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Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....f shall be strictly proved, for burden of proof is often lightened by presumptions, admissions and estoppels. Primary onus of proof lies, in a civil proceeding, upon the plaintiff. In this case the primary onus had been discharged satisfactorily by the plaintiff. Then onus has shifted upon the d......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......hat the trial court having considered the evidence of P.Ws. and D.Ws. held that the plaintiff was able to prove her case and the defendants having admitted their signatures in the deed of agreement onus was shifted on them to prove their version of the case. 16. In the case of Jahed Ali Mondal ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....ned Advocate has tried to impress upon us that, in fact, a student of Class-VIII, in usual course, cannot be above 14/15 years of age. All the aforesaid documents, he submits, have clearly made out a prima facie case that she is a minor, a few months above 14 years of age. In his estimate the learne......vocate has tried to impress upon us that, in fact, a student of Class-VIII, in usual course, cannot be above 14/15 years of age. All the aforesaid documents, he submits, have clearly made out a prima facie case that she is a minor, a few months above 14 years of age. In his estimate the learned trib......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....t the trial and the plea of the petitioner is nothing but a defence plea and on the basis of such defence plea the criminal proceeding should not be stifled before the trial specially when there is a prima facie case for going for trial and further the trial of the case has already been concluded an......trial and the plea of the petitioner is nothing but a defence plea and on the basis of such defence plea the criminal proceeding should not be stifled before the trial specially when there is a prima facie case for going for trial and further the trial of the case has already been concluded and the ......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....he investigation, visited the place of occurrence, seized the alamats, prepared sketch-map with the index, and examined the witnesses under section 161 of the Code of Criminal Procedure and finding prima facie case against this convict and his father under sections 9(1) /30 of the Nari-o-Shishu ......estigation, visited the place of occurrence, seized the alamats, prepared sketch-map with the index, and examined the witnesses under section 161 of the Code of Criminal Procedure and finding prima facie case against this convict and his father under sections 9(1) /30 of the Nari-o-Shishu Nirjat......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
....tive Society Ordinance, 1984. The learned Counsel finally submits that there was no cause of action for this suit and the plaintiff did not prove the cause of action in his suit and there was no prima facie case for permanent injunction and as such the lower appellate court rightly and correctl......ociety Ordinance, 1984. The learned Counsel finally submits that there was no cause of action for this suit and the plaintiff did not prove the cause of action in his suit and there was no prima facie case for permanent injunction and as such the lower appellate court rightly and correctly reve...... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....d we appreciate this action as better late than never. 11. The age assessment hearing which took place on the specific direction of this Court was done satisfactorily and the age of Arifa has been prima-facie found to be above nine years. We may point out, at this juncture, that the local Union P......ppreciate this action as better late than never. 11. The age assessment hearing which took place on the specific direction of this Court was done satisfactorily and the age of Arifa has been prima-facie found to be above nine years. We may point out, at this juncture, that the local Union Parisha......y the Department of Social Services. With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....r. Khairul Alam Chowdhury in reply to the said submissions of Mr. Amirul Islam submitted that the very order passed by the learned District Judge impugned in the revision application having primafacie shown that he neither set aside the award nor refused to set aside the award under sub-se......airul Alam Chowdhury in reply to the said submissions of Mr. Amirul Islam submitted that the very order passed by the learned District Judge impugned in the revision application having primafacie shown that he neither set aside the award nor refused to set aside the award under sub-section...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......ose requirements as condition-precedent in granting fresh loan above Taka 10 lac to any borrower-company and, as such, granting such fresh loan as well as mortgaging of the schedule property is ex facie illegal from its very beginning and thereby it has ceased to create any legal authority over ......sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....mpowers the family court to pass any order as it deems fit, despite the fact that for such satisfaction of the court an element of "frustrating the purpose of the suit" should be available prima facie, before the court. Undoubtedly this frustrating element is a condition precedent for ......ers the family court to pass any order as it deems fit, despite the fact that for such satisfaction of the court an element of "frustrating the purpose of the suit" should be available prima facie, before the court. Undoubtedly this frustrating element is a condition precedent for invoki...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....rther the 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. 