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Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... rejected the same by the impugned judgment and order. 6. Mr. Habibul Islam Bhuiyan, learned Senior Counsel for the appellant submits that the trial Court though found that the plaintiff has got a prima facie case for temporary injunction but erred in law in refusing the prayer for injunction on ......ted the same by the impugned judgment and order. 6. Mr. Habibul Islam Bhuiyan, learned Senior Counsel for the appellant submits that the trial Court though found that the plaintiff has got a prima facie case for temporary injunction but erred in law in refusing the prayer for injunction on the wr...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....tness and not merely on vague, wild and general allegations. In the present case as discussed above, the grounds taken by the informant opposite party No.2 have not been substantiated by any proof prima facie to show that the petitioners had, in fact, threatened him or his witnesses as alleged or......and not merely on vague, wild and general allegations. In the present case as discussed above, the grounds taken by the informant opposite party No.2 have not been substantiated by any proof prima facie to show that the petitioners had, in fact, threatened him or his witnesses as alleged or any u......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......ainly that they never violated any terms or conditions subject to which the sanction was granted nor that they did make any false statements, and that the order of cancellation of the sanction was ex-facie bad in law. 10. The respondent 3 by his letter dated 21-09-99 informed the petitioners that......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....r Article 102 (2) (b) of the Constitution. The English principle as expressed by Lord Atkin in his dissenting speech in Liversidge Vs. Anderson that every imprisonment without trial and conviction is prima facie unlawful and the onus is upon the detaining authority to justify the detention by establ......cle 102 (2) (b) of the Constitution. The English principle as expressed by Lord Atkin in his dissenting speech in Liversidge Vs. Anderson that every imprisonment without trial and conviction is prima facie unlawful and the onus is upon the detaining authority to justify the detention by establishing......at there are materials as the basis of the satisfaction of a reasonable, man as to the necessity of the detention for the purpose of preventing the detenu from committing a prejudicial act. The onus is completely on the authority who has deprived a citizen of his personal liberty by detain..Category: Constitutional Law | Date: | Hits: 291
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......d that the learned Additional District Magistrate passed the impugned judgment and order without applying his judicial mind which is definitely bad in law and as such cannot be supported; which is ex facie illegal. Accordingly the appeal is allowed and the order of acquittal of the accused responden......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ..Category: Criminal Law | Date: | Hits: 44
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....ion of the land as they are residing there by constructing their dwelling houses. 5. On appeal preferred by the plaintiffs, the learned District Judge, having considered the documents on which the prima facie title of the plaintiffs is based, found that the claim of the plaintiffs in respect of t...... the land as they are residing there by constructing their dwelling houses. 5. On appeal preferred by the plaintiffs, the learned District Judge, having considered the documents on which the prima facie title of the plaintiffs is based, found that the claim of the plaintiffs in respect of the lan......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390...Category: Property Law | Date: | Hits: 64
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
.... 02.03.2008 under Section 302/34/109 of the Penal Code against seven accused persons and also recommended to discharge the accused petitioner along with 20 other accused persons from the case as no prima-facie case has been made out against them. The informant being aggrieved filed another naraji .......2008 under Section 302/34/109 of the Penal Code against seven accused persons and also recommended to discharge the accused petitioner along with 20 other accused persons from the case as no prima-facie case has been made out against them. The informant being aggrieved filed another naraji petiti......aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55...Category: Criminal Law | Date: | Hits: 42
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
....e function of the Nikah Registrar up to 11.12.2005 and thus, misappropriated TK. 50,000.00 of the complainant. 3. After investigation the investigating officer submitted final report on finding no prima facic case and the Magistrate accepted the final report and discharged the accused persons. ...... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53....... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53...Category: Criminal Law | Date: | Hits: 44
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......ailed that the deed in question was obtained by practicing fraud upon them. It is now settled principles of law that when a document is executed and registered by a village illiterate pardanshin lady onus heavily lies upon the recipients of the document to show that the executrix had proper and inde..Category: Property Law | Date: | Hits: 84
