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Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....................Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any case which is false, collusive and concocted and brought...............Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any case which is false, collusive and concocted and brought out of......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....isfied that —
(i) the subject matter of the dispute is not capable of settlement by the arbitration under the law for the time being in force in Bangladesh;
(ii) the arbitral award is prima face opposed to the law for the time being in force in Bangladesh;
(iii) the arbitral awa...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......ed for the reason of established of bona fide requirement. Learned Advocate further submits that the learned Judge did not make any error of law in concluding that he who asserts must prove; the onus of proof lies on the tenant in a situation where he asserts that he paid rent on time and not a..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....n, decline to excise its extra-ordinary jurisdiction under Article 226 of the Constitution. But the discretion is judicial; if the petitioner makes a claim which is frivolous, vexatious, or prima facie unjust, or may not appropriately be tried in a petition invoking extra-ordinary jur......line to excise its extra-ordinary jurisdiction under Article 226 of the Constitution. But the discretion is judicial; if the petitioner makes a claim which is frivolous, vexatious, or prima facie unjust, or may not appropriately be tried in a petition invoking extra-ordinary jurisdict......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....ntitled to proceed in the matter as per the provisions of the Act. And the goods being restricted item which fact the petitioner also admitted by filing application to the Commissioner of Customs prima facie proved that those were imported under mis-declaration, so he could not claim release o......d to proceed in the matter as per the provisions of the Act. And the goods being restricted item which fact the petitioner also admitted by filing application to the Commissioner of Customs prima facie proved that those were imported under mis-declaration, so he could not claim release of the ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....currence and recognized the accused including the appellant in the light of the electricity did not attribute any overt act of shooting accused wise, but while he deposed he did so and this creates a prima-facie doubt as to the fact whether the appellant fired twice at the deceased Rakib as alleged ......ce and recognized the accused including the appellant in the light of the electricity did not attribute any overt act of shooting accused wise, but while he deposed he did so and this creates a prima-facie doubt as to the fact whether the appellant fired twice at the deceased Rakib as alleged by P.W......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....ously come before the High Court Division for quashing. That matter ultimately went before the Appellate Division wherein by a judgment, reported in 50 DLR (AD) 189, this Division held that there was prima facie allegation of contravention of Section 17 of the Ordinance in the complaint petition a......come before the High Court Division for quashing. That matter ultimately went before the Appellate Division wherein by a judgment, reported in 50 DLR (AD) 189, this Division held that there was prima facie allegation of contravention of Section 17 of the Ordinance in the complaint petition and as ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....ars that each one was filed after observing all legal formalities as detailed in the various clauses of the proviso lo subsection (1) of section 138 of the Act, 1881 as discussed above, and a clear prima-facie case within the meaning of sub-section(1) has been made out therein, the Metropolitan Ma......at each one was filed after observing all legal formalities as detailed in the various clauses of the proviso lo subsection (1) of section 138 of the Act, 1881 as discussed above, and a clear prima-facie case within the meaning of sub-section(1) has been made out therein, the Metropolitan Magistra......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....10, under section 11(ga)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003), against the appellant and 3 others. 3. The police duly investigated into the case and, having found a prima facie case against the accused No.1 (the appellant), has submitted charge-sheet No.307 dated 2......der section 11(ga)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003), against the appellant and 3 others. 3. The police duly investigated into the case and, having found a prima facie case against the accused No.1 (the appellant), has submitted charge-sheet No.307 dated 22-10-2......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....tion the investigation officer recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure, collected the materials on record and after investigation having found prima-facie case submitted memo of evidence before the Commission. After obtaining sanction as per s......ion the investigation officer recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure, collected the materials on record and after investigation having found prima-facie case submitted memo of evidence before the Commission. After obtaining sanction as per section......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....stion arise whether the allegations levelled against the petitioner is believable or not, whether the allegation brought against the petitioner is the outcome of grudge and enmity and whether the prima facie case has been made out against the petitioner. 