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 wh......the 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. 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 it......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....ion Ordinance, 1982 (Ordinance No. XXIX of 1982), ss. 23, 26 In case of misappropriation of money e.g. in cases involving the promise of sending someone abroad on employment, the allegation prima facie attracts the mischief of the Penal Code. The Special Court under The Emigration Ordin......dinance, 1982 (Ordinance No. XXIX of 1982), ss. 23, 26 In case of misappropriation of money e.g. in cases involving the promise of sending someone abroad on employment, the allegation prima facie attracts the mischief of the Penal Code. The Special Court under The Emigration Ordinance, ......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....record. Be that as it may, the proposition of law is now well settled that on the basis of the defence plea or materials, the criminal proceedings, should not be stifled before trial, when there is a prima-facie case for going to the trial. 12. In the case of Rahela Khatun Vs. Abul Hossain and ....... Be that as it may, the proposition of law is now well settled that on the basis of the defence plea or materials, the criminal proceedings, should not be stifled before trial, when there is a prima-facie case for going to the trial. 12. In the case of Rahela Khatun Vs. Abul Hossain and others....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....n the circumstances of the case." 20. A reading of the judgments passed in Title Appeal No.196 of 1984, Civil Revision 76 of 1987 and Civil Petition for Leave to Appeal No.297 of 1992 it is prima facie clear that the plaintiff's suit was dismissed as complicated questions of title......circumstances of the case." 20. A reading of the judgments passed in Title Appeal No.196 of 1984, Civil Revision 76 of 1987 and Civil Petition for Leave to Appeal No.297 of 1992 it is prima facie clear that the plaintiff's suit was dismissed as complicated questions of title were ......equired to prove all those facts. In support of the plaintiffs claim of title through auction purchase by Ali Ahmed they having filed the sale certificate and the writ of delivery of possession their onus was discharged. Further, as per the own admission of the defendants that Ali Ahmed disclos..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....terials on record including the plaint of the suit and then submits that the very nature of transaction between respondent No.2, National Bank Ltd. and the petitioner-company as made in the plaint prima-facie comes within the category of “ঋণ” (loan) as provided in section 2(kha) of the......s on record including the plaint of the suit and then submits that the very nature of transaction between respondent No.2, National Bank Ltd. and the petitioner-company as made in the plaint prima-facie comes within the category of “ঋণ” (loan) as provided in section 2(kha) of the Arth......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ...... system is the innocence of-the alleged accused who should be presumed to be innocent until the charges are proved beyond reasonable doubt on the basis of clear, cogent and credible evidence and that onus of proving everything essential to the establishment of charge against the accused lies upon th..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6....... system is the innocence of-the alleged accused who should be presumed to be innocent until the charges are proved beyond reasonable doubt on the basis of clear, cogent and credible evidence and that onus of proving everything essential to the establishment of charge against the accused lies upon th..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......n that calls for determination by this Court is as to whether the defendant-petitioners have been able to make out a case for transfer. It is now well settled that in an allegation for transfer heavy onus lies upon the petitioner to show that the allegation for transfer of the case/ suit is genuine ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......ner did not
take any steps to prove the bainanama
particularly the signature of the Mohammad Ali Sheikh as genuine. As the bainanama was produced and exhibited by
the pre-emptee-petitioner as such onus lies upon the pre-emptee-petitioner to
prove the genuineness of signature of Mohammad Ali by c..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....cused Jaibar Ali Fakir and Dulal Kazi as well as of prosecution witness Saleha Khatun (P.W. 5), the 2nd wife of deceased Meher Ali, under section 164 of the Code of Criminal Procedure (CrPC). Finding prima facie case against the accused persons, charge sheet dated 8-5-82 was submitted against the ac......Jaibar Ali Fakir and Dulal Kazi as well as of prosecution witness Saleha Khatun (P.W. 5), the 2nd wife of deceased Meher Ali, under section 164 of the Code of Criminal Procedure (CrPC). Finding prima facie case against the accused persons, charge sheet dated 8-5-82 was submitted against the accused ......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....used Jaibar Ali Fakir and Dulal Kazi as well as of prosecution witness Saleha Khatun (P.W.5), the 2nd wife of deceased Meher Ali, under section 164 of the Code of Criminal Procedure (Cr.P.C). Finding prima facie case against the accused persons, charge sheet dated 8.5.82 was submitted against the ac......aibar Ali Fakir and Dulal Kazi as well as of prosecution witness Saleha Khatun (P.W.5), the 2nd wife of deceased Meher Ali, under section 164 of the Code of Criminal Procedure (Cr.P.C). Finding prima facie case against the accused persons, charge sheet dated 8.5.82 was submitted against the accused ......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
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