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Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....t from the statement of different witnesses including the DNA finding which have been supplied by the British authorities in bundles as have been annexed to the counter affidavit as annexure-G series prima facie show that the petitioner has committed the offence for which he may be sentenced to deat...... the statement of different witnesses including the DNA finding which have been supplied by the British authorities in bundles as have been annexed to the counter affidavit as annexure-G series prima facie show that the petitioner has committed the offence for which he may be sentenced to death or i......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..Category: Criminal Law | Date: | Hits: 87
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... consequence of non-compliance of the provision of that time limit is not provided by the legislature and it has been further held in the said decision that when a statute uses the word ‘shall’ prima fade it is mandatory but the Court may ascertain the real intention of the legislature by ca......ase of Md. Forkan Ali Vs. Bangladesh reported in 20 BLD 415 as referred to by learned Deputy Attorney-General contains following observations- “When a statute uses the word ‘shall’ prima facie it is mandatory but the Court may ascertain the real intention of the legislature by carefully......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....nst the accused petitioner and others. Therefore, we find substance in the submission of the learned. Deputy Attorney General that there is no scope now to believe, that the accused-petitioner is not prima facie guilty of the offences charged against him. 8. Mr Khondker Mahbub Uddin Ahmed, th......e accused petitioner and others. Therefore, we find substance in the submission of the learned. Deputy Attorney General that there is no scope now to believe, that the accused-petitioner is not prima facie guilty of the offences charged against him. 8. Mr Khondker Mahbub Uddin Ahmed, the lear......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....ase this Court cannot allow such frivolous, vexatious and malafide suit to continue further. 32. On the question of fraud, as read by the learned Subordinate Judge I must say we failed to find prima facie, any ingredients of fraud from heading of the plaint. Mere allegation is not sufficient.......is Court cannot allow such frivolous, vexatious and malafide suit to continue further. 32. On the question of fraud, as read by the learned Subordinate Judge I must say we failed to find prima facie, any ingredients of fraud from heading of the plaint. Mere allegation is not sufficient. To ma...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..Category: Property Law | Date: | Hits: 61
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....amined the witnesses and recorded their statements under Section 161 of Code of Criminal Procedure and finally submitted charge sheet against the accused under Section 11(ka)/30 of the Ain, 2000 as a prima facie case was made out against the accused. The case ultimately came to the court of Druta Bi...... the witnesses and recorded their statements under Section 161 of Code of Criminal Procedure and finally submitted charge sheet against the accused under Section 11(ka)/30 of the Ain, 2000 as a prima facie case was made out against the accused. The case ultimately came to the court of Druta Bichar T......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..Category: Criminal Law | Date: | Hits: 43
....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......n the government and the writ-petitioner not having availed of any remedy before the court of settlement, the writ petition was not maintainable and that the writ petitioner failed to discharge the onus of proof that the property was not an abandoned property and that the disputed question of ..
Category: Property Law | Date: | Hits: 21
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......h aspect of the law and that the Artha Rin Adalat passed the order for civil imprisonment ex parte without providing any opportunity of hearing to the judgment-debtor-the writ petitioner, which is ex-facie a violation of the principle of natural justice and thus the High Court Division acted illegal......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
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Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....ters do not bring their action within the mischief of Article 70 of the Constitution. Thus, there is no question of vacating their seats in Parliament by the said two members. In the absence of any prima facie evidence on their resignation or casting vote against the party decision, the question o......o not bring their action within the mischief of Article 70 of the Constitution. Thus, there is no question of vacating their seats in Parliament by the said two members. In the absence of any prima facie evidence on their resignation or casting vote against the party decision, the question of refe......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
.... proceed to investigate the dispute before giving its opinion. The Constitution does not require the Speaker to give a strict interpretation to the word "resign". He is only to see whether there is a prima facie dispute that a seat should be vacated by a member of Parliament within the meaning of Ar......ed to investigate the dispute before giving its opinion. The Constitution does not require the Speaker to give a strict interpretation to the word "resign". He is only to see whether there is a prima facie dispute that a seat should be vacated by a member of Parliament within the meaning of Article ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
....d by Section 29 of the Forest Act, 1927 gazetted on 30.11.1961 and that the alleged sale deed of the petitioner is a forged and antidated document and the purchase of the suit land in 1968 is illegal prima-facie in view of notification dated 18.11.1961 gazetted on 30.11.1961. 4. The High Cour......ection 29 of the Forest Act, 1927 gazetted on 30.11.1961 and that the alleged sale deed of the petitioner is a forged and antidated document and the purchase of the suit land in 1968 is illegal prima-facie in view of notification dated 18.11.1961 gazetted on 30.11.1961. 4. The High Court Divi...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..Category: Property Law | Date: | Hits: 21