19. It appears from the evidence on re......arise whether the allegations levelled against the petitioner is believable or not, whether the allegation brought against the petitioner is the outcome of grudge and enmity and whether the prima facie case has been made out against the petitioner. 19. It appears from the evidence on record t...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......as been taken, hence the application. 6. Mr. Aneek R Haque, appearing with Mr. SR Aslam, the learned Advocates for the petitioner submits that the action of the respondent Nos.1 and 2 is ex facie illegal inasmuch as, the so called temporary extension by giving allotment to the hawkers who ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....he Second Labour Court, Dhaka and thus, committed the offence under sections 54 and 55 of the Ordinance. 3. On receipt of the complaint, learned Chairman of the Second Labour Court, Dhaka, found prima facie case against the petitioner and issued process accordingly. Soon after, the petitioner s......ond Labour Court, Dhaka and thus, committed the offence under sections 54 and 55 of the Ordinance. 3. On receipt of the complaint, learned Chairman of the Second Labour Court, Dhaka, found prima facie case against the petitioner and issued process accordingly. Soon after, the petitioner surrend...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....47/148/149/302/109 of the Penal Code. 3. After investigation police submitted Charge-Sheet being No.260 dated 10.08.2000 against the five accused persons, including the petitioner having found prima facie case made out against them under sections 147/148/149/447/ 302 of the Penal Code. Upon a....../149/302/109 of the Penal Code. 3. After investigation police submitted Charge-Sheet being No.260 dated 10.08.2000 against the five accused persons, including the petitioner having found prima facie case made out against them under sections 147/148/149/447/ 302 of the Penal Code. Upon a naraj......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....nal Special Judge, Dhaka ignored the element of the alleged deception or cheating and consequently did not include section 420 in the charge. However this defect is curable by the trial Court, but it prima facie indicates non-application proper attention of the trial Court to the framing of charge. ......ecial Judge, Dhaka ignored the element of the alleged deception or cheating and consequently did not include section 420 in the charge. However this defect is curable by the trial Court, but it prima facie indicates non-application proper attention of the trial Court to the framing of charge. 1......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....i petition, on which the learned Judge of the Tribunal passed an order of judicial enquiry to be conducted by a Magistrate. The Magistrate held judicial enquiry and submitted a report with finding of prima-facie truth in the allegation. On receipt of the said report, learned Judge took cognizance of......tion, on which the learned Judge of the Tribunal passed an order of judicial enquiry to be conducted by a Magistrate. The Magistrate held judicial enquiry and submitted a report with finding of prima-facie truth in the allegation. On receipt of the said report, learned Judge took cognizance of offen......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....n this connection the Judicial Committee of the Privy Council in Attorney-General for Ortario Vs. Mercer, (J.yy3) AC 767 (778) said 'It is a sound, maxim of law that every word in a statute ought prima-facie to be construed in its primary and natural sense, unless a secondary or more limite...... connection the Judicial Committee of the Privy Council in Attorney-General for Ortario Vs. Mercer, (J.yy3) AC 767 (778) said 'It is a sound, maxim of law that every word in a statute ought prima-facie to be construed in its primary and natural sense, unless a secondary or more limited sens......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....lip;………………Opposite parties Judgment January 26, 2012 Result: The Rule is discharged. When First Information Report discloses a prima-facie case against the petitioner, no application under section 561A of the Code of Criminal p......ellip;……………Opposite parties Judgment January 26, 2012 Result: The Rule is discharged. When First Information Report discloses a prima-facie case against the petitioner, no application under section 561A of the Code of Criminal procedu......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... either remission of the award or its reversal. Where, therefore, an award is found to be nullity because of the invalidity of the arbitration agreement or, for any other reason, or the award is prima facie illegal and not fit to be maintained, the Court has power under section 17 of the Act to......r remission of the award or its reversal. Where, therefore, an award is found to be nullity because of the invalidity of the arbitration agreement or, for any other reason, or the award is prima facie illegal and not fit to be maintained, the Court has power under section 17 of the Act to set i...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....ed into between the developer-company and defendant No.3 as quoted hereinbefore and consider those along with clauses (a)(b)(c)(d)(e) and (f) of section 2 and section 10 of the Contract Act, it would prima facie appear that the land owner of his own accord agreed to sign the agreement to be executed......o between the developer-company and defendant No.3 as quoted hereinbefore and consider those along with clauses (a)(b)(c)(d)(e) and (f) of section 2 and section 10 of the Contract Act, it would prima facie appear that the land owner of his own accord agreed to sign the agreement to be executed betwe......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
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