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State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....recorded the FIR; and sent it to the Police Station for starting regular case. The police took up investigation and on completion thereof submitted charge sheet against the condemned-prisoner since prima-facie case was made out against him under Section 302 of the Penal Code. 4. The......ed the FIR; and sent it to the Police Station for starting regular case. The police took up investigation and on completion thereof submitted charge sheet against the condemned-prisoner since prima-facie case was made out against him under Section 302 of the Penal Code. 4. The case ......een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ..Category: Criminal Law | Date: | Hits: 44
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....ant filed a naraji petition, which was allowed with a direction for holding judicial inquiry, the learned Magistrate, who carried out judicial inquiry, submitted a report holding that there is prima facie case against the accused-petitioners under Sections 315 and 316 of the Penal Code and o......led a naraji petition, which was allowed with a direction for holding judicial inquiry, the learned Magistrate, who carried out judicial inquiry, submitted a report holding that there is prima facie case against the accused-petitioners under Sections 315 and 316 of the Penal Code and on the ......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ..Category: Criminal Law | Date: | Hits: 42
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ......tter title the action of the respondents in declaring the property as abandoned property is illegal and that the petitioners by producing documents including title deeds have discharged their onus and as such the High Court Division committed error in discharging the rule. 8. Mr..Category: Property Law | Date: | Hits: 27
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....en necessary, announce the number of vacancies and invite applications; (iii) consider all applications received and, when necessary, interview such candidates as it considers prima facie most suitable for appointment and may also call for character rolls of such can......sary, announce the number of vacancies and invite applications; (iii) consider all applications received and, when necessary, interview such candidates as it considers prima facie most suitable for appointment and may also call for character rolls of such candidates ......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ..Category: Employment/Service Law | Date: | Hits: 100
Delwar Hossain Vs. State, 2007, 36 CLC (AD)
....se investigation apprehend accused-petitioner Delwar Hossain and produced him before the Magistrate for recording his confession. Finally submitted charge sheet against the accused-petitioner since prima-facie case was found against him under section 395/397 of the Penal Code. 4. The case ......estigation apprehend accused-petitioner Delwar Hossain and produced him before the Magistrate for recording his confession. Finally submitted charge sheet against the accused-petitioner since prima-facie case was found against him under section 395/397 of the Penal Code. 4. The case came t...... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ..Category: Criminal Law | Date: | Hits: 43
Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)
....are in possession of the land in suit on the date of filing of the suit. In the background of the said fact trial Court as well as the appellate Court held that plaintiffs “have proved their prima facie title and also their possession in the suit land”. In the state of the admitted p...... possession of the land in suit on the date of filing of the suit. In the background of the said fact trial Court as well as the appellate Court held that plaintiffs “have proved their prima facie title and also their possession in the suit land”. In the state of the admitted possess......of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ..Category: Property Law | Date: | Hits: 29
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....and documentary challenging the legality of these two documents Exhibit-A and A/1. The Courts below failed to consider that in a suit for permanent injuction, the plaintiff must prove his prima-faice title in the suit land and the plaintiff must be in possession of the suit land but in ......nent injuction, the plaintiff must prove his prima-faice title in the suit land and the plaintiff must be in possession of the suit land but in this case the plaintiff neither could prove his prima-facie title nor possession in the suit land. Thereafter, the suit ought to have been dis......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..Category: Property Law | Date: | Hits: 24
Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
....and is being marketed by defendant Nos. 1-5 is quite similar to the water pump imported by the plaintiff and thereby the plaintiff suffering loss of business and thus plaintiff has made out a prima facie arguable case for having an order of temporary injunction and that the balance of...... being marketed by defendant Nos. 1-5 is quite similar to the water pump imported by the plaintiff and thereby the plaintiff suffering loss of business and thus plaintiff has made out a prima facie arguable case for having an order of temporary injunction and that the balance of conve...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ..Category: Intellectual Property Law | Date: | Hits: 201