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e FIR was lodged on 26.10.2009 under the Ain of 2009. Having considered the FIR, Charge Sheet and other materials on record we have found that the allegation lodged against the petitioner discloses a prima facie case under Section 2 (ঠ) (অ) (আ) and 13 of the Ain of 2002. 16. In the facts an......was lodged on 26.10.2009 under the Ain of 2009. Having considered the FIR, Charge Sheet and other materials on record we have found that the allegation lodged against the petitioner discloses a prima facie case under Section 2 (ঠ) (অ) (আ) and 13 of the Ain of 2002. 16. In the facts and circ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....tion 161 Cr.P.C., sent accused Fazilutennessa to a competent Magistrate for recording her confessional statement under section 164 Cr.P.C., and submitted charge-sheet against both the accused since a prima facie case was made out against them under sections 302/34 of the Penal Code. 29. In cross-......61 Cr.P.C., sent accused Fazilutennessa to a competent Magistrate for recording her confessional statement under section 164 Cr.P.C., and submitted charge-sheet against both the accused since a prima facie case was made out against them under sections 302/34 of the Penal Code. 29. In cross-examin...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..Category: Criminal Law | Date: | Hits: 84
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......e source of the products of the appellant inasmuch as the confusion is improbable, impossible in the face of the two marks if viewed in their entirety. The learned Advocate further submits that heavy onus lies of the person who files an application for rectification to show that the mark in question..Category: Intellectual Property Law | Date: | Hits: 226
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....he death was due to injuries which were ante mortem in nature. Accused being the husband of the victim cannot avoid criminal liability for the unnatural death of his wife. His act, if there be any, prima facie discloses an offence punishable under the Penal Code. 11. The Bishesh Adalat has tota......th was due to injuries which were ante mortem in nature. Accused being the husband of the victim cannot avoid criminal liability for the unnatural death of his wife. His act, if there be any, prima facie discloses an offence punishable under the Penal Code. 11. The Bishesh Adalat has totally ov......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
.... She further contends that the orders of the Magistrate remanding the detenus in the judicial custody on the prayer of the police that they have complicity in those cases without satisfying as to the prima facie materials on the basis of the entries in the diary are contrary to section 167 of the Co......urther contends that the orders of the Magistrate remanding the detenus in the judicial custody on the prayer of the police that they have complicity in those cases without satisfying as to the prima facie materials on the basis of the entries in the diary are contrary to section 167 of the Code. La......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....clearly proved. Or where the peril or danger to the property appears to be great and imminent; CF Faiz Ahmed Vs. Baktear Ahmed, 36 DLR (AD) 97. Another aspect should also be remembered, the plaintiff prima facie should have an excellent chance of success in the suit. But where members of a Family ar......y proved. Or where the peril or danger to the property appears to be great and imminent; CF Faiz Ahmed Vs. Baktear Ahmed, 36 DLR (AD) 97. Another aspect should also be remembered, the plaintiff prima facie should have an excellent chance of success in the suit. But where members of a Family are in s......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....aking that he will ensure payment of the cheques which he will issue and the cheques in no way be dishonoured when presented to the bank for encashment but in fact, the cheques were dishonoured which prima facie discloses initial intention for deception. The contrary contention of the learned Advoca......that he will ensure payment of the cheques which he will issue and the cheques in no way be dishonoured when presented to the bank for encashment but in fact, the cheques were dishonoured which prima facie discloses initial intention for deception. The contrary contention of the learned Advocate for......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....dicial inquiry, report of inquiry officer and medical certificate, if produced. The learned Magistrate will hear the defence and can also apply the law to the criminal acts to find whether there is a prima facie case. He can discharge the accused only when he finds from the materials on record the a...... inquiry, report of inquiry officer and medical certificate, if produced. The learned Magistrate will hear the defence and can also apply the law to the criminal acts to find whether there is a prima facie case. He can discharge the accused only when he finds from the materials on record the allegat......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
.... his father succumbed and the case was then started on 10‑7-1998 against all the four accused under sections 302/34 of the Penal Code. Police during investigation examined witnesses and finding a prima facie case submitted charge‑sheet on 6‑10-1998 against accused named in the first inform......ather succumbed and the case was then started on 10‑7-1998 against all the four accused under sections 302/34 of the Penal Code. Police during investigation examined witnesses and finding a prima facie case submitted charge‑sheet on 6‑10-1998 against accused named in the first information ......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....nsidered at this stage in view or submissions of the charge-sheet Annexure H (2) to the supplementary affidavit filed on behalf of the opposite party No. 2 informant on 6‑1‑2004 which disclosed a prima facie offence against the accused petitioner and others under sections 406/420/ 467/468/471/10......ed at this stage in view or submissions of the charge-sheet Annexure H (2) to the supplementary affidavit filed on behalf of the opposite party No. 2 informant on 6‑1‑2004 which disclosed a prima facie offence against the accused petitioner and others under sections 406/420/ 467/468/471/109 of t......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..Category: Criminal Law | Date: | Hits: 45
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ...... cardinal principles of Criminal Jurisprudence in awarding conviction upon accused‑appellants for offence committed may be looked into. 4. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to the establishment of charge against accused lies upon prosec..Category: Criminal Law | Date: | Hits: 54
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