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Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......e totality, not isolated scrutiny. When dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be taken into consideration. a) The onus of proving everything essential to the establishment of the charge against the..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....d the sketch map with his signature and Index as Exhibit.4, 4/1 and 5 respectively. He examined-witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and found a prima facie case against the accused-appellant. He submitted charge-sheet against him. He proved the......sketch map with his signature and Index as Exhibit.4, 4/1 and 5 respectively. He examined-witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and found a prima facie case against the accused-appellant. He submitted charge-sheet against him. He proved the pipe ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....nd signature of the witnesses were obtained there, thus Uttara Police Station Case No.40 dated 29-1-2003 was started. 3. The case was investigated by the police. After investigation police found prima-facie against the sole accused-person and submitted a charge-sheet being No.39 dated 5-2......nature of the witnesses were obtained there, thus Uttara Police Station Case No.40 dated 29-1-2003 was started. 3. The case was investigated by the police. After investigation police found prima-facie against the sole accused-person and submitted a charge-sheet being No.39 dated 5-2-2003 ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
....s status, conduct or intention that person must be the first person to be heard and given the opportunity to dispel the doubt. It was also decided by their Lordships that, a passport is considered as prima facie evidence of citizenship or nationality of its holder. In para 53 it has been opined by t......us, conduct or intention that person must be the first person to be heard and given the opportunity to dispel the doubt. It was also decided by their Lordships that, a passport is considered as prima facie evidence of citizenship or nationality of its holder. In para 53 it has been opined by their L...... and the learned lower appellate court has totally failed to assess the evidence on records and appreciate the actual position of law. The learned Advocate for the petitioner further submits that the onus of proving that the domicile has been chosen in substitution for domicile of origin lies upon t..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......she was the national of any country, which was at war with Bangladesh at any time after 25th March, 1971. As such, the very inclusion of the case property in the Kha list of abandoned buildings is ex-facie void for want of jurisdiction and is violative of the Article 42 of the Constitution. 6. ......iat, Dhaka.............Appellant Vs. ATM Mannan and another..........................Respondents Judgment August 8, 2012. Result: The appeal is allowed. The onus is on the claimant of the building to prove that the building is not an abandoned property and ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....for 90 days on 'no work no pay' basis. When the petitioners could work for so many years as Aircraft Mechanic, Cleaner and Data Entry Assistant respectively and from the note sheets, it being prima facie clear that the Biman found their qualifications suitable and their performances satisfac...... days on 'no work no pay' basis. When the petitioners could work for so many years as Aircraft Mechanic, Cleaner and Data Entry Assistant respectively and from the note sheets, it being prima facie clear that the Biman found their qualifications suitable and their performances satisfactory, ......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....round of non-maintainablity of the same. The main contention of the respondent No.3 is that the return of allotment shows 6, 17,000 shares in the name of the petitioner respondent No.3. So, this is a prima fad evidence of his legal ownership in respect of those shares and that the documents submitte...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......nterest of Taka 15,000 and executed the agreement as a security of the said loan and that he returned back most of the money to the plaintiff on different dates which were duly noted in his diary, so onus was heavily upon him to prove the said case in view of the fact that the agreement was a regist..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....n the court is satisfied that there is reasonable ground to believe that two or more persons have, conspired together to commit an offence or an actionable wrong; that is to say, there should be prima-facie evidence that a person was a party to the conspiracy before his acts can be used against......court is satisfied that there is reasonable ground to believe that two or more persons have, conspired together to commit an offence or an actionable wrong; that is to say, there should be prima-facie evidence that a person was a party to the conspiracy before his acts can be used against his c......ppellate Court nor before this Division nothing could be told from the side of the accused-appellant disclosing the identity of Alamgir Chowdhury....... 56. So, my learned sister has shifted the onus of this fact upon the defence. It is totally against the principles of criminal jurisprudence t..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
