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Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....ort. 4. The police of Boalia PS on receiving the first information report aforesaid recorded the same and registered the PS Case No.26 dated 20-1-1995, started investigation and having found a prima facie case submitted the charge-sheet against the accused person under sections 4(Kha) and 9 o...... 4. The police of Boalia PS on receiving the first information report aforesaid recorded the same and registered the PS Case No.26 dated 20-1-1995, started investigation and having found a prima facie case submitted the charge-sheet against the accused person under sections 4(Kha) and 9 of the ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..Category: Criminal Law | Date: | Hits: 40
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....e must not lightly accept written complaints and proceed to issue processes until he is fully convinced about the genuineness of the allegations made against the accused and is to be satisfied that a prima facie case had been made out against those who were accused of criminal offences. Examination ...... not lightly accept written complaints and proceed to issue processes until he is fully convinced about the genuineness of the allegations made against the accused and is to be satisfied that a prima facie case had been made out against those who were accused of criminal offences. Examination of the...... has no value unless it is proved by cogent and reliable evidence. 21. The cardinal principles of criminal jurisprudence as regard burden of proof are well settled, namely, (i) that the onus lies affirmatively on the prosecution to prove its case beyond reasonable doubt and it cannot d..Category: Criminal Law | Date: | Hits: 41
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11....... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......nt with the innocence of the accused and must show that in all human probability the act must have been done by the accused". 30. It has also been held in that decision (AIR 1984 SC 1622) that the onus is on the prosecution to prove that the chain is complete. It is well settled that the prosecut..Category: Criminal Law | Date: | Hits: 42
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....e petitioners. It is not necessary for us to make any comment upon any controversy as to the respective liability of the parties. We take it that the allegations made in the petition of complaint are prima facie, true but even so, for the reasons already stated, we do not think that the facts allege......tioners. It is not necessary for us to make any comment upon any controversy as to the respective liability of the parties. We take it that the allegations made in the petition of complaint are prima facie, true but even so, for the reasons already stated, we do not think that the facts alleged cons......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...Category: Criminal Law | Date: | Hits: 67
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....long with his wife defendant No.1. The learned Advocate submits that till the matter is finalised in the suit the defendant may be restrained as prayed for and the learned Subordinate Judge holding a prima facie case in favour of the plaintiffs rightly passed the order of injunction. 5. Admittedl......ith his wife defendant No.1. The learned Advocate submits that till the matter is finalised in the suit the defendant may be restrained as prayed for and the learned Subordinate Judge holding a prima facie case in favour of the plaintiffs rightly passed the order of injunction. 5. Admittedly afte......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..Category: Banking Law | Date: | Hits: 122
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....ing the above statements in the Parliament Mr. Nasim should taken more care and caution as his state related to the judicial functions of the Constitutional Judges of the Supreme Court. 34. Though prima facie the alleged statements appear to be objectionable and contemptuous, yet we hold that the......e above statements in the Parliament Mr. Nasim should taken more care and caution as his state related to the judicial functions of the Constitutional Judges of the Supreme Court. 34. Though prima facie the alleged statements appear to be objectionable and contemptuous, yet we hold that the immun......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....r. Amirul Islam and Ms. Tania Amir during the course of argument emphasised that in the matter of appointment of judges and/or confirmation of the judges the opinion of the Chief Justice must have primacy but they did not elaborate theirs submissions with reference to any decision of the superio...... the judiciary as it is a public institution. Therefore, will a citizen be denied the right to say that a judge has taken bribe if, in fact, he has done so? No doubt, this sort of statement, prima facie, imputes corruption to a judge but if after making such statement he can prove that the judge......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..Category: Criminal Law | Date: | Hits: 130
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....est of the vessel by judgment and order dated 7th May 1995. The question whether the plaintiff has cause of action against the vessel ‘MV Sargodha’ is dependent on the Bill of Lading which is the prima facie evidence of contract to carry the goods. The suit is maintainable under section 6 of the...... the vessel by judgment and order dated 7th May 1995. The question whether the plaintiff has cause of action against the vessel ‘MV Sargodha’ is dependent on the Bill of Lading which is the prima facie evidence of contract to carry the goods. The suit is maintainable under section 6 of the Admir......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......ne of Taka 1,14,28,688.75 for the period from August May 1997 vide Annexures-C, C-1 and H fixing the price of the petitioner’s product at the enhanced rate other than the rate declared by it are ex facie illegal and without jurisdiction. As to the submission made by the learned Deputy Attorney-Gen......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....d is the Government acquired khas land; that the defendants legally and validly started miscellaneous case with a mind to evict the plaintiffs from the suit land and that the plaintiffs have got no prima-facie arguable case. 4. Mr. A.K. Badrul Huq, learned Counsel, appearing for the petitioners......he Government acquired khas land; that the defendants legally and validly started miscellaneous case with a mind to evict the plaintiffs from the suit land and that the plaintiffs have got no prima-facie arguable case. 4. Mr. A.K. Badrul Huq, learned Counsel, appearing for the petitioners submi......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598...Category: Property Law | Date: | Hits: 31
