Search Options
Judgment Advanced Search
Displaying 141-160 of 1543 results.
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......he contract...............................(15) Whoever claims or has taken a plea that he is a subsequent purchaser of the property without notice to the previous contract for sale, the onus lies upon him to prove such fact. Mere denial in the written statement that he has no notice o..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
.... competent Court of jurisdiction and, as such, the Rule under section 561A of the Code of Criminal Procedure is a premature one. Besides, as she argues, that on a plain reading of FIR there reveals a prima-facie case as alleged against the accused-petitioner, the truth or otherwise of the same can o......tent Court of jurisdiction and, as such, the Rule under section 561A of the Code of Criminal Procedure is a premature one. Besides, as she argues, that on a plain reading of FIR there reveals a prima-facie case as alleged against the accused-petitioner, the truth or otherwise of the same can only be......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....s no legal bar against the initiation and continuation of the proceedings and, as such, the proceedings do not amount to an abuse of the process of the Court. We could safely presume that there is no prima facie ground and, as such, the application under section 561A of the Code of Criminal Procedur......egal bar against the initiation and continuation of the proceedings and, as such, the proceedings do not amount to an abuse of the process of the Court. We could safely presume that there is no prima facie ground and, as such, the application under section 561A of the Code of Criminal Procedure for ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......al along with Mr. Karunamoy Chakma, the learned Deputy Attorney General have appeared for the petitioners. Mr. Murad Reza has submitted mainly that the High Court Division has erred in law in putting onus upon the Government to prove that Ghulam Rabbani was present in this country during the liberat..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ation of witnesses and evidence, whether the allegation of false statement in the annual return of the company." In Writ Petition No.10171 of 2007, the High Court Division observed that there are prima facie allegations of forgery against the appellants and that the writ petition challenging th......of witnesses and evidence, whether the allegation of false statement in the annual return of the company." In Writ Petition No.10171 of 2007, the High Court Division observed that there are prima facie allegations of forgery against the appellants and that the writ petition challenging the case......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....hand, Billal Hossain, Sadaruddin, Robjel Hossain alias Robjel, Azizur Rahman, Yunus Ali, and Azim Uddin, the Police after investigation did not forward them in trial inasmuch there were no sufficient prima facie evidence against them. On appraisal of the aforesaid evidence of 42 witnesses I failed t......Billal Hossain, Sadaruddin, Robjel Hossain alias Robjel, Azizur Rahman, Yunus Ali, and Azim Uddin, the Police after investigation did not forward them in trial inasmuch there were no sufficient prima facie evidence against them. On appraisal of the aforesaid evidence of 42 witnesses I failed to disc......ty, not isolated secreting. when dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be taken into consideration. a) The onus of prating everything essential to the establishment of the charge against the accused this on ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....he removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.......oval of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. Th...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... learned Special Judge is to address the Chairman of the Durniti Daman Commission for sanction and if so addressed, the Commission under sub-rule (3) of rule of the Bidhimala will accord sanction. As prima-facie case under section 409 of the Penal Code has been made out against the petitioner, he mu......ed Special Judge is to address the Chairman of the Durniti Daman Commission for sanction and if so addressed, the Commission under sub-rule (3) of rule of the Bidhimala will accord sanction. As prima-facie case under section 409 of the Penal Code has been made out against the petitioner, he must be ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ledge of the transfer if no notice has been served under section 89 of the Act. When the pre-emptee in his written objection specifically pleaded that notice of transfer was given to the pre-emptor onus was squarely upon him to prove the same. Now let us see whether the pre-emptee proved the said ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Nazir Vs. State, 2011, 40 CLC (HCD)
.... of the Explosive Substances Act on 4-12-1998. 3. During investigation, the police recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having found prima-facie case, the police submitted charge-sheet No. 2090 dated 7-6-1999 against the petitio......e Explosive Substances Act on 4-12-1998. 3. During investigation, the police recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having found prima-facie case, the police submitted charge-sheet No. 2090 dated 7-6-1999 against the petitioner an...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....y whereas the insurance industries have not yet taken any steps towards de-classification of shares. He submitted that since its incorporation, the company has changed its shareholding structure primarily due to transfer and transmission of shares and listing of its shares in the stock exchange......t;. Mr. Karim then referred to section 31 of the Companies Act and submitted that a certificate under the common seal of the company specifying any share of stock held by any member shall be ex facie evidence of the title of the member to the shares. Mr. Karim then by referring to the consent ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......hority concern before accepting his resignation letter dated 22.07.2008. Despite the said position releasing the petitioner from service upon accepting his resignation letter dated 18.04.2007 is ex-facie without jurisdiction and since the impugned order dated 22.07.2008 (Annexure-Q) has been pas...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
.... who are co-accuseds in this case. As such, in this case, we find no ingredient of section 206 of the Penal Code. 11. We do not find any description either in the FIR or in the charge sheet that prima facie discloses that the petitioner has dishonestly earned crores of Taka or Tk. 50,00,000 (fi......re co-accuseds in this case. As such, in this case, we find no ingredient of section 206 of the Penal Code. 11. We do not find any description either in the FIR or in the charge sheet that prima facie discloses that the petitioner has dishonestly earned crores of Taka or Tk. 50,00,000 (fifty la......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
....to applications under Section 491 of the Criminal Procedure Code in Chapter XI of the Appellate Side Rules with suitable modifications where necessary.