...., reported in 61 DLR (AD) 93. 7. On the other hand Mr. Mapjur Kader, learned Assistant Attorney General appearing for the State submits that on inquiry the learned Magistrate, 3rd Class, found a prima-facie case against the accuseds. By referring a decision he also submits where a prima facie c......rted in 61 DLR (AD) 93. 7. On the other hand Mr. Mapjur Kader, learned Assistant Attorney General appearing for the State submits that on inquiry the learned Magistrate, 3rd Class, found a prima-facie case against the accuseds. By referring a decision he also submits where a prima facie case of...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ve got no imperative force. 39. In this connection it is necessary to remember that status, dignity and importance of two respective institutions, the legislatures and the judicature, are derived primarily from the status, dignity and importance of the respective causes, that are assigned to the......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......ce for the fact that the legislature is the best judge of such matters, but if in a given case, the allegations to such effect are made, the court may examine the validity of the said contention, the onus on the person alleging being extremely heavy; (q) The rules which the legislature has to ma..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....onal statement of Abdul Karim. 22. At the stage of hearing application for bail, in 27 DLR (1975) 665 Abdul Motaleb Vs. State, it has been held that, considering the application for bail "A prima-facie assessment has, therefore, of necessity, to be made of the materials so produced. This a......tatement of Abdul Karim. 22. At the stage of hearing application for bail, in 27 DLR (1975) 665 Abdul Motaleb Vs. State, it has been held that, considering the application for bail "A prima-facie assessment has, therefore, of necessity, to be made of the materials so produced. This assessm......rt that "it is not the prima facie case against the accused, but reasonable ground for believing that he has been guilty which prohibits granting of bail. The onus is on the prosecution to disclose those reasonable grounds. Court has to examine the data avail..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
...... of law.
21. In the case of Government of Bangladesh represented by the Secretary, Ministry of Works Vs. Md. Jalil and others (1996) 48 DLR (AD) 10, this Division held as under:
“The onus, therefore, is squarely on the claimant of the building to prove that the building is not an ab..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......with the provisions of PO No. 46 of 1972 shall be the sole basis for holding the election of the Bar Council but on scrutiny, the list of voters published by the Bar Council on 9-4-2012 shows ex-facie that the same was merely consolidation of the members list obtained from various Bar Asso......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....ar as the submission of Mr. Hassan Ariff that the Commission having given a letter to the petitioner that it filed the allegation brought against him in view of the report submitted in the matter, prima-facie, proved that the petitioner committed no offence. Therefore, the impugned proceedin......the submission of Mr. Hassan Ariff that the Commission having given a letter to the petitioner that it filed the allegation brought against him in view of the report submitted in the matter, prima-facie, proved that the petitioner committed no offence. Therefore, the impugned proceeding is n......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......s defendant No. 1 in his written statement stated in no uncertain terms that he did not sign the 'bainapatra' and that his signature was forged in the bainapatra. Such being the state of affairs, the onus shifted on the plaintiff to show that defendant No.1, in fact, signed the bainapatra by obtaini..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....mentality of the accused, the nature of his act and its effect upon human victim. It is, therefore, indispensable that the death of a person should be connected with the act of violence or other primary cause, not merely by a chain of causes and effect, but by such direct influence as is calcul......ry meaning of the word "appear" and from a reading of the words "and it appears to the court that he is a child (emphasis supplied)" used in subsection (1) of section 66, it prima facie appears to us that the legislature has given a plenary jurisdiction or power to the Court...... 302/34 of the Penal Code. To make it clearer, it can be said that to bring an omission within the periphery of section 32 of the Penal Code, it is incumbent that the omission must be illegal and the onus is surely upon the prosecution to show that omission (here failure to rescue Trisha while drown..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... the violator that compensation would be awarded by the Court in a petition under Article 32. The infringement of the fundamental right must be gross and patent, that is, incontrovertible and ex-facie glaring and either such infringement should be on a large scale affecting the fundamental...... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....enge the vires of law is completely barred under articles 47(3) and 47A of the Constitution. 21. I have heard the learned Counsel. It seems to me that Mr. Khan has tried to assail the amendments primarily on the rule against retrospectively. The International Crimes (Tribunals) Act, 1973 ; for ...... no chance of being implicated for any such crime committed during liberation war. If upon investigation any such offence committed after the law came into force is found to have been prima facie established against him or any other citizen like him appropriate legal consequence will ......an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
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