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Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....easonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must in order to succeed, establish a prima facie case. He cannot, on failure to do so, take advantage of the weakness of his adversa......ble and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must in order to succeed, establish a prima facie case. He cannot, on failure to do so, take advantage of the weakness of his adversary'......nd not upon the party who denies it. Moreover it is but reasonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must in order to succeed, establish a prima facie case. He cannot, on failure to ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ......of Property Act were served upon the petitioners on 11-1-1997 and the petitioners were asked to vacate the suit shop house and deliver its possession to the opposite-parties by 31-1-1997 and it is ex facie clear that the petitioners got more than 15 days' prior notice as contemplated by law and ......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
....rned L.C. No.BG99003/TST/S dated 1.6.1999 and KW 230052 dated 4.6.1999 and the Annexure-F-2, Photo Copy of relevant pages of the Pass book confirming the Exports against the L/C in reference, we find prima facie proof of the use and export of the materials imported in due course and thus the allegat.......C. No.BG99003/TST/S dated 1.6.1999 and KW 230052 dated 4.6.1999 and the Annexure-F-2, Photo Copy of relevant pages of the Pass book confirming the Exports against the L/C in reference, we find prima facie proof of the use and export of the materials imported in due course and thus the allegation of......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
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Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....r justly and legally erred in taking opinion of the minor and imposing condition that if victim girl is not willing to go in the custody of the appellant she would remain in her safe custody which is prima-facie unwarranted misconceived and contrary to law and justice and as such not sustainable. Th......ly and legally erred in taking opinion of the minor and imposing condition that if victim girl is not willing to go in the custody of the appellant she would remain in her safe custody which is prima-facie unwarranted misconceived and contrary to law and justice and as such not sustainable. The lear......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....the connected facts and accordingly criminal
proceeding was also started against them. On perusal of the Enquiry Report and
the petition of complaint it appears that the Enquiry Committee finds a prima facie case of contraventions of
Sections 17(b), (c), (d) and e(vi) read with Section 18 of th......nnected facts and accordingly criminal
proceeding was also started against them. On perusal of the Enquiry Report and
the petition of complaint it appears that the Enquiry Committee finds a prima facie case of contraventions of
Sections 17(b), (c), (d) and e(vi) read with Section 18 of the Ordi......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......sed in violation of the provisions of National University Service Regulation by the Registrar-in-charge having no jurisdiction to issue the same. The impugned order of suspension is ex-facie illegal and void since no departmental case was started within 10 months from the date passing......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....w by collecting reliable evidence against them. We are perturbed and dissatisfied with the manner in which this case has been conducted by the prosecuting agency, for which, they deserve to be reprimanded and accordingly, they are reprimanded. 8. As we find inherent loopholes on the part o......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......cused person cannot be given unless the prosecution proves the case beyond shadow of doubt. The presumption of innocence of the accused remains in her favour until the prosecution discharges the onus of proving that the contraband articles have been recovered from her possession. Even in the li..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....der section 202 of the Code has no jurisdiction to weigh evidence in order to find out if prosecution had been able to prove the case. The scope of such enquiry is only to find out whether there is a prima-facie case....................(15) When enquiry Magistrate did not find the existence of p......ction 202 of the Code has no jurisdiction to weigh evidence in order to find out if prosecution had been able to prove the case. The scope of such enquiry is only to find out whether there is a prima-facie case....................(15) When enquiry Magistrate did not find the existence of prima-f......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......ion of respondent Nos. 1 and 2 are identical. Their case, in short, is that the 'exclusivity clause' of the Licence Agreement is against public policy and is, therefore, void. The writ petition is ex facie not maintainable for non-exhaustion of efficacious remedy of arbitration. The writ petitione...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......onger exist and in that view of the matter the learned Counsel submits that the land under requisition should be released by the authority to the original owners as the requisition is unlawful and ex facie illegal. Finally, he very empathically contends dint the government did not at all observe any......sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....r would suffer immense loss and that loss likely to suffer in case of an order of injunction would outweigh the loss that may be suffered by the party seeking injunction if not granted, that there is prima facie title or genuine claim of the party seeking- an order of injunction in the subject matte......d suffer immense loss and that loss likely to suffer in case of an order of injunction would outweigh the loss that may be suffered by the party seeking injunction if not granted, that there is prima facie title or genuine claim of the party seeking- an order of injunction in the subject matter of t......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......offence under section 6(5)(b) of the Muslim family Laws Ordinance,1961. 18. The cardinal principles of criminal jurisprudence as regard burden of proof are well settled namely, (i) that the onus lies affirmatively on the prosecution to prove its case beyond reasonable doubt and it cannot d..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....efendant-opposite party Nos.1-5 contested the application denying the material averments of the application and stating in their written objections in short, inter alia, that the plaintiff has no prima facie case, the balance of convenience and inconvenience is against him, that the restriction......nt-opposite party Nos.1-5 contested the application denying the material averments of