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Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......of this defendant manufactured the impugned contract for sale of the suit land. In view of this defence case it is evident that in this suit for specific performance of contract the initial onus though was on the plaintiff to prove the execution of this contract for sale the bainanama by t..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
.... After being assigned for investigation, he had visited the place of occurrence, prepared the sketch map with index and recorded statements of the witnesses under section 161 of the Code. As he found prima facie case against the accused, submitted charge sheet under section 6(1) of the Ain. He furth...... being assigned for investigation, he had visited the place of occurrence, prepared the sketch map with index and recorded statements of the witnesses under section 161 of the Code. As he found prima facie case against the accused, submitted charge sheet under section 6(1) of the Ain. He further sta......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......ld have decided the fate of the case on merit in accordance with law as stated above. That being not done the order as envisaged in Annexure- 'L' to the Supplementary Affidavit of this petition is ex facie illegal and not sustainable in law. The review committee most illegally observed that the deci......tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......ion that the breach of a contract to transfer immoveable property cannot be adequately relieved by compensation in money. The Saru Meah Sowdagar’s case cited above, is authority for saying that the onus of rebutting the presumption lies on the person who seeks to avoid the agreement. In the instan..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......registered deed has got a presumptive value of being genuine. This presumption, no doubt, is rebuttable. The party who claims a registered deed to be forged, collusive etc. the initial onus lies upon that party to prove that the said registered deed is actor ally forged and collusive...Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
.... transferring the case from the Divisional Special Judge to the Sessions Judge, Barisal. We do not approve this kind of exercise of power by the High Court Division. The High Court Division committed prima-facie error in passing the impugned Order, but since examination of the prosecution has a......ferring the case from the Divisional Special Judge to the Sessions Judge, Barisal. We do not approve this kind of exercise of power by the High Court Division. The High Court Division committed prima-facie error in passing the impugned Order, but since examination of the prosecution has already......ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
....he course of trial. Moreover, abusing their position as public servant the accused-petitioners contributed much for obtaining pecuniary benefit for some other person which is enough to constitute the prima-facie element of mens rea as is required. In this forum created under section 561A interferenc......rse of trial. Moreover, abusing their position as public servant the accused-petitioners contributed much for obtaining pecuniary benefit for some other person which is enough to constitute the prima-facie element of mens rea as is required. In this forum created under section 561A interference on s......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
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Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....rit petition, the writ-respondent stated that ".-........the question of reinstatement does not arise inasmuch as, the petitioner was not dismissed or removed by BJMC." 15. From the above, it is prima-facie clear that the petitioner voluntarily resigned from his service while he was posted at t......tition, the writ-respondent stated that ".-........the question of reinstatement does not arise inasmuch as, the petitioner was not dismissed or removed by BJMC." 15. From the above, it is prima-facie clear that the petitioner voluntarily resigned from his service while he was posted at the dis......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....uspicion, presumption and inference of accusation against the accused-petitioner, which can not be the basis of a Criminal Proceeding. FIR, Charge sheet and other materials on record do not show prima facie allegations for constituting any criminal offence against the accused-petitioner. There ......on, presumption and inference of accusation against the accused-petitioner, which can not be the basis of a Criminal Proceeding. FIR, Charge sheet and other materials on record do not show prima facie allegations for constituting any criminal offence against the accused-petitioner. There is no ......eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
....t the High Court Division mechanically affirmed the judgment and order of the learned Additional Sessions Judge and, as, such, the impugned judgment should be set aside. He also submits that unless a prima facie case is found out by the Criminal Investigation Department (CID) by examining the p......High Court Division mechanically affirmed the judgment and order of the learned Additional Sessions Judge and, as, such, the impugned judgment should be set aside. He also submits that unless a prima facie case is found out by the Criminal Investigation Department (CID) by examining the papers,...... made before, we do not find any substance in this criminal petition for leave to appeal. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 5. ..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....y misrepresentation or assuring her to marry her or creating wrong impression in her mind that she was his lawfully married wife. Thus the allegations made in the FIR and charge sheet do not disclose prima-facie case under section 9(1) of the Ain against the appellant, who ought to have been dischar......epresentation or assuring her to marry her or creating wrong impression in her mind that she was his lawfully married wife. Thus the allegations made in the FIR and charge sheet do not disclose prima-facie case under section 9(1) of the Ain against the appellant, who ought to have been discharged. S......