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Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....d in the Court of Senior Special Judge, Sunamganj and on the order of the Court Bureau of Anti-Corruption conducted enquiry and reported about genuineness of the allegation and the Court having found prima facie case against them under sections 419/420/467/468/471/109 and under section 5(2) of the P......he Court of Senior Special Judge, Sunamganj and on the order of the Court Bureau of Anti-Corruption conducted enquiry and reported about genuineness of the allegation and the Court having found prima facie case against them under sections 419/420/467/468/471/109 and under section 5(2) of the Prevent......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......ion did not lead any evidence whether direct or circumstantial for bringing home the charge against the respondent and further the learned Sessions Judge committed serious error of law by throwing onus on the respondent for proving his innocence; in the case of State Vs. Manzoor Ahmed reported i..Category: Criminal Law | Date: | Hits: 48
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......ing failed to look after and possess the building, the Court of Settlement rightly found that the above building duly vested in the government and the High Court Division erred in law in shifting the onus on the Government to show that the suit property is an abandoned property even though the enlis..Category: Property Law | Date: | Hits: 28
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....ourts and the Magistrates must not lightly accept written complaints and proceed to issue processes until they had thoroughly sifted the allegations made against the accused and were satisfied that a prima facie case had been made out against those who were accused of criminal offences". It was furt......and the Magistrates must not lightly accept written complaints and proceed to issue processes until they had thoroughly sifted the allegations made against the accused and were satisfied that a prima facie case had been made out against those who were accused of criminal offences". It was further ob...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ..Category: Criminal Law | Date: | Hits: 105
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ......ts that the defendants had proved their case by submitting their documentary evidence such as Modified Rent-Roll series of rent-receipts, Mutation khatian etc. 12. Lastly he submits that the onus is upon the plaintiffs to prove their case independently and not upon the weakness of th..Category: Property Law | Date: | Hits: 22
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....nded by the defendants that the plaintiffs have no right, title and possession in the land in suit. 5. The trial Court decreed the suit on the findings that the plaintiffs have proved their prima facie title in the land in suit and also their exclusive possession therein. 6. O......y the defendants that the plaintiffs have no right, title and possession in the land in suit. 5. The trial Court decreed the suit on the findings that the plaintiffs have proved their prima facie title in the land in suit and also their exclusive possession therein. 6. On appe......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ..Category: Property Law | Date: | Hits: 19
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
.... consideration in such a suit is whether the plaintiff has been in exclusive possession of the suit land. The trial Court found the plaintiff in exclusive possession of the suit land and also found prima facie title of the plaintiff in the suit land. Accordingly the trial Court decreed the suit. ......deration in such a suit is whether the plaintiff has been in exclusive possession of the suit land. The trial Court found the plaintiff in exclusive possession of the suit land and also found prima facie title of the plaintiff in the suit land. Accordingly the trial Court decreed the suit. But th......cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ..Category: Property Law | Date: | Hits: 30
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....des which cases would be transferred by the Government through Gazette Notification to the Tribunal established under the Ain. It is the concurrent finding of the High Court Division that there is, prima facie, no hide and seek or choose and pick in making the transfer of the cases. 15. N......ich cases would be transferred by the Government through Gazette Notification to the Tribunal established under the Ain. It is the concurrent finding of the High Court Division that there is, prima facie, no hide and seek or choose and pick in making the transfer of the cases. 15. Now let......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt by gross violation of the stipulation as contained in the User Agreement. The respondent is a party aggrieved within the meaning of section 46 of the Act, The respondent has got strong prima facie case and the balance of convenience and inconvenience is in favour of the respondent an......gross violation of the stipulation as contained in the User Agreement. The respondent is a party aggrieved within the meaning of section 46 of the Act, The respondent has got strong prima facie case and the balance of convenience and inconvenience is in favour of the respondent and aga......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..Category: Intellectual Property Law | Date: | Hits: 245
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....er for ends of justice. We direct the learned Magistrate Cognizance Court Laxmipur to peruse the record of the case and the documents submitted therein and on examination of the same if he finds a prima facie case under the provision of the Penal Code to take cognizance of the offence in accorda...... ends of justice. We direct the learned Magistrate Cognizance Court Laxmipur to peruse the record of the case and the documents submitted therein and on examination of the same if he finds a prima facie case under the provision of the Penal Code to take cognizance of the offence in accordance wi......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ..Category: Criminal Law | Date: | Hits: 38
