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Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....ot arise naturally from the alleged breaches of the petitioners. As such it was stated that the Arbitral Award had been passed in contravention of section 73 of the Contract Act. The award was prima facie opposed to the law of Bangladesh and as such liable to be set aside. It was also argued......se naturally from the alleged breaches of the petitioners. As such it was stated that the Arbitral Award had been passed in contravention of section 73 of the Contract Act. The award was prima facie opposed to the law of Bangladesh and as such liable to be set aside. It was also argued that ......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..Category: Alternative Dispute Resolution | Date: | Hits: 344
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....Customs and Anti-Corruption, to investigate any offences punishable under section 156 of the Customs Act. As one of the major revenue earning departments of the Government, the Customs Department has primarily been authorised by an Act of the legislature, namely, Customs Act, 1969 to deal with the i......the Customs Authorities eager to exercise their powers and the police authorities anxious to carry out the orders of the Court". 31. It was considered that the Magistrate on being satisfied prima facie that section 110 of the Customs Act would be attracted to the case, might very well direct the......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......llment was due within three months thereafter i.e. within 25.10.2005. 4. But the execution case has been filed on 24.01.2007 i.e. after about 474 days. Therefore the execution as filed is ex facie time barred The Decree holder resisted the application contending, amongst others, that ......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..Category: Civil Law | Date: | Hits: 99
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....003 and 04.01.2004 sent the case record to the learned Chief Metropolitan Magistrate, Dhaka on 15.01.2004 stating that the allegations under sections 220/166/167/500 and 501 of the Penal Code were prima facie proved against the accused persons, namely the writ respondent Nos.5 and 6.The Chief M......d 04.01.2004 sent the case record to the learned Chief Metropolitan Magistrate, Dhaka on 15.01.2004 stating that the allegations under sections 220/166/167/500 and 501 of the Penal Code were prima facie proved against the accused persons, namely the writ respondent Nos.5 and 6.The Chief Metropo......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......and 31 of the State Acquisition Rules, 1955 have failed. The plain reading of the application dated 14.07.2002, quoted above, allegedly filed under Rule 42A of the State Acquisition Rules, 1955, ex facie appears to be a vague application inasmuch as the said application do not contain any specif......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..Category: Property Law | Date: | Hits: 67
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....f the Negotiable Instrument Act. The High Court Division further found that the law is now settled on the point that a criminal proceeding should not be stifled before trial, when there was a prima facie case for going to the trial. In such view of the matter the High Court Division dischar......Negotiable Instrument Act. The High Court Division further found that the law is now settled on the point that a criminal proceeding should not be stifled before trial, when there was a prima facie case for going to the trial. In such view of the matter the High Court Division discharged th......find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ..Category: Criminal Law | Date: | Hits: 51
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......4.2.1996 with an ulterior motive only to defeat the pre-emption and the pre-emptors were not aware of the said transfer and they were not given any notice or offer to purchase the case land and the onus heavily lies upon the respondents to prove that the pre-emptors declined to ..Category: Property Law | Date: | Hits: 23
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ion found that both the plaintiffs and the defendants claimed title on the basis of purchases from the successive heirs of Rahman Munshi and Meghu Munshi and the plaintiffs, in order to prove their prima facie title, has produced Ext. 4, kabala dated 3.4.1968 showing purchase of .29 acres of lan......nd that both the plaintiffs and the defendants claimed title on the basis of purchases from the successive heirs of Rahman Munshi and Meghu Munshi and the plaintiffs, in order to prove their prima facie title, has produced Ext. 4, kabala dated 3.4.1968 showing purchase of .29 acres of land from ......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ..Category: Property Law | Date: | Hits: 26
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....hat there are reasonable grounds to believe that the accused and other persons whose acts, statements or writings are intended to be given in evidence were members of the criminal conspiracy and if prima facie evidence of the existence of a criminal conspiracy is given and accepted the evidence ......ere are reasonable grounds to believe that the accused and other persons whose acts, statements or writings are intended to be given in evidence were members of the criminal conspiracy and if prima facie evidence of the existence of a criminal conspiracy is given and accepted the evidence of sta......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....reinvestigation the case and, upon permission being accorded on 06.04.2002, reinvestigation was endorsed to S.I. Ahamedur Rahman (P.W.11). Thereafter, he conducted the reinvestigation and finding prima-facie evidence against 15 named accused persons, submitted charge sheet dated 09.03.2003 und......stigation the case and, upon permission being accorded on 06.04.2002, reinvestigation was endorsed to S.I. Ahamedur Rahman (P.W.11). Thereafter, he conducted the reinvestigation and finding prima-facie evidence against 15 named accused persons, submitted charge sheet dated 09.03.2003 under sec......