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....her at Uttara in support of his contention the learned Deputy Attorney-General has annexed the photocopy of the GD entry over the matter, Moreover, annexing the DNA report the opposite-party has also prima-facie proved that one "Vasa" a baby is the product of illicit relationship biologically fath...... Uttara in support of his contention the learned Deputy Attorney-General has annexed the photocopy of the GD entry over the matter, Moreover, annexing the DNA report the opposite-party has also prima-facie proved that one "Vasa" a baby is the product of illicit relationship biologically fathered b......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....tatements under section 161 of the Code of Criminal Procedure. The accused Md. Bazlur Rahman made a confessional statement under section 164 of the Code of Criminal Procedure. However, having found a prima facie case, the Investigating Officer submitted charge-sheet No.03dated 25-1-1998 against the ......nts under section 161 of the Code of Criminal Procedure. The accused Md. Bazlur Rahman made a confessional statement under section 164 of the Code of Criminal Procedure. However, having found a prima facie case, the Investigating Officer submitted charge-sheet No.03dated 25-1-1998 against the princi......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
.... আস্তে পরিশোধ করে দিতে পারবো।” 5. After concluding the investigation, the investigation officer having found prima facie case against the accused-petitioner along with Mizanur Rahman, Shah Alam Badal and Shahi......স্তে পরিশোধ করে দিতে পারবো।” 5. After concluding the investigation, the investigation officer having found prima facie case against the accused-petitioner along with Mizanur Rahman, Shah Alam Badal and Shahidul Is......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
..... 17. Now, the question is whether the High Court Division was justified in giving the declaration beyond the Rule issuing order. The prayer of the writ-petition has been quoted hereinbefore which prima-facie shows that the writ-petitioners made the prayer to direct respondent Nos.1 and 2 to impl......7. Now, the question is whether the High Court Division was justified in giving the declaration beyond the Rule issuing order. The prayer of the writ-petition has been quoted hereinbefore which prima-facie shows that the writ-petitioners made the prayer to direct respondent Nos.1 and 2 to implement ......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....ies and Exchange Commission Ordinance, 1969 has been disclosed against the petitioners in it. Whether the allegations are false or true it will be decided after taking evidence and at this stage when prima-facie case have been disclosed within the mischief of section 17 of the Securities Exchange, O......d Exchange Commission Ordinance, 1969 has been disclosed against the petitioners in it. Whether the allegations are false or true it will be decided after taking evidence and at this stage when prima-facie case have been disclosed within the mischief of section 17 of the Securities Exchange, Ordinan......d without his knowledge or that he exercised all diligent to prevent its commission be deemed to be guilty of the offence. Following Sub-section (2) of section 24 of the Ordinance, the onus lies on the accused to prove that he is not guilty of the alleged offence. This provision of la..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....s the owner of the suit land who possess the same through Akbor Ali. He also admitted that he has no claim in the suit land. 27. During cross-examination this witness disclosed that he read upto primary level. This witness denied the suggestion that he along with Rosomoy and Abul Hashem filed a......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......s not at all sustainable in law. Plaintiff is to prove his case The case of the defendants have been established by credible evidence although as a matter of fact in a civil suit the onus does not in any way lies on the dependant to prove his case rather plaintiff is to prove his ca..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ...... The appeal is dismissed. Onus and presumption as to service of summons In case of allegation of non-service of summons upon the defendant/opposite party, as the case may be, the onus is upon the plaintiff/petitioner that the summons of the suit or the case was served upon the ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
....quiry on the compliant to be held by a Magistrate or any other person and then on receipt of enquiry report and if on consideration of such report and petition of complaint is satisfied that there is prima-facie evidence in support of the complaint, may take cognizance of any offence under the Ain a......on the compliant to be held by a Magistrate or any other person and then on receipt of enquiry report and if on consideration of such report and petition of complaint is satisfied that there is prima-facie evidence in support of the complaint, may take cognizance of any offence under the Ain against...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....the defence plea. Be that as it may the proposition of law is now well settled that on the basis of defence plea or materials a criminal proceedings should not be stifled before trial when there is a prima facie case for going for trial. Moreover, the interruption of the course of justice will se......fence plea. Be that as it may the proposition of law is now well settled that on the basis of defence plea or materials a criminal proceedings should not be stifled before trial when there is a prima facie case for going for trial. Moreover, the interruption of the course of justice will set up a......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
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