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....n Bangladesh and the purpose thereof has been commenced in Bangladesh, the laws of Bangladesh have the substantial communication with the contract the law of contract of Bangladesh shall have primacy over England law though the later have been stipulated that though the law of England has b......n of the parties, and generally on all the surrounding facts. It may be that the parties have in terms in their agreement expressed what law they intended to govern, and in that case prima facie their interntion will be effectuated “by the Court.” 10. In elaborati......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......nessa the wife of the lessee appeared before the concerned authorities on a few occasions. 9. On perusal of the documents filed by the writ petitioner respondents, it appears to us that onus of making out a case that the case property was not abandoned property has been fairly di..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....n the legitimate exercise of their title, the learned Judge of the High Court Division was wrong in issuing the injunction in mandatory from without coming to a finding that the respondent had a good prima facie case for temporary injunction as he has been seeking in the suit. 7. Mr. Nurullah, t......legitimate exercise of their title, the learned Judge of the High Court Division was wrong in issuing the injunction in mandatory from without coming to a finding that the respondent had a good prima facie case for temporary injunction as he has been seeking in the suit. 7. Mr. Nurullah, the lea......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..Category: Property Law | Date: | Hits: 31
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....hat the plaintiff has filed the suit making untrue statements and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the finding that plaintiff has proved his prima facie title in the land in suit and also has established his exclusive possession in the land......e plaintiff has filed the suit making untrue statements and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the finding that plaintiff has proved his prima facie title in the land in suit and also has established his exclusive possession in the land in su...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ..Category: Property Law | Date: | Hits: 26
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......nd in suit is based on non-consideration of the evidence of P.Ws.1 and 5 who admitted the possession of the defendant No.1 in some part of the land in suit, that the trial Court misplaced the onus upon the defendant No.1 as to establishing the matters involved in the suit i.e. genuinen..Category: Property Law | Date: | Hits: 46
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......sfers in favour of some fictitious persons. Then the pre-emptee moved the High Court Division and obtained Rule and after hearing, the High Court Division discharged the Rule holding that the onus was upon the preemptee to prove the genuineness of the three registered sale deeds and the cer..Category: Property Law | Date: | Hits: 21
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....rs is further bolstered and reinforced by the fact that T.S. No.29 of 1984 filed by the defendant No.1 against the government was admittedly dismissed on contest meaning that the possession and the prima facie title in the suit land is with the government. The learned Single Judge, although dism......further bolstered and reinforced by the fact that T.S. No.29 of 1984 filed by the defendant No.1 against the government was admittedly dismissed on contest meaning that the possession and the prima facie title in the suit land is with the government. The learned Single Judge, although dismissed ......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..Category: Property Law | Date: | Hits: 35
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on 18.5.1996 and since then he had been working with reputation and without any blemish; in the year 1998 the defendant No.2, an erstwhile army officer, joined BOESL as its Managing Directors; the primary task of BOESL is to arrange overseas employment for Bangladesh nationals for which service ......led to use the same to prove his case of malafide or to make out a case of camouflage by the respondent No.2 to pass an order of major punishment by way of terminating him from service; Ext.5 prima facie shows that the decision to terminate the petitioner from his service was taken by the Bo......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..Category: Employment/Service Law | Date: | Hits: 71
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....a on completion of investigation submitted charge sheet against Khalequl Islam, the present petitioner before us and the F.I.R. named accused Abdul Hossain was not sent up in the charge sheet as no prima facie case was made out against him. 6.The case was in the filed of learned Sessions J......ompletion of investigation submitted charge sheet against Khalequl Islam, the present petitioner before us and the F.I.R. named accused Abdul Hossain was not sent up in the charge sheet as no prima facie case was made out against him. 6.The case was in the filed of learned Sessions Judge a......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ..Category: Criminal Law | Date: | Hits: 96
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......ile this petition while the rule was made absolute. 14. We have however heard the submissions made on behalf of the petitioner. 15. The ground taken by the learned Counsel Prima facie appears sweet to hear but it is full of sound and fury signifying nothing. 16. We have......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ..Category: Criminal Law | Date: | Hits: 64
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
.... accident, that the matter was reported to the Fatullah Police Station on the date of accident i.e. 13.05.1986 and a case was registered and on investigation. Investigating Agency having found prima-facie case against the employees of the defendant No.1 submitted report for prosecution and t......ent, that the matter was reported to the Fatullah Police Station on the date of accident i.e. 13.05.1986 and a case was registered and on investigation. Investigating Agency having found prima-facie case against the employees of the defendant No.1 submitted report for prosecution and the cas......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
.... "It is well settled proposition of law that in a suit of permanent injunction the sole question to be seen is the exclusive possession of the plaintiff the suit land as well as his prima-facie title. From the discussions made above it is clear that the plaintiff proved his ......ot;It is well settled proposition of law that in a suit of permanent injunction the sole question to be seen is the exclusive possession of the plaintiff the suit land as well as his prima-facie title. From the discussions made above it is clear that the plaintiff proved his exclus......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ..Category: Property Law | Date: | Hits: 23
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