“A reading of the Rules quoted above prima facie shows that every application under article 102 of the Constitution shall be in the form ......lications under Section 491 of the Criminal Procedure Code in Chapter XI of the Appellate Side Rules with suitable modifications where necessary.
“A reading of the Rules quoted above prima facie shows that every application under article 102 of the Constitution shall be in the form of a p......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......o, if the accused- petitioner is made liable for the debt or liability of her husband, that will go against the spirit of the mandate of Section 138(1) of the Negotiable Instruments Act. 11. Prima facie it appears from the facts and circumstances of the case that there are ingredients of cheating...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....Prevention of Corruption Act, 1947. 3. Thereafter, one Md. Talebur Rahman, Assistant Director of the Anti-Corruption Commission (ACC in brief) investigated into the case and he having found prima facie case, submitted against the petitioner a charge sheet No.80 dated 19-3-2008, under secti......tion of Corruption Act, 1947. 3. Thereafter, one Md. Talebur Rahman, Assistant Director of the Anti-Corruption Commission (ACC in brief) investigated into the case and he having found prima facie case, submitted against the petitioner a charge sheet No.80 dated 19-3-2008, under section 161....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
.... the Specific Relief Act. b) Referring to section 31 of the Company's Act he submitted that the name of the plaintiff still exists in the certificate of share and the said certificate is the prima facie evidence of the title of the plaintiff. c) Referring to section 34 of the Comp......pecific Relief Act. b) Referring to section 31 of the Company's Act he submitted that the name of the plaintiff still exists in the certificate of share and the said certificate is the prima facie evidence of the title of the plaintiff. c) Referring to section 34 of the Company......ying with the custody of defendant Bank. (i) The defendant Bank gave dividend to the plaintiff for the financial year 1986-87, 1987-1988 an amount of Taka 1,82,082. The plaintiff was given 7585 bonus shares on 20-12-2001 bearing certificate No.18909. (j) The defendant No.1 on receipt of th..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
.... principles which must be remembered. As ready reference we may refer to a decision, reported in AIR 1984 (SC) 372 Bhagirath-sinh Judeja Vs. State: Wherein it has been held that- "If there is no prima facie case there is no question of considering other circumstances. But even where a prima fac......iples which must be remembered. As ready reference we may refer to a decision, reported in AIR 1984 (SC) 372 Bhagirath-sinh Judeja Vs. State: Wherein it has been held that- "If there is no prima facie case there is no question of considering other circumstances. But even where a prima facie cas......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....to Babuganj Police Station Case No.6 dated 24.4.1995. The police, after investigation submitted charge sheet on 11.7.1995 against the appellants and three others and proposed release of another as no prima-facie case was found against him. The case after being ready for trial, was sent to the Nari-o......uganj Police Station Case No.6 dated 24.4.1995. The police, after investigation submitted charge sheet on 11.7.1995 against the appellants and three others and proposed release of another as no prima-facie case was found against him. The case after being ready for trial, was sent to the Nari-o-Shish......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....riminal Procedure, interrogated the accused Md. Atiqullah Khan Masud, taking approval from the Court and seized the alamots. After concluding the investigation, the investigating officer having found prima-facie case against the appellant along with Md. Atiq Ullah Khan Masud, submitted charge-sheet ......l Procedure, interrogated the accused Md. Atiqullah Khan Masud, taking approval from the Court and seized the alamots. After concluding the investigation, the investigating officer having found prima-facie case against the appellant along with Md. Atiq Ullah Khan Masud, submitted charge-sheet under ......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
85457616850369468547876685128378801388168818856273298867584475278827753966168901