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Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....ed the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and finally, submitted a charge-sheet against the accused-appellants along with four others, since prima facie case was made out against them under sections 148/323/325/302/34 of the Penal Code. 4...... witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and finally, submitted a charge-sheet against the accused-appellants along with four others, since prima facie case was made out against them under sections 148/323/325/302/34 of the Penal Code. 4. The ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....d recorded their statements under section 161 of the Code of Criminal Procedure, and finally, submitted a charge-sheet against the accused-appellant and two others (parents of the appellant), since prima facie case was made out against them under sections 302/201 of the Penal Code. 4. The case ......rded their statements under section 161 of the Code of Criminal Procedure, and finally, submitted a charge-sheet against the accused-appellant and two others (parents of the appellant), since prima facie case was made out against them under sections 302/201 of the Penal Code. 4. The case record...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65...Category: Criminal Law | Date: | Hits: 88
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... 5. In the First Information Report no specific act is attributed to accused-appellant. In charge- sheet only statement has been stated that offence under sections 10/12 of the Ain of 2000 had been prima facie established. 6. Provision for speedy trial had been made in the Ain of 2000 and speed......In the First Information Report no specific act is attributed to accused-appellant. In charge- sheet only statement has been stated that offence under sections 10/12 of the Ain of 2000 had been prima facie established. 6. Provision for speedy trial had been made in the Ain of 2000 and speedy tria...... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385...Category: Criminal Law | Date: | Hits: 34
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......াহাতে বিবাদীগন এজমালিতে ভোগ দখল করিতেছেন।” 10. Since I find the deed dated 25-8-77 is a will, to take advantage of it, the onus was upon the plaintiff to show that the schedule 'Ka' and 'Kha' of the property of the plaint i..Category: Property Law | Date: | Hits: 32
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325....... 5 association do not represent rice mills owners of the District. The Deputy Commissioner, however, as it appears, did not send the said report to the respondent No. 2 for consideration which is, ex facie, a malafide act and had the said report been placed before the respondent No. 2, the responden......rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325...Category: Civil Law | Date: | Hits: 162
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
....sons, namely, (1) Md. Julhash alias Mongal, (2) Md. Ramjan Ali, (3) Riazuddin alias Riza, (4) Mansur Ali, (5) Sekendar, (6) Mohammad Ali and (7) Moslem under sections 395/397 of the Penal Code, since prima facie case was made out against them. 4. The case record ultimately came to the file of the......namely, (1) Md. Julhash alias Mongal, (2) Md. Ramjan Ali, (3) Riazuddin alias Riza, (4) Mansur Ali, (5) Sekendar, (6) Mohammad Ali and (7) Moslem under sections 395/397 of the Penal Code, since prima facie case was made out against them. 4. The case record ultimately came to the file of the learn...... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ..Category: Criminal Law | Date: | Hits: 89
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......has the power to right what is wrong. He next submits that in a mortgage execution there is no scope for sale by private negotiation in view of Order XXI rule 65 and therefore, the order No. 65 is ex facie, illegal and without jurisdiction and subsequent order has only corrected wrong order and ther......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..Category: Civil Law | Date: | Hits: 76
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....igating officer obtains further evidence he shall forward further report to the Magistrate concerned on the basis of further evidence and if from further evidence, involvement of some more persons is prima facie proved, then there is no bar in adding those persons as accused in the case. 9. Almos......g officer obtains further evidence he shall forward further report to the Magistrate concerned on the basis of further evidence and if from further evidence, involvement of some more persons is prima facie proved, then there is no bar in adding those persons as accused in the case. 9. Almost simi......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184...Category: Procedural Law | Date: | Hits: 65
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......alable and it is liable to be set aside. The fact leading to this decision is that a decree was passed in favour of the plaintiff and the learned Judge found that the defendants did not discharge the onus which lay upon them of proving the contract. The defendant then" applied for review of the decr..Category: Procedural Law | Date: | Hits: 95
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....held that the suit has abated. 15. This view, it appears, has been taken by the court below erroneously, by taking a wrong view of the law because in the instant case there are papers to show that prima facie the act of declaring the property as an abandoned property was manifestly without juri......hat the suit has abated. 15. This view, it appears, has been taken by the court below erroneously, by taking a wrong view of the law because in the instant case there are papers to show that prima facie the act of declaring the property as an abandoned property was manifestly without jurisdicti...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ...... No. 89/72-73 under sections 116 and 117(1) (a) was given effect by amending khatian No.14 after excluding plot No.108 therefrom and revenue was collected on the basis of the new khatian No.18, Prima facie the order was a valid one, its validity could not be challenged for a collateral purpose, that......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
