holding of a Test Identification parade inside the Noakhali District Jail where the witnesses concerned identified the condemned prisoners. However, having found prima facie case the Investigating Officer SI Md. Mahfuzur Rahman submitted charge sheet on 16-9-99 agains...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......e issue and not upon the party who desires it. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. The parties on whom the onus of proof lies must, in order to succeed, establish his case and he cannot, on failure to do so,..Category: Property Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....laintiff made an application for interlocutory injunction to stop the bank from making the payment. The Court granted injunction as prayed for. It held that the letter of credit is independent of the primary contract of sale between the buyer and seller. The issuing bank agreed to pay upon presentat......gotiating bank is in the position of a holder in due course and the suit of the buyer must fail if it sought to restrain the issuing bank from reimbursing the negotiating bank. These principles prima facie follow from Shientag, J’s judgment which has been followed both in England and by this Court......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......alat, Chittagong for realization of Taka 78,59,661.37. In this backdrop suppressing material facts the petitioners filed writ petition with a prayer for injunction against the respondents which is ex facie mala fide and for collateral purpose to get some sort of leverage over a sub judice matter and...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
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Category: Business or Commercial Law | Date: | Hits: 251
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ...... criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution never shifts and the duty generally cast upon the prosecution to negative an..Category: Criminal Law | Date: | Hits: 70
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....is to be declared null and void by reason of being manufactured fraudulently during the course of, and by taking advantage of, the illness of the executor. It is noted that the trial Court's judgment primarily deals with the failure on the part of the defendant No. 1 to prove the execution of the de......or gift with exchange coupled with the bona fide intention of the donor to divest himself 'in praesenti' of the property and to confer it upon the donee, found that there is nothing in the case prima facie to show that these essential elements of a Hiba-bil-iwaz are actually absent in this case. In ......g upon the finding in A Rahman Vs. A Rahim Gazi reported in 35 DLR 132, that the plaintiff "who pleads fraud or asks the Court to believe in the existence or non existence of a material fact, the onus of proof [is] on the plaintiff, and that "when a suit is liable to be dismissed if no e..Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
.... and Surveys is the Executive Head of the Directorate of Land Records and Surveys but the Tenancy Act or Rules has nowhere given him power to change/amend/ correct an appellate judgment and, as such, prima facie, the impugned order dated 10-7-2001 passed by the respondent No. 1, marked Annexure C, w......urveys is the Executive Head of the Directorate of Land Records and Surveys but the Tenancy Act or Rules has nowhere given him power to change/amend/ correct an appellate judgment and, as such, prima facie, the impugned order dated 10-7-2001 passed by the respondent No. 1, marked Annexure C, whereup......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397...Category: Property Law | Date: | Hits: 62
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....ional statements of two accused were recorded by a competent Magistrate. After completion of investigation, he submitted charge-sheet under sections 147/148/149/302/ 114/34 of the Penal Code, since a prima facie case was made out against the convicts as well as others under the aforesaid sections. ......statements of two accused were recorded by a competent Magistrate. After completion of investigation, he submitted charge-sheet under sections 147/148/149/302/ 114/34 of the Penal Code, since a prima facie case was made out against the convicts as well as others under the aforesaid sections. 9. T......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....yan is investigating officer of the case and he deposed about investigation works done by him and proved the related documents prepared by him at the time of investigation. He deposed that on getting prima facie materials, he submitted charge-sheet against the accused-persons under sections 302/201 ...... investigating officer of the case and he deposed about investigation works done by him and proved the related documents prepared by him at the time of investigation. He deposed that on getting prima facie materials, he submitted charge-sheet against the accused-persons under sections 302/201 of the...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...Category: Criminal Law | Date: | Hits: 93
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