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....uit land and prayed dismissal of the suit. 4. The learned Assistant Judge decreed the suit on contest by the judgment and decree dated 29.4.2002 on the finding that the plaintiff proved his prima facie title and exclusive possession in the suit land. Against the aforesaid judgment and de......nd and prayed dismissal of the suit. 4. The learned Assistant Judge decreed the suit on contest by the judgment and decree dated 29.4.2002 on the finding that the plaintiff proved his prima facie title and exclusive possession in the suit land. Against the aforesaid judgment and decree t......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ..Category: Property Law | Date: | Hits: 29
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
..../506/34 of the Penal Code against all the F. I. R. named accused persons. 4. Mr. Abdul Baset Majumder, learned Counsel, appearing for the petitioner submitted that a prima-facie case exists against the accused petitioner; that in a stage of commotion with family af......4 of the Penal Code against all the F. I. R. named accused persons. 4. Mr. Abdul Baset Majumder, learned Counsel, appearing for the petitioner submitted that a prima-facie case exists against the accused petitioner; that in a stage of commotion with family affairs ......dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ..Category: Criminal Law | Date: | Hits: 57
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......ver possession to the said land and thereafter her successor-in-interest, the defendants, have been possessing the said land. In view of such categorical assertions and evidence as adduced by them onus squarely lies upon the plaintiffs to prove that the R.S. and S.A. record of rights were prepar..Category: Property Law | Date: | Hits: 24
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....3. The petitioner as defendant No.1 filed written objections against the petition for temporary injunction denying the allegation, contending, inter alia, that the plaintiff has got no prima facie and good arguable case as such he is not entitled to get any order of injunction. The ...... petitioner as defendant No.1 filed written objections against the petition for temporary injunction denying the allegation, contending, inter alia, that the plaintiff has got no prima facie and good arguable case as such he is not entitled to get any order of injunction. The suit p......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ..Category: Property Law | Date: | Hits: 22
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
.... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 561. ......therein, is in possession of the suit land from 1943 till date and the findings of the Courts below that the plaintiffs have no title in the suit land as he has no documentary evidence, is ex facie erroneous as absence of any record of right is not the conclusive proof that the plaintiff ha......was how the fund was provided for purchasing the suit land and since the kabala dated 26.03.1943 stands in the name of the defendant No.1 and the khatian has also been prepared in his name, in onus was upon the plaintiff to prove his case which he totally failed. 6. We are of th..Category: Property Law | Date: | Hits: 22
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......ther anomalies in the signature of the parties and taking into consideration the evidence, both oral and documentary, the Court of Settlement held that the house in Buildings and in such cases, the onus in on the claimant of the property to prove that the property is not an abandoned property and..Category: Property Law | Date: | Hits: 26
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......ion found that the death of the victim urns due to asphyxia resulting from exerting pressure on the throat, neck, head and facial region, which was ante-mortem and homicidal in nature and it is ex-facie clear that the petitioner strangled the victim with the intention of causing her death and t......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..Category: Criminal Law | Date: | Hits: 50
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......sion was wrong in rejecting the application for review, that assessment of compensation (for business loss, staff salary and diminution of the value of the unacquired land) by the Arbitrator being ex-facie not tenable in land and the appeal having been allowed and the case remanded because both the ......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....ot discharging the petitioners got no legal basis and as such the impugned judgment and order is liable to be set aside for the ends of Justice. 5. It appears from the record that prima-facie allegation of offence under Section 7/30 of the said Ain was mentioned in F.I.R. and du......charging the petitioners got no legal basis and as such the impugned judgment and order is liable to be set aside for the ends of Justice. 5. It appears from the record that prima-facie allegation of offence under Section 7/30 of the said Ain was mentioned in F.I.R. and during i......nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ..Category: Criminal Law | Date: | Hits: 52
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......n for which he was licensed as the Nikah Registrar. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the impugned judgment and order is ex facie illegal and bad in law as well as in facts; that the respondent No.1 is not a permanent resid......o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ..Category: Civil Law | Date: | Hits: 99
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