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....mna Police Station whereupon Ramna P. S. Case No.14 dated 04-12-1991 was started. 3. Police submitted charge sheet after investigation under Sections 19A and 19(f) of the Arms Act since prima facie case was made out against him, 4. The defence case is of innocence allegin......lice Station whereupon Ramna P. S. Case No.14 dated 04-12-1991 was started. 3. Police submitted charge sheet after investigation under Sections 19A and 19(f) of the Arms Act since prima facie case was made out against him, 4. The defence case is of innocence alleging, int......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..Category: Criminal Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... sketch map with a separate index and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and finally submitted charge sheet against the accuseds since prima facie case was found against them. 4. Then the case record was sent to the learned Sp......h map with a separate index and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and finally submitted charge sheet against the accuseds since prima facie case was found against them. 4. Then the case record was sent to the learned Special ...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ..Category: Criminal Law | Date: | Hits: 34
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....oved plaintiffs exclusive possession in the suit land. The learned Additional District Judge has, therefore, reversed the finding of the trial Court and held that the plaintiff has proved his prima-facie title and exclusive possession in the suit land. The trial Court in a slipshod judgment......laintiffs exclusive possession in the suit land. The learned Additional District Judge has, therefore, reversed the finding of the trial Court and held that the plaintiff has proved his prima-facie title and exclusive possession in the suit land. The trial Court in a slipshod judgment found......and delivery of possession of the suit land from Nur Mohammad Khan the predecessor-in-interest of the plaintiff to the contesting defendants. The defendants, therefore, could not discharge the onus that they repaid the entire consideration money of Nur Mohammad Khan and got back posses..Category: Property Law | Date: | Hits: 19
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.....W.2 Abdur Rahman, who is a cultivator and stated that the pre-emptor is in possession of the case land; that the burden of proof respecting knowledge of the impugned transfer having been primarily discharged by the pre-emptor through oral evidence and also by production of the certifie...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......nowledge of the impugned transfer having been primarily discharged by the pre-emptor through oral evidence and also by production of the certified copy of the sale deeds under preemption, the onus as to knowledge has been shifted upon the pre-emptee which he failed to discharge; that on of ..Category: Property Law | Date: | Hits: 20
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......nt submits that the High Court Division was in error in affirming the judgment and decree of the trial Court without considering the evidence on record as regard discharging the special onus of the defendant No. 1, that the High Court Division was in error in not considering the evide..Category: Property Law | Date: | Hits: 37
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......through other prosecution witnesses nor adduced any evidence to bring home the said defence suggestion. 17. It is by now settled that a wife being-found killed in the house of her husband onus heavily lies upon the shoulders of her husband to explain the circumstances leading to the dea..Category: Criminal Law | Date: | Hits: 99
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....nbsp; submits that the High Court Division failed to consider that SA Plot No. 1712 divided into 2(two) plots: one is 7/1, the other is 7/2 possessed by the plaintiff-respondents and SA Plot No. 7612 prima facie shows that it contained 200 ajutangsha of land but the plaintiff-respondents claim......submits that the High Court Division failed to consider that SA Plot No. 1712 divided into 2(two) plots: one is 7/1, the other is 7/2 possessed by the plaintiff-respondents and SA Plot No. 7612 prima facie shows that it contained 200 ajutangsha of land but the plaintiff-respondents claimed&nbs...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......urt Division held that the document in question i.e. the deed by which the transfer has been made and sought to be pre-empted apparently shows is a deed of exchange and in that state of the matter onus was upon the pre-emptor to establish that the transfer was camouflaged one i.e. not a deed of ..Category: Property Law | Date: | Hits: 20
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......e over the suit property are not entitled to get any relief in the suit but the trial Court as well as the revisional Court committed error of law in decreeing the suit and shifting the onus of the proper execution and registration of the impugned deed upon the defendant and the same..Category: Property Law | Date: | Hits: 24
Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)
....ate and time and manner the accused husband caused hurt to the informant of the case for dowry. It was further considered that the police on completion of investigation submitted final report as no prima facie case was made out against the accused persons and therefore, the proceedings against th......d time and manner the accused husband caused hurt to the informant of the case for dowry. It was further considered that the police on completion of investigation submitted final report as no prima facie case was made out against the accused persons and therefore, the proceedings against the accu...... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ..Category: Criminal Law | Date: | Hits: 32
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