.... provides a period of one year for filing a suit as against a carrier for realisation of compensation for short delivery of goods. It is thus manifestly evident that the new claim of the plaintiff is prima facie barred by limitation. If the proposed amendment is allowed the amendment will go back to......des a period of one year for filing a suit as against a carrier for realisation of compensation for short delivery of goods. It is thus manifestly evident that the new claim of the plaintiff is prima facie barred by limitation. If the proposed amendment is allowed the amendment will go back to the t...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....was submitted under sections 302/34 of the Penal Code against appellant Md. Shahjahan, Abu Taher and Abdul Matin. The Investigating Officer SI Md. Mustafa Hossain commented in the charge-sheet that a prima facie Case was made out, that accused Shahjahan, Abu Taher and Abdul Matin jointly and collect......bmitted under sections 302/34 of the Penal Code against appellant Md. Shahjahan, Abu Taher and Abdul Matin. The Investigating Officer SI Md. Mustafa Hossain commented in the charge-sheet that a prima facie Case was made out, that accused Shahjahan, Abu Taher and Abdul Matin jointly and collectively ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..Category: Criminal Law | Date: | Hits: 38
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....n the absence of the defendants the learned Assistant Judge allowed the prayer for injunction and an order of ad interim injunction passed on 27-11-1997 was made absolute with a finding that there is prima facie and arguable case in favour of the plaintiff. 5. Against the order dated 15-2-1998 pa......absence of the defendants the learned Assistant Judge allowed the prayer for injunction and an order of ad interim injunction passed on 27-11-1997 was made absolute with a finding that there is prima facie and arguable case in favour of the plaintiff. 5. Against the order dated 15-2-1998 passed b...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518....... admitted fact that the agreement was all along in the possession of the plaintiff, the High Court Division committed error of law in not holding that the appellate court below wrongly placed the onus upon the defendant for configuration of the thumb impression in the agreement resulting in the ..Category: Property Law | Date: | Hits: 23
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......predecessor Abdur Rahman was present in Bangladesh or his whereabouts were not known on 28.02.1972 the High Court Division committed an error of law in setting aside the judgment holding that the onus is upon the Government to show that the property came within the purview of definition of aband..Category: Property Law | Date: | Hits: 24
Anti-Corruption Commission Vs. Nargis Begum & others, 2009, 38 CLC (AD)
....he learned Advocate also submitted that the High Court Division lost sight of the fact that the petitioner has already complied with the order by declaring the assets which on investigation has shown prima facie ingredients of the offence for indictment of the petitioner. 9. It appears from the......rned Advocate also submitted that the High Court Division lost sight of the fact that the petitioner has already complied with the order by declaring the assets which on investigation has shown prima facie ingredients of the offence for indictment of the petitioner. 9. It appears from the recor......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ..Category: Anti-Corruption Laws | Date: | Hits: 168
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....ropriate action against the accused persons but no action was taken by the Council to cover up their own illegal act. 3. The writ petitioner filed the writ petition on the ground that there was no prima facie Case disclosed in the F.I.R. and without proper investigation and violating the provisio......te action against the accused persons but no action was taken by the Council to cover up their own illegal act. 3. The writ petitioner filed the writ petition on the ground that there was no prima facie Case disclosed in the F.I.R. and without proper investigation and violating the provisions of ......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 159
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....land and in fact the plaintiff purchased only 533.33 square yards of land from the earlier lessee. 21. It further appears that the Courts below rightly held that the plaintiff could not make out a prima facie case of title and possession to get the order of injunction and rightly rejected the sam......nd in fact the plaintiff purchased only 533.33 square yards of land from the earlier lessee. 21. It further appears that the Courts below rightly held that the plaintiff could not make out a prima facie case of title and possession to get the order of injunction and rightly rejected the same. ......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...Category: Property Law | Date: | Hits: 44
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....his unqualified apology. It is apparent that Mr. Zakir Hossain tried to mislead the learned Subordinate Judge in the matter which is not expected from a lawyer like him. The activities of Mr. Hossain prima facie tantamounts to a misconduct on the part of a practicing advocate and we had the intentio......qualified apology. It is apparent that Mr. Zakir Hossain tried to mislead the learned Subordinate Judge in the matter which is not expected from a lawyer like him. The activities of Mr. Hossain prima facie tantamounts to a misconduct on the part of a practicing advocate and we had the intention to s...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....nt made I by the Prime Minister to BBC and meticulously considered and analyzed the same as a whole. It is submitted that such a statement is really painful, unfortunate, unhappy, and unpalatable and prima facie appears to be highly objectionable and contemptuous because it had threatened and shaken......e I by the Prime Minister to BBC and meticulously considered and analyzed the same as a whole. It is submitted that such a statement is really painful, unfortunate, unhappy, and unpalatable and prima facie appears to be highly objectionable and contemptuous because it had threatened and shaken the v...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
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