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Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 124
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....hmudur Rahman, the learned Advocate appearing for the opposite party Nos 1 and 4, submits that the appellate Court below has come to a finding or fact holding that the petitioner failed to prove a prima facie case with regard to his title and possession in the disputed properties and, as such, h...... Rahman, the learned Advocate appearing for the opposite party Nos 1 and 4, submits that the appellate Court below has come to a finding or fact holding that the petitioner failed to prove a prima facie case with regard to his title and possession in the disputed properties and, as such, his dec......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Golam Kader Vs. State, 1972, 1 CLC (HCD)
.... them at the police station. 4. A preliminary enquiry under Chapter XVIII of the Code of Criminal Procedure was held by a competent Magistrate, who having been satisfied that a prima facie case was made out, committed the accused appellants and two other co-accused (since acq......at the police station. 4. A preliminary enquiry under Chapter XVIII of the Code of Criminal Procedure was held by a competent Magistrate, who having been satisfied that a prima facie case was made out, committed the accused appellants and two other co-accused (since acquitted......e it was further observed that the court is to dispense justice in accordance with law and not according to moral conviction with regard to the occurrence. The strict requirement of law is that the onus lies upon the prosecution to prove its case beyond reasonable doubt. 13. We may now br..Category: Criminal Law | Date: | Hits: 59
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......e plaintiff appellant, submits that both the Courts below seriously erred in law in deciding the question of alleged self-acquired property of Raj Kumar Basak, inasmuch as they wrongly shifted the onus of proof as to the said acquisition of property on the plaintiff who discharged his initial on..Category: Property Law | Date: | Hits: 62
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......ase. 11. It is true that the medical insanity and legal insanity are not the same thing. The legal insanity as contemplated in section 84 PPC must be established by direct evidence in a case. The onus to prove the special plea of section 84 PPC lies on the accused. In order to get benefit of sec..Category: Criminal Law | Date: | Hits: 81
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......two doctors who formed a medical board, she was found to be about 18 years but the report of the radiologist which is more acceptable shows that the girl was about 16 years of age in May, 1997. Prime facie it appears that the victim girl is a minor (final determination will be made at the trial) and......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Emran Hossain Vs. State, 1999, 28 CLC (AD)
.... 2. It appears that the learned Judges of the High Court Division found that the trial of the case is continuing and some witnesses have been examined. The learned Judges also found no merit prima facie that arms were recovered from the possession of the petitioner. The learned Judges did ...... 2. It appears that the learned Judges of the High Court Division found that the trial of the case is continuing and some witnesses have been examined. The learned Judges also found no merit prima facie that arms were recovered from the possession of the petitioner. The learned Judges did not th......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....spondent- petitioners that Annexure-F is an independent notice after independent application of mind by the Board under Regulation No. 11 of the Regulations, 1977. The High Court Division held that prima facie Annexure-F was issued under the direction of the Government as per Annexure-D dated 21-......nt- petitioners that Annexure-F is an independent notice after independent application of mind by the Board under Regulation No. 11 of the Regulations, 1977. The High Court Division held that prima facie Annexure-F was issued under the direction of the Government as per Annexure-D dated 21-12-96 ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..Category: Constitutional Law | Date: | Hits: 155
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......f no legal effect. The writ petitioners need not have invoked the jurisdiction of the Court of Settlement because the very inclusion of the property in question in the “Kha” list is ex facie void for want of jurisdiction and is violative of Article 42 of the Constitution. The writ pe...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..Category: Property Law | Date: | Hits: 56
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....rest in the suit land in favour of her two daughters, Saleha Bibi and Hamida Bibi. Upon consideration of the entire materials on record the Assistant Judge found that the plaintiffs failed to prove prima facie title in the suit land and dismissed the suit. 5. The learned Subordinate Judg......n the suit land in favour of her two daughters, Saleha Bibi and Hamida Bibi. Upon consideration of the entire materials on record the Assistant Judge found that the plaintiffs failed to prove prima facie title in the suit land and dismissed the suit. 5. The learned Subordinate Judge as t...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....e prosecution should not be given a chance to fill up its lacuna by bringing new evidence which it did not or could not produce in the first trial. 13. Even if the Court finds that there is prima facie evidence for a fresh trial by a proper Court then also there may be consideration for ......cution should not be given a chance to fill up its lacuna by bringing new evidence which it did not or could not produce in the first trial. 13. Even if the Court finds that there is prima facie evidence for a fresh trial by a proper Court then also there may be consideration for which i......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......llant as already noticed, holding in the end of the judgment: So, the reporting by the contemner about the local Judicial Officers to the different agencies of the Government are ex facie illegal and for which he must pay. The reporting by the contemner to the authorities against...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......erious infirmity which has inevitably taken the order of detention out of the ambit of the section. Another ground of challenge urged on behalf of the petitioner is that the order of detention ex facie shows that the detenu was detained simply in the interest of public safety and the maintenan......inno rajnoitik jot , chtrojot o dol shomuhe birup protikkria shristi hoi.Shorbodolio chatro oikko jot Dhaka Bishhobiddaloy elakai obosthito ‘Oporajeo Bangla’er padodeshe akti shomabesh onushthan kore abong ukto shomabeshe apner bichar dabi koria Cantonment obhimukhe obhijane kormochu..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......as been enlisted as abandoned property the Government has no obligation either to deny the fact alleged by the claimant or to disclose the basis of treating the property as abandoned property. The onus is on the claimant to prove that the property is not an abandoned property. Drawing our attent..Category: Property Law | Date: | Hits: 64
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......abandonment under section 7 of the Ordinance it could not be said that forum did not offer an equally efficacious remedy. When inclusion of a property in the list of abandoned properties is not ex facie void, writ petition is not maintainable………………&hellip......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..Category: Property Law | Date: | Hits: 73
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... gonno hoibek.” So, this indicates that this is a document of sale and the stipulation as regards return of the land has not been admitted by the defence. In such a situation onus lies heavily on plaintiff to prove that the transaction is a mortgage. It is well settled that..Category: Property Law | Date: | Hits: 64
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
.... the highest court has the best opportunity to decide the matter of custody since all the facts are before the Court and the matter need not be made a subject of further proceeding. He submits that primary evidence being there that the girl is minor and that she is the victim of an offence, she ......and the charge sheet it is found that the victim girl is alleged to be a minor. The horoscope and the certificates from the school produced before us corroborate the fact of her minority and prima facie show that on the alleged date of incident, the girl was about 5 years of age. The accused has......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......learned Advocate for respondent No.1 submits that mere assertion that respondent No. 1 is not a Labourer but an officer working in the management cannot be a ground for rejection of the IRO case as onus lies heavily in the petitioner to prove that which they failed before the Labour Court. They ..Category: Labour and Industrial Law | Date: | Hits: 138
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......ity in its affidavit-in-opposition annexes rebuttal materials to show that the prevalent international market price of any particular item is approximate to the impugned tariff value, the question of onus fades into insignificance and the High Court Division is then free to decide on the basis of do..Category: Business or Commercial Law | Date: | Hits: 165
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....e criminal proceeding would be an abuse of the process of the Court. 5. The same grounds were urged before us as before the High Court Division. The charge other materials indicate that there is a prima facie case of criminal offence against the petitioners and other Again there is nothing in law......inal proceeding would be an abuse of the process of the Court. 5. The same grounds were urged before us as before the High Court Division. The charge other materials indicate that there is a prima facie case of criminal offence against the petitioners and other Again there is nothing in law precl......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
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