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......ir case." In the case of Munshi Dudhu Mia, it was observed that "Article 142 of the Limitation Act applies when a plaintiff set up a case of possession followed by dispossession. In such a case the onus is on the plaintiff to prove that he was in possession within 12 years from the date of the ins..Category: Property Law | Date: | Hits: 20
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....rocedure and procured the autopsy reports of both the victims. He also got the confessional statement of the accused Sohel recorded under Section 164 of the Code of Criminal Procedure. Having found a prima facie case, the Investigating Officer Sub-inspector Shawkat Alam submitted the charge sheet ......re and procured the autopsy reports of both the victims. He also got the confessional statement of the accused Sohel recorded under Section 164 of the Code of Criminal Procedure. Having found a prima facie case, the Investigating Officer Sub-inspector Shawkat Alam submitted the charge sheet No. 55....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
....tioner filed an application under Section 241A of the Code of Criminal Procedure and that petition was rejected by the learned Judge and charge was framed as the Judge was satisfied that there is a prima facie case made out by the evidence on record. A co-accused early moved the High Court Divisio...... filed an application under Section 241A of the Code of Criminal Procedure and that petition was rejected by the learned Judge and charge was framed as the Judge was satisfied that there is a prima facie case made out by the evidence on record. A co-accused early moved the High Court Division for ...... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ..Category: Others | Date: | Hits: 82
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
.... allotment fixing the consideration amount at Tk.22,54,600/- and thereby the defendants suffered a loss of Tk.58,400/- and the prayer for injunction is liable to be rejected as the plaintiff has no prima-facie case and the balance of convenience, is also not in favour of the plaintiff. 7. O......ment fixing the consideration amount at Tk.22,54,600/- and thereby the defendants suffered a loss of Tk.58,400/- and the prayer for injunction is liable to be rejected as the plaintiff has no prima-facie case and the balance of convenience, is also not in favour of the plaintiff. 7. On 11.1......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....t during the pendency of Title Suit No.52 of 1957 and also in view of the Civil Revision No. 1225 of 1960 and Civil Revision No. 1142 of 1969 the status of the plaintiff respondent Nos.1-6 there is a prima facie case that the plaintiff respondent Nos.1-6 are the tenants under the defendant-appella......ng the pendency of Title Suit No.52 of 1957 and also in view of the Civil Revision No. 1225 of 1960 and Civil Revision No. 1142 of 1969 the status of the plaintiff respondent Nos.1-6 there is a prima facie case that the plaintiff respondent Nos.1-6 are the tenants under the defendant-appellant or ......e kabala of defendant No.1 certain explanations have been given for inclusion of certain lands. It appears that on fraud has been practiced upon the Court by the defendants in the earlier suit. The onus of proving their title and possession rest with the plaintiffs which they filed to discharge ..Category: Tenancy Law | Date: | Hits: 185
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......e by any cogent evidence that the questioned documents in favour of defendants were obtained by false personation and by practicing fraud and accordingly the court of appeal below wrongly shifted the onus on the defendants and it is the cardinal principle of law that the plaintiff must prove his cas..Category: Property Law | Date: | Hits: 34
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....continuation of the proceedings of the said criminal case against him is not barred under section 23 of the Foreign Exchange Regulation Act 1947. He further submits that the F.I.R. having disclosed a prima facie case under section 23 of the Foreign Exchange Regulation Act, 1947 and a charge having b......uation of the proceedings of the said criminal case against him is not barred under section 23 of the Foreign Exchange Regulation Act 1947. He further submits that the F.I.R. having disclosed a prima facie case under section 23 of the Foreign Exchange Regulation Act, 1947 and a charge having been fr......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....ated 25.03.2008 according permission to carry on construction work in three plots including CS. Plot No.65. From CS Khatian No.6947, it is found that plot No. 65 is a debater property. Therefore, prima facie is found that without giving hearing to the Sebayet RAJUK should not have issued Annexur......5.03.2008 according permission to carry on construction work in three plots including CS. Plot No.65. From CS Khatian No.6947, it is found that plot No. 65 is a debater property. Therefore, prima facie is found that without giving hearing to the Sebayet RAJUK should not have issued Annexure-H, t......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...Category: Tenancy Law | Date: | Hits: 214
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....resent form? 2. Do the plaintiffs have cause of action to file the suit? 3. Do the plaintiffs have exclusive possession over the suit land? 4. Do the plaintiffs have prima facie right, title and interest on the suit land? 5. Are the plaintiffs entitled to ...... form? 2. Do the plaintiffs have cause of action to file the suit? 3. Do the plaintiffs have exclusive possession over the suit land? 4. Do the plaintiffs have prima facie right, title and interest on the suit land? 5. Are the plaintiffs entitled to get de......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ..Category: Property Law | Date: | Hits: 158
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ing discharged the Rule observing that:- "We do not find presence of any of such ground to eliminate a criminal proceeding without allowing holding a fair trail. Rather we find existence of a prima facie case of the opposite party No. 2 complainant to proceed against the accused-petitioners ......scharged the Rule observing that:- "We do not find presence of any of such ground to eliminate a criminal proceeding without allowing holding a fair trail. Rather we find existence of a prima facie case of the opposite party No. 2 complainant to proceed against the accused-petitioners under ......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..Category: Criminal Law | Date: | Hits: 163
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