.... respondent obtained registration of the Trade Mark 'Crocodile' from the Registrar of Trade Marks along with other companies, the appellant never raised any objection against those registration which prima facie shows that the appellant never used the Trade Mark at the relevant time and had he used ......ndent obtained registration of the Trade Mark 'Crocodile' from the Registrar of Trade Marks along with other companies, the appellant never raised any objection against those registration which prima facie shows that the appellant never used the Trade Mark at the relevant time and had he used the tr......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......he issue and not upon the party who denies it. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. The parties on whom the onus of proof lies must, in order to succeed, establish his case and he cannot, on failure to do so,..Category: Property Law | Date: | Hits: 75
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ompliance with the formal demand notice has to be mentioned therein. Section 12 enumerates three conditions for filing a plaint by the eligible creditor which includes, amongst others, the creditor's prima facie case to the effect that the debtor has committed an act of bankruptcy. Rule 33(2) contem......nce with the formal demand notice has to be mentioned therein. Section 12 enumerates three conditions for filing a plaint by the eligible creditor which includes, amongst others, the creditor's prima facie case to the effect that the debtor has committed an act of bankruptcy. Rule 33(2) contemplates......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....lpi Begum examined on 02-04-2001 and the statement of witness Munju examined thereafter, the post-mortem report and other materials on record found that there are sufficient materials to make out a prima-facie case under Section 302 and 34 of the Penal Code for proceeding against the accuse petiti......gum examined on 02-04-2001 and the statement of witness Munju examined thereafter, the post-mortem report and other materials on record found that there are sufficient materials to make out a prima-facie case under Section 302 and 34 of the Penal Code for proceeding against the accuse petitioner w......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....aint. 4. The learned Assistant Judge framed the following issues: (I) Whether the suit was maintainable in its form; (II) Whether the suit was barred by limitation; (III) Whether the plaintiff had prima facie case; (IV) Whether the plaintiff was entitled to the relief prayed for. In the trial, th...... 4. The learned Assistant Judge framed the following issues: (I) Whether the suit was maintainable in its form; (II) Whether the suit was barred by limitation; (III) Whether the plaintiff had prima facie case; (IV) Whether the plaintiff was entitled to the relief prayed for. In the trial, the plai......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......case and evidence on record it cannot be held that prosecution had substantially proved the case beyond reasonable doubt. Benefit of doubt, thus must be given to condemned prisoner Md. Shahjahan. The onus of proving everything essential to establishment of charge against accused lies upon prosecutio..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....claim that the investigating officer was not impartial who on being influenced by Mofizur Rahman had submitted the report in his favour. He observed that initially the investigating officer had found prima facie complicity of Mofizur Rahman and sought permission to submit charge-sheet against him in......that the investigating officer was not impartial who on being influenced by Mofizur Rahman had submitted the report in his favour. He observed that initially the investigating officer had found prima facie complicity of Mofizur Rahman and sought permission to submit charge-sheet against him in the m......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......e vessel. Mr. Huq submits that the suit is maintainable against the vessels and their owners and that the defendants are liable to compensate the plaintiff for damage to the goods. He argues that the onus is on the carrier first to prove that he took all reasonable care while the cargo was in his cu..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ok or paper, is a Publisher which includes the proprietor of the publishing concern. 158. The definitions given in the Printing Presses and Publications (Declaration and Registration) Act, 1973 prima facie show that the posts of' printer' and 'publisher' are posts of profit. 159. The Dec......3 (SC) 107 and Bangladesh Vs. Syed Chand Sultana and others reported in 51 DLR (AD) 24 in support of his contentions that the Writ Petitions are maintainable when the actions taken are found to be ex facie illegal and if for argument's sake the Rules have become infructuous but still the Learned Cou......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....ein such power should be exercised. 1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. 2. Where the allegatio......ch power should be exercised. 1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. 2. Where the allegations in ......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....dinance and no independent suit is maintainable in Civil Court in view of the express bar imposed by section 44 of the Ordinance. 9. Thus it appears that the petitioners have failed to establish a prima facie case in their favour for getting an order of injunction. Moreover, we have already noted......e and no independent suit is maintainable in Civil Court in view of the express bar imposed by section 44 of the Ordinance. 9. Thus it appears that the petitioners have failed to establish a prima facie case in their favour for getting an order of injunction. Moreover, we have already noted that ......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
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