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State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
.... prepared sketch map with separate index of the place of occurrence, seized alamats by preparing seizure list, examined the witnesses and finally submitted charge-sheet against 4 accused since prima-facie case was made out against them under Sections 364/386 of the P......red sketch map with separate index of the place of occurrence, seized alamats by preparing seizure list, examined the witnesses and finally submitted charge-sheet against 4 accused since prima-facie case was made out against them under Sections 364/386 of the Penal C......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....25B (1) (a) and (b) of the Special Power Act, 1974, Since the petitioner and others were arrested from a place within Bangladesh which is far away from the boarder of the country and found no prima facie evidence on record that the petitioner tendered the money in question for taking it to ......) (a) and (b) of the Special Power Act, 1974, Since the petitioner and others were arrested from a place within Bangladesh which is far away from the boarder of the country and found no prima facie evidence on record that the petitioner tendered the money in question for taking it to any fo......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....e the Court of Chief Metropolitan Magistrate (CMM), Chittagong. The learned CMM thereafter ordered the kotwali Police Station to investigate into the matter and treat the complaint as F.I.R. if the prima-facie case was made out. The respondent-opposite party No.1 thereafter threatened the officer......Court of Chief Metropolitan Magistrate (CMM), Chittagong. The learned CMM thereafter ordered the kotwali Police Station to investigate into the matter and treat the complaint as F.I.R. if the prima-facie case was made out. The respondent-opposite party No.1 thereafter threatened the officers and ......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)
....e for the petitioner submits that if the prosecution case as made out in the first information report and in the charge sheet is admitted as a whole and believed to be true it does not disclose any prima facie case as against the accused petitioner inasmuch as the allegations do not attract ......the petitioner submits that if the prosecution case as made out in the first information report and in the charge sheet is admitted as a whole and believed to be true it does not disclose any prima facie case as against the accused petitioner inasmuch as the allegations do not attract the mi......ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Md. Rafique, 2007, 36 CLC (AD)
.... held investigation arrested the accused and got statement recorded under Section 164 of the Code of Criminal Procedure and finally submitted charge sheet against the accused respondent since prima faice case was made out against him under Section 302 of the Penal Code. 4. The accuse......at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ..Category: Criminal Law | Date: | Hits: 22
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....aring seizure list, examined the witnesses and recorded their statements under Section 161 of the Code of Criminal Procedure and finally submitted charge-sheet against the accused-petitioners since prima faice case was made out against them. 6. The case record ultimately came to the file ......the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....ding he issued cheques in favour of the opposite party No.2 informant which were bounced with the remark 'payment stopped by the drawer'. This fact and also the fact of bouncing of the cheques prima facie goes to prove the intention of the accused-appellant to deceive the drawer opposi...... issued cheques in favour of the opposite party No.2 informant which were bounced with the remark 'payment stopped by the drawer'. This fact and also the fact of bouncing of the cheques prima facie goes to prove the intention of the accused-appellant to deceive the drawer opposite part......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....as an abandoned property in the 'kha' list and the said list has been published in the official gazette. 4. The case before the Court of Settlement was contested by the Government contending primarily that Sahera Khatun and her daughter Anwari Khatun were absent from Bangladesh and that th...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......f discharge of that burden by the official authority the claimant of the property is required to establish that the property is not an abandoned property, that the Court of Settlement misplaced the onus upon the petitioner (herein Respondent No.1) to prove that the whereabouts of the original ow..Category: Property Law | Date: | Hits: 29
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......on 31.12.1966 in Titje Suit No. 119 of 1965. 8. The trial court as well as the court of appeal held that on the face of the aforesaid challenge regarding the kabuliyats in question the onus was heavily upon the plaintiffs to prove that the alleged kabuliyats were actually executed b..Category: Property Law | Date: | Hits: 28
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
