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Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....r attention to the factual aspect of the case submits that the investigation officer during investigation considering the evidence of the victim as well as medical report and other evidences found no prima facie case against the accused persons and accordingly he submitted a final report in this cas......ntion to the factual aspect of the case submits that the investigation officer during investigation considering the evidence of the victim as well as medical report and other evidences found no prima facie case against the accused persons and accordingly he submitted a final report in this case and ......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
...., preparing its sketch map, index and recording of the statement of witnesses under section 161 of the Code of Criminal Procedure and ultimately of being charge-sheet against the accused having found prima facie case under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 18. In cross......aring its sketch map, index and recording of the statement of witnesses under section 161 of the Code of Criminal Procedure and ultimately of being charge-sheet against the accused having found prima facie case under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 18. In cross-exami......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)
....h Army Act as well but if the allegations contain the ingredients under the Nari-o-Shish Nirjatan Daman Ain, the informant's case before the tribunal cannot be stifled before trial, when there is a prima facie case for going for trial. With this regard reliance is being placed in the case of Noorj...... Act as well but if the allegations contain the ingredients under the Nari-o-Shish Nirjatan Daman Ain, the informant's case before the tribunal cannot be stifled before trial, when there is a prima facie case for going for trial. With this regard reliance is being placed in the case of Noorjahan B......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ..Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....Section 45 of the Bank Companies Act, 1991 attracts the purported reasons for issuance of the impugned orders and as such the impugned orders being issued without lawful authority, the petitioner has prima facie an arguable case and therefore, a Rule Nisi should be issued. 31. In reply to the s......n 45 of the Bank Companies Act, 1991 attracts the purported reasons for issuance of the impugned orders and as such the impugned orders being issued without lawful authority, the petitioner has prima facie an arguable case and therefore, a Rule Nisi should be issued. 31. In reply to the submiss......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......eral right of suit on aggrieved person except where the cognizance of the suit is barred either expressly or impliedly. A party seeking to curtail this general right of suit has to discharge the onus of establishing his right to do so and the law curtailing such general right has to be strictly..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......nges the correctness of certain fact must prove the allegation of the same or correctness of the said fact and that to prove that Kazi Golam Hossain was not Chairman of the defendant No.1 company the onus squarely lies on the defendant No.1 company to discharge such onus to that effect as they raise..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....n into consideration for quashing the proceeding under section 561A of the Code of Criminal Procedure. Evidently the complaint petition was filed well within the stipulated period by making out a prima-facie case to proceed under section 138 of the Negotiable Instruments Act, 1881. The principle...... consideration for quashing the proceeding under section 561A of the Code of Criminal Procedure. Evidently the complaint petition was filed well within the stipulated period by making out a prima-facie case to proceed under section 138 of the Negotiable Instruments Act, 1881. The principle for q......e trial Court shall proceed with the 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: 63 DLR (HD) (2011) 137. ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....bove, we do not find any merit in the submission of Mr. Meah Md. Kauser Alam, and we accept the submission of the learned Deputy Attorney-General. 10. Now looking at the petition of complaint it prima-facie appears that all the relevant facts as contemplated in sub-section (1) of section 138 of......we do not find any merit in the submission of Mr. Meah Md. Kauser Alam, and we accept the submission of the learned Deputy Attorney-General. 10. Now looking at the petition of complaint it prima-facie appears that all the relevant facts as contemplated in sub-section (1) of section 138 of the A...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
....e defence evidence. The section is based on the principle involved in the maxim "audi alteram paterm" namely that no one should be condemned unheard. The accused should be heard not merely on what is prima facie proved against him but also on every circumstances appearing in evidence against him. Th......nce evidence. The section is based on the principle involved in the maxim "audi alteram paterm" namely that no one should be condemned unheard. The accused should be heard not merely on what is prima facie proved against him but also on every circumstances appearing in evidence against him. Therefor...... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895...Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....he petitioner to the custody on 10-9-2004. The police took up the case for investigation and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having found prima-face case, the police submitted charge-sheet against the petitioner under sections 19A and 19(......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ...... consider this aspect of the matter and, as such, the impugned judgment and decree is liable to be set-aside. Mr. Mainuddin finally submits that since the defendant-petitioner denied the marriage the onus lies upon the plaintiff-respondent to prove marriage between them but the plaintiff-respondent ..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....t that time, she was abroad for medical treatment. However, after the lodgment of the ejahar with the concerned Police Station, the Anti-Corruption Commission investigated the case and having found a prima facie case, the Investigating Officer submitted charge-sheet against 13(thirteen) persons incl...... time, she was abroad for medical treatment. However, after the lodgment of the ejahar with the concerned Police Station, the Anti-Corruption Commission investigated the case and having found a prima facie case, the Investigating Officer submitted charge-sheet against 13(thirteen) persons including ......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....e is arbitrary, illegal and without lawful authority. We are of the view that since the goods in question are not ownerless any more as the same have been claimed by the petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership......rbitrary, illegal and without lawful authority. We are of the view that since the goods in question are not ownerless any more as the same have been claimed by the petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership of th......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....e is arbitrary, illegal and without lawful authority. We are of the view that since the goods in question are not ownerless any more as the same have been claimed by the petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership......rbitrary, illegal and without lawful authority. We are of the view that since the goods in question are not ownerless any more as the same have been claimed by the petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership of th......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....ncil. Besides, he is a businessman of repute. His bone of contention is that out of malice and ill-will the instant case was initiated against the petitioner only to harass him and the allegation was prima facie baseless and, as such, no action should be taken against the petitioner upon the admitte......he Anti-Corruption Commission Act 2004 and its relevant Rules asserting that the instant proceeding against the petitioner is absolutely without jurisdiction and without any lawful authority being ex facie illegal and the same should be declared illegal and without lawful authority and is of no lega......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....local people tried to settle the matter but no settlement could be arrived at, hence the delay in lodging FIR. 3. That, thereafter, the police duly investigated into the case, and having found a prima facie case against the accused, has submitted charge sheet, number 187 on 21-11-2004, under se......people tried to settle the matter but no settlement could be arrived at, hence the delay in lodging FIR. 3. That, thereafter, the police duly investigated into the case, and having found a prima facie case against the accused, has submitted charge sheet, number 187 on 21-11-2004, under section ......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55...Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......on 37 of the Act, 1991 and without finding any evasion of VAT under the provision of Section 37 of Act, 1991 the impugned order has been made directly under section 55(3) of the Act, 1991 which is ex facie illegal, arbitrary and capricious order and is liable to be declared to have been issued witho......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ...... the State contended that the High Court Division fell in an error in failing to consider that since victim Sheuli Begum died in the house of the accused-respondent as a result of the injuries, the onus lies upon her husband to explain the circumstance under which his wife succumbed to injurie..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......e fact that the prosecution has been able to prove the charges beyond reasonable doubt against them. It is further contended that the High Court Division committed a fundamental error in shifting the onus upon prosecution as to the cause of death of the victims disbelieving the prosecution case hold..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....ection 138 of the Act, against the accused Ferdous Khan, before the Chief Metropolitan Magistrate (Bandar Zone) Chittagong. Accordingly, the Magistrate has examined the complainant and having found a prima facie case he has taken cognizance of the case, where upon the CR Case No.107 of 2008 has been...... 138 of the Act, against the accused Ferdous Khan, before the Chief Metropolitan Magistrate (Bandar Zone) Chittagong. Accordingly, the Magistrate has examined the complainant and having found a prima facie case he has taken cognizance of the case, where upon the CR Case No.107 of 2008 has been regis......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
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