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Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....officer of the case. He stated that he investigated the cases, examined the witnesses under section 161 of the Code of Criminal Procedure, seized alamats by preparing seizure lists and having found prima facie cases against the appellants submitted charge sheets against them. In cross-examination,......r of the case. He stated that he investigated the cases, examined the witnesses under section 161 of the Code of Criminal Procedure, seized alamats by preparing seizure lists and having found prima facie cases against the appellants submitted charge sheets against them. In cross-examination, he st...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
....he parties and the materials produced, the Court of appeal below was of the view that said petitioner had got no scope of achieving any relief in the suit. 7. It found that the plaintiff had got a prima facie and arguable case and the defendant had no chance of loss if the prayer for temporary in......ties and the materials produced, the Court of appeal below was of the view that said petitioner had got no scope of achieving any relief in the suit. 7. It found that the plaintiff had got a prima facie and arguable case and the defendant had no chance of loss if the prayer for temporary injuncti......ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ..Category: Civil Law | Date: | Hits: 93
.... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ......rovisions for disciplinary proceeding for punishment in Part-III in Regulations 44-46 and termination simpliciter under Regulation 13(ii) of the Regulations and the impugned order dated 30.10.2003 ex-facie showing 'dismissal' and having been passed by a Joint Manager who was not competent to pass th...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
Taju and others Vs. State, 2007, 36 CLC (HCD)
....ce of occurrence, prepared sketch map with index, recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and submitted Final Report dated 6-3-2001 stating that no prima facie case could be found against the accused-appellants and others as alleged in the first in......occurrence, prepared sketch map with index, recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and submitted Final Report dated 6-3-2001 stating that no prima facie case could be found against the accused-appellants and others as alleged in the first informat...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ..Category: Criminal Law | Date: | Hits: 42
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....am (PW 9} who on getting the responsibility visited the place of occurrence, prepared sketch map with index examined the witnesses under section 161 of the Code of Criminal Procedure and having found prima facie case submitted charge sheet against the accused appellant and his wife Bulbuli under sec...... 9} who on getting the responsibility visited the place of occurrence, prepared sketch map with index examined the witnesses under section 161 of the Code of Criminal Procedure and having found prima facie case submitted charge sheet against the accused appellant and his wife Bulbuli under section 1......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492...Category: Criminal Law | Date: | Hits: 42
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....95 and thereafter the High Court Division heard the application for injunction but ultimately, discharged the Rule on 14-12-95 with observation that even if the plaintiffs-appellants would make out a prima facie case in their favour but the balance of convenience and inconvenience was in favour of t...... thereafter the High Court Division heard the application for injunction but ultimately, discharged the Rule on 14-12-95 with observation that even if the plaintiffs-appellants would make out a prima facie case in their favour but the balance of convenience and inconvenience was in favour of the def......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
.... which naraji petition was submitted and it appears that learned Magistrate by order dated 14-5-2002 sent the same for a judicial inquiry. By order dated 1-12-2002 the Magistrate opined existing of a prima facie case. Learned Chief Metropolitan Magistrate thereafter, took cognisance of the case unde...... naraji petition was submitted and it appears that learned Magistrate by order dated 14-5-2002 sent the same for a judicial inquiry. By order dated 1-12-2002 the Magistrate opined existing of a prima facie case. Learned Chief Metropolitan Magistrate thereafter, took cognisance of the case under sect......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ..Category: Criminal Law | Date: | Hits: 27
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....o visited the place of occurrence, seized alamat, examined the witnesses and recorded their statement under section 161 of the Code of Criminal Procedure and finding the guilt of the accused persons, prima facie, submitted two charge sheets, one being No. 690 dated 16-101999 under sections 147/148......ted the place of occurrence, seized alamat, examined the witnesses and recorded their statement under section 161 of the Code of Criminal Procedure and finding the guilt of the accused persons, prima facie, submitted two charge sheets, one being No. 690 dated 16-101999 under sections 147/148/149/4......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433...Category: Criminal Law | Date: | Hits: 30
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... 7. Mr. Rokanuddin Mahmud, the learned Advocate for the petitioner assisted by Mr. Md. Rafiqul Islam Mia, the petitioner himself (in person) submits that the FIR and charge sheet do not disclose any prima facie case against the petitioner to involve him in any offence and, as such, the order of san......r. Rokanuddin Mahmud, the learned Advocate for the petitioner assisted by Mr. Md. Rafiqul Islam Mia, the petitioner himself (in person) submits that the FIR and charge sheet do not disclose any prima facie case against the petitioner to involve him in any offence and, as such, the order of sanction ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..Category: Anti-Corruption Laws | Date: | Hits: 140
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......led valid unless ewaj is paid." 11. The learned Counsel further refers the case of Amirun Nessa and others vs. Golam Kashem and others reported in 42 DLR 499 wherein it is held: "Where initial onus is discharged by the plaintiffs by giving a slight evidence the burden shifts to the defendant ..Category: Property Law | Date: | Hits: 26