....eir respective shares for more. then 30 years and admittedly the defendants being the co-sharers in the suit land have been paying rent all along and the plaintiffs also failed to have made out no prima facie case but without considering the above the High Court Division passed the impugned orde......spective shares for more. then 30 years and admittedly the defendants being the co-sharers in the suit land have been paying rent all along and the plaintiffs also failed to have made out no prima facie case but without considering the above the High Court Division passed the impugned order with...... 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: 14 MLR (AD) (2009) 111. ..Category: Property Law | Date: | Hits: 27
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......ightly treated the property as an abandoned property and leased out the same to the respondent No.3 and ultimately sold the same by registered document. The appellant having failed to discharge his onus that the property in question is not abandoned property inasmuch as failed to discharge the o..Category: Tenancy Law | Date: | Hits: 155
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......l as the Court of appeal below were in error in holding that the defendants were to prove their case of auction purchase of the land of 'Kha' and 'Ga' schedule and thus was in error in placing the onus on the defendants instead of the plaintiffs. The contention so made is of no substance since t..Category: Property Law | Date: | Hits: 32
Abu Taher Vs. Bangladesh, 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: 14 BLC (AD) (2009) 19. ......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: 14 BLC (AD) (2009) 19. ......operty either in Ka or Kha list, is to adjudicate whether the building is an abandoned property and the same has vested in the government and if the building is listed as an abandoned property the onus lies upon the claimant to rebut the presumption that the same was not an abandoned property an..Category: Property Law | Date: | Hits: 29
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....rmation slip claimed to have obtained through the clerk of an Advocate. 7. As against the aforesaid judgment and decree the plaintiffs went an appeal. The appellate Court allowed the appeal primarily on the finding since plaintiffs and defendants are co-sharers in the land in suit th......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ..Category: Property Law | Date: | Hits: 25
Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
....rect or that the said Division has misread the evidence or left the material evidence out of consideration. In a suit for permanent injunction question of title is gone into incidentally. The primary matter in a suit for permanent injunction, required to be proved by the party seeking decre......r permanent injunction, required to be proved by the party seeking decree of permanent injunction is the possession of the land in suit. In the instant case the plaintiff has proved his prima facie title as well as possession in the land in suit. 7. The learned Advocate-on-record fai...... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ..Category: Property Law | Date: | Hits: 21
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......ch, they are interested witnesses and the trial Court discarded their evidence on assigning reason. It may also be mentioned that the appellate Court set aside the judgment of the trial Court placing onus wrongly on the OPW 1 that he could not prove that defendant No. 4 was not ill on the date the s..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....urt, that the Court of Settlement is not authorised to adjudicate the title of the claimant, particularly when there is a decree of the civil Court, that jurisdiction of the Court of Settlement is primarily limited to the inquiry whether the property is an abandoned property and that in the pres......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......d by the provision of the Ordinance No. 54 of 1985, is to establish that the building in question is not an abandoned property. So, it is seen from the provision of section 7 of the Ordinance that onus of establishing that the inclusion of the building, i.e. exclusion whereof from the list of ab..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......ce. Since there are some patent incongruities in the plaint of Title Suit No.208 of 1994 brought by the plaintiff Samirunnessa Bibi as noticed earlier the exparte decree dated 12.12.1984 ex-facie is not sustainable. 16. Accordingly the learned Additional District Judge did not com......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..Category: Property Law | Date: | Hits: 25
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t decision and there 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: ......t decision and there 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: ......operty either in Ka or Kha list, is to adjudicate whether the building is an abandoned property and the same has vested in the government and if the building is listed as an abandoned property the onus lies upon the claimant to rebut the presumption that the same was not an abandoned property an..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......o consider the submissions that the High Court Division was in error in setting aside the finding of fact arrived at by the Court of appeal below which is the final Court of fact upon shifting the onus on the defendants and that in the absence of legal infirmity in the finding of fact arrived at..Category: Property Law | Date: | Hits: 24
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