Search Options
Judgment Advanced Search
Displaying 1461-1480 of 1543 results.
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....osecuted for abatement of such offence. As such, it was urged that the proceedings should be quashed. Mr. B. Hossain representing the State argued that First Information Report and the charge-sheet prima facie disclose the commission of the offence alleged by the prosecution. In the Instant case t......ed for abatement of such offence. As such, it was urged that the proceedings should be quashed. Mr. B. Hossain representing the State argued that First Information Report and the charge-sheet prima facie disclose the commission of the offence alleged by the prosecution. In the Instant case the Mag......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..Category: Anti-Corruption Laws | Date: | Hits: 225
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
.... to have been waived. This objection, as it involves ascertainment of certain facts, comes in conflict also with the rule of pleading as provided in Order 8, rule 2 C.P. Code. In the circumstances, prima facie, the pre-emptee purchaser ought not have been allowed to urge this objection for the fi......ve been waived. This objection, as it involves ascertainment of certain facts, comes in conflict also with the rule of pleading as provided in Order 8, rule 2 C.P. Code. In the circumstances, prima facie, the pre-emptee purchaser ought not have been allowed to urge this objection for the first ti......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
.... allowed the amendment of the plaint. The learned Judges of the High Court were of the view, that the prayer was belated, but overlooked the fact, that obviously; the prayer was made at a time when prima facie, the other side might not have acquired any right by lapse of time. Secondly, the prayer......ed the amendment of the plaint. The learned Judges of the High Court were of the view, that the prayer was belated, but overlooked the fact, that obviously; the prayer was made at a time when prima facie, the other side might not have acquired any right by lapse of time. Secondly, the prayer did n......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....ave been of the view that this should be decided finally by a Civil Court of competent jurisdiction in a properly framed suit and that till such decision is made, one of the rival claimants who has prima facie a better claim should-be appointed as Mutwalli for the purpose of section 43 of the Or......en of the view that this should be decided finally by a Civil Court of competent jurisdiction in a properly framed suit and that till such decision is made, one of the rival claimants who has prima facie a better claim should-be appointed as Mutwalli for the purpose of section 43 of the Ordinanc......in Khan vs. Hashim AH Khan, 43 IA 212, wherein it was held that an acknowledgment by a Mohammadan that a person is his son is substantive evidence that the person is his legitimate son and that the onus of disproving his status is upon the person who alleges his illegitimacy. Relying on these ob..Category: Trust/Waqf Law | Date: | Hits: 182
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....decree-holder from proceeding with the said execution, but that such an order could have been passed only when the Court was satisfied that all the conditions for granting such as injunction as to prima fade case, irreparable injury to the judgment-debtor balance of convenience had b......existence. Learned Counsel has submitted that the posed suit being not maintainable on the of the averments made in the application of respondent under Order 33, rule 1 of the C there was no prima facie case in favour of respondent and the learned Subordinate Judge acted without jurisdiction in ...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....llant, by virtue of sections 10 and 30 of the Evidence Act. It was held that a plain reading of section 10 "makes it clear that apart from the act or statement of the co-conspirator, some prima facie evidence must exist of the antecedent conspiracy in order to attract section 10. It was...... by virtue of sections 10 and 30 of the Evidence Act. It was held that a plain reading of section 10 "makes it clear that apart from the act or statement of the co-conspirator, some prima facie evidence must exist of the antecedent conspiracy in order to attract section 10. It was furth......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....he Contractor Mansur Ali by giving him advances in quick succession It was, therefore, urged that there was nothing on record to show that whatever was done by the petitioner was not done with the primary object of successful completion of the scheme undertaken by the District Council under, the......what would normally be experienced by the regular cases of wastage such as transmission of conversion losses. The Electric Supply Corporation of Calcutta having obtained sufficient prima facie materials lodged a complaint before the Chief Presidency Magistrate at Calcutta aga......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... in Foss vs. Harbottle, as I understand it, comes to no more than this. First, the proper plaintiff in an action in respect of d wrong alleged to be done to a company or association of persons is prima facie the company or the association of persons itself. Secondly, where the alleged wrong is a......ss vs. Harbottle, as I understand it, comes to no more than this. First, the proper plaintiff in an action in respect of d wrong alleged to be done to a company or association of persons is prima facie the company or the association of persons itself. Secondly, where the alleged wrong is a trans......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....er the aforesaid date. Consequently, the trial of the accused could not be held before the special Magistrate or special Tribunal constituted under P. O. 50. It was however, observed that if a prima facie case was made out against the accused under section 302/34 and the charge-sheet w......aforesaid date. Consequently, the trial of the accused could not be held before the special Magistrate or special Tribunal constituted under P. O. 50. It was however, observed that if a prima facie case was made out against the accused under section 302/34 and the charge-sheet was sub&...... "The different intention, if guy, we think, in view of the expressions unless a different intention appears" should be so manifest as to leave no scope for doubt, and' then the onus to establish such an intention must necessarily be on a party imputing it to the legislature...Category: Criminal Law | Date: | Hits: 113