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....ferred Title Appeal No. 25 of 2002 that was allowed along with a compensation award of Taka 20,000. 5. The defendant No. 1-petitioner is now aggrieved by the impugned appellate Judgment and decree primarily by reason that the said judgment and decree of reversal do not benefit from well-reasoned ......ad faith such as fraud, collusion, misrepresentation, impersonation, undue influence, absence of consideration rests on the person who asserts the same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was not so." 10. It is further ......s established in long-standing judicial authority. It is in that context this Court has taken note of the reference in the trial Court's judgment to the observation on the standard of discharging the onus of proof in such circumstances as found in the case of Kiron Chandra Das vs. Sirajul Hoque Patw..Category: Property Law | Date: | Hits: 32
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
....women along with 6(six) men including three children were brought by the convicted-appellants to Hilli border for exporting them to India. At that time they were detained by the informant. On finding prima facie case against FIR-named accuseds made out he submitted charge sheet against them under se......along with 6(six) men including three children were brought by the convicted-appellants to Hilli border for exporting them to India. At that time they were detained by the informant. On finding prima facie case against FIR-named accuseds made out he submitted charge sheet against them under sections......the child but also prove the age of the child allegedly recovered from the custody of the convicted-appellant or found with the convicted-appellants but the prosecution having failed to discharge the onus the judgment and order of conviction passed under section 12 of the Ain is not sustainable. We ..Category: Criminal Law | Date: | Hits: 84
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
....ocedure and arrested the accused and produced him before the competent Court, thereafter submitted charge sheet against the accused under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 as prima facie case was riiade out against the accused Monwar Mallik. 6. The case ultimately came to......e and arrested the accused and produced him before the competent Court, thereafter submitted charge sheet against the accused under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 as prima facie case was riiade out against the accused Monwar Mallik. 6. The case ultimately came to the C......isaged in section 101 of the Evidence Act that the burden of proof lies on the party who substantially asserts the affirmative of the issue and not upon the party who denies it. The party on whom the onus of proof lies must, in order to succeed, establish a prima facie case. He cannot, on failure to..Category: Criminal Law | Date: | Hits: 38
Mainuddin Vs. State, 2010, 39 CLC (AD)
....l as the impugned judgment. We noticed that the learned Magistrate has enquired into the naraji petition in accordance with section 202 of the Code of Criminal Procedure and thereafter having found a prima-facie case against the petitioner and other accused persons took cognizance of offences punish......he impugned judgment. We noticed that the learned Magistrate has enquired into the naraji petition in accordance with section 202 of the Code of Criminal Procedure and thereafter having found a prima-facie case against the petitioner and other accused persons took cognizance of offences punishable u......in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259..Category: Criminal Law | Date: | Hits: 24
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....he case and prepared sketch-map with index, recorded statements of witness under section 161 and arranged to record the 164 statement of accused Modarsun Bibi and statement of victim Atiar Rahman and prima facie case being proved he submitted charge-sheet. He was thoroughly cross-examined by the d......e and prepared sketch-map with index, recorded statements of witness under section 161 and arranged to record the 164 statement of accused Modarsun Bibi and statement of victim Atiar Rahman and prima facie case being proved he submitted charge-sheet. He was thoroughly cross-examined by the defence......e and surmise and presumption or suspicion. It is a settled principle of law that suspicion, by itself, however strong it may be, is not sufficient to take the place of proof. In a criminal trial the onus of proof is upto the prosecution. 54. It is incumbent duty of the Judge to consider all prob..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......isdiction. This precisely has happened in the present case and therefore, this appeal must succeed." 25. It appears that admittedly the property has been listed as an abandoned property. Thus, the onus lies upon the appellant to rebut the presumption provided in subsection (2) of Section 5 that t..Category: Property Law | Date: | Hits: 30
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....ce of the Court. It will be an extreme proposition to ask the Court to pursue an allegation made by any person whatsoever and keep the suit postponed even when no materials are furnished to establish prima facie the justification for a detailed enquiry by the Court though we are not unmindful that i......the Court. It will be an extreme proposition to ask the Court to pursue an allegation made by any person whatsoever and keep the suit postponed even when no materials are furnished to establish prima facie the justification for a detailed enquiry by the Court though we are not unmindful that in view......ndra Chandra Rishi and others Vs. Sufia Begum and others reported in 42 DLR (AD) 285. And again submits that when the defendant-petitioner made allegations that the notice was not served in that case onus shifts upon the plaintiff to prove that the notice was served and to support his contention he ..Category: Property Law | Date: | Hits: 44
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......an order of remand by a Magistrate There is no material or evidence to indicate the distance from Godagari to Chuadanga, the route of the journey or the time taken for the purpose of the journey. The onus is on the investigating officer to explain the delay in producing the accused before the Magist..Category: Criminal Law | Date: | Hits: 83
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....ing the defendant to pull down what he had built. 17. In the case of Israil Vs. Shamsur Rahman 41 ILR Calcutta 436, Mookerjee J held as follows at page 444: “In the case before us, therefore, prima facie, the defendants should not be allowed to proceed to complete the building which they hav......e defendant to pull down what he had built. 17. In the case of Israil Vs. Shamsur Rahman 41 ILR Calcutta 436, Mookerjee J held as follows at page 444: “In the case before us, therefore, prima facie, the defendants should not be allowed to proceed to complete the building which they have erec......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......y in question is an abandoned property due to the inability of the petitioner to prove otherwise, calls for no interference by this Court. The learned Deputy Attorney-General further submits that the onus is upon the petitioner to prove that the original allottee-owner was in Bangladesh at the relev..Category: Property Law | Date: | Hits: 40
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