.... the said decision, in para 13 while opinion as to standard in fixation of value, their Lordships have held, as under: “The price as mentioned in the letter of credit and the commercial invoice prima facie shows that the price mentioned in those document is the market value between the seller ......aid decision, in para 13 while opinion as to standard in fixation of value, their Lordships have held, as under: “The price as mentioned in the letter of credit and the commercial invoice prima facie shows that the price mentioned in those document is the market value between the seller and th......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
.... offence under sections 420/467/468/471 of the Penal Code. 3. The police commenced investigation in Kotwali Police Station Case No. 29(3)2000 and upon finding the guilt of the accused persons, prima facie, submitted charge sheet against the accused persons under sections 420/467/468/471 of th......ce under sections 420/467/468/471 of the Penal Code. 3. The police commenced investigation in Kotwali Police Station Case No. 29(3)2000 and upon finding the guilt of the accused persons, prima facie, submitted charge sheet against the accused persons under sections 420/467/468/471 of the Pena......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....tem report of the deceased through Ramna Police Station. He further said that on the date of occurrence under Rupganj Police Station GD Entry No. 942 dated 26-8-2000 he seized percussion cap. Getting prima facie evidence against the accused persons he prepared memorandum of evidence for submission o......port of the deceased through Ramna Police Station. He further said that on the date of occurrence under Rupganj Police Station GD Entry No. 942 dated 26-8-2000 he seized percussion cap. Getting prima facie evidence against the accused persons he prepared memorandum of evidence for submission of char......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....ion of the same through the Court is totally false. He therefore, submits that the instant Rule is liable to be discharged. 13. The petitioner's claims to the concerned properties appear to be primarily based upon two agreements for sale allegedly executed by the owners of the properties and ......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......crees of the Civil Court is misconceived. It has been farther submitted by the learned Deputy Attorney-General that once the Government shows that any Abandoned Property is in possession of the the onus is upon the claimant to prove that the same is not an Abandoned Property and, in this case, the..Category: Property Law | Date: | Hits: 39
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ion has also obtained the present Rule. 6. Mr. AKM Asiful Haque, the learned Advocate appearing on behalf of the petitioners in both the writ petitions, at the very outset, submits that on a prima facie reading of the Artha Rin Adalat Ain, 2003 it appears that the preamble of the Ain, 2003 ......s also obtained the present Rule. 6. Mr. AKM Asiful Haque, the learned Advocate appearing on behalf of the petitioners in both the writ petitions, at the very outset, submits that on a prima facie reading of the Artha Rin Adalat Ain, 2003 it appears that the preamble of the Ain, 2003 contra......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......gal and we find no justification for the respondents customs authority in their failure to refund the detained stamps during the last three years. 22. When the detention of said stamps was ex facie bad in law and not bona fide, notices issued on behalf of the customs authority one after anot......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...Category: Business or Commercial Law | Date: | Hits: 178
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......land. Lastly, he has argued that the respondent No. 2 failed to prove the user of the mark in Bangladesh prior to the date of registration of the mark in question in the name of the appellant and the onus to prove such user is on the applicant for rectification and therefore, the Deputy Registrar of..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....y the light of the car the informant could recognise the accused petitioners with co-accuseds taking active part in hurling bombs. This case was investigated by Bhola Police Station and there being a prima facie case found against the accuseds, charge sheet was submitted on 21-5-2005 against the acc......light of the car the informant could recognise the accused petitioners with co-accuseds taking active part in hurling bombs. This case was investigated by Bhola Police Station and there being a prima facie case found against the accuseds, charge sheet was submitted on 21-5-2005 against the accused p......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..Category: Criminal Law | Date: | Hits: 29
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
.... such refusal. Reference in this connection is the case of Promode Kumar Roy vs. Sephalika Dutta, AIR 1957 Cal 631. The law has vested a judicial discretion to revoke a grant where the Court may have prima facie reasons to believe that it is necessary to have the will proved afresh in the presence o......refusal. Reference in this connection is the case of Promode Kumar Roy vs. Sephalika Dutta, AIR 1957 Cal 631. The law has vested a judicial discretion to revoke a grant where the Court may have prima facie reasons to believe that it is necessary to have the will proved afresh in the presence of the ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
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