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ...... the Rent Control Ordinance, 1969 that the tenant may deposit rent with the House Rent Controller and as such when a tenant elects to resort to the provisions of section 19 of the said Ordinance, the onus is on him to prove that the ground on which he deposited the rent with the Rent Controller exis..Category: Tenancy Law | Date: | Hits: 76
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
.... (XIV of 1991), Section 103 The bank is bound to comply with the condition on which it has accepted the deposit. The High Court Division were perfectly correct in holding that prima facie the bank where the money is deposited on the basis of the contract the Bank cannot be ......of 1991), Section 103 The bank is bound to comply with the condition on which it has accepted the deposit. The High Court Division were perfectly correct in holding that prima facie the bank where the money is deposited on the basis of the contract the Bank cannot be injunc......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
.... the suit on merit without taking any evidence. 5. Mr. Shafique Ahmed, learned entering caveat, submits that whatever the High Court Division mentioned in the judgment are all prima facie materials which will not affect the merit of the case itself. 6. W......it on merit without taking any evidence. 5. Mr. Shafique Ahmed, learned entering caveat, submits that whatever the High Court Division mentioned in the judgment are all prima facie materials which will not affect the merit of the case itself. 6. We have ......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ..Category: Intellectual Property Law | Date: | Hits: 224
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....not to have taken recourse to section 46 of the aforesaid Act, 1991. The purport of this impugned order is to find out whether respondent No. 1 can be removed from the office of the Chairman. This prima facie indicates that in spite of their knowledge of the earlier order passed by this Divisio...... have taken recourse to section 46 of the aforesaid Act, 1991. The purport of this impugned order is to find out whether respondent No. 1 can be removed from the office of the Chairman. This prima facie indicates that in spite of their knowledge of the earlier order passed by this Division Bang......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
.... accused with the alleged murder, where we find reasonable grounds for believing that the accused is guilty of the offence which is punishable with death or imprisonment for life. We find a strong prima facie case for not granting bail. 8. Mr. Mainul Hosein further submitted......ed with the alleged murder, where we find reasonable grounds for believing that the accused is guilty of the offence which is punishable with death or imprisonment for life. We find a strong prima facie case for not granting bail. 8. Mr. Mainul Hosein further submitted befor......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
....ments of the parties, the main question for decision is whether injunction should be granted in this case or not. 5. It appears that the learned Single Judge found that the plaintiffs have a prima facie case for temporary injunction as from the report of the Sanitary Inspector it appears t......of the parties, the main question for decision is whether injunction should be granted in this case or not. 5. It appears that the learned Single Judge found that the plaintiffs have a prima facie case for temporary injunction as from the report of the Sanitary Inspector it appears that th...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ..Category: Civil Law | Date: | Hits: 95
State Vs. MA Malik, 1995, 24 CLC (AD)
....o answers the second submission made on behalf of the State. The learned Judges after noticing the particular facts of the case observed: "Thus not only there is in our view good prima facie ground made out for grant of bail in respect of the offence alleged but also we are co......ers the second submission made on behalf of the State. The learned Judges after noticing the particular facts of the case observed: "Thus not only there is in our view good prima facie ground made out for grant of bail in respect of the offence alleged but also we are convince......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....ts as cited by the appellant. He has pointed out that the alleged act of false distribution of the relief goods had been done before the Minister came into the picture and has contended that this act prima facie constitutes criminal offence and that without evidence it cannot be determined whether t......cited by the appellant. He has pointed out that the alleged act of false distribution of the relief goods had been done before the Minister came into the picture and has contended that this act prima facie constitutes criminal offence and that without evidence it cannot be determined whether the all......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....ing complainant on 4-3-90 sent the case for judicial enquiry to Mr. Selim Reza, Magistrate, 2nd Class. After examining 5 witnesses Mr. Selim Reza submitted a report on 31-3-90 stating that he found a prima facie case against the respondent and returned the record to the Upazila Magistrate. 6. It ......mplainant on 4-3-90 sent the case for judicial enquiry to Mr. Selim Reza, Magistrate, 2nd Class. After examining 5 witnesses Mr. Selim Reza submitted a report on 31-3-90 stating that he found a prima facie case against the respondent and returned the record to the Upazila Magistrate. 6. It is at ......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....n of the Court of Small Causes. In order to decide whether a suit is one of a Small Cause Court nature or not, one has to refer to the allegations made in the plaint. If the allegations make out a ‘prima facie’ case which falls well within’ the cognizance of a Small Cause Court, it will be imm......he Court of Small Causes. In order to decide whether a suit is one of a Small Cause Court nature or not, one has to refer to the allegations made in the plaint. If the allegations make out a ‘prima facie’ case which falls well within’ the cognizance of a Small Cause Court, it will be immateria......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ld preliminary inquiries against the accused under section 202 of the Code of Criminal Procedure examining witnesses and then found that allegation against two of the accused were false and there was prima facie case against one and accordingly approached the appropriate authorities for according sa......liminary inquiries against the accused under section 202 of the Code of Criminal Procedure examining witnesses and then found that allegation against two of the accused were false and there was prima facie case against one and accordingly approached the appropriate authorities for according sanction......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
945940938937935932928923912905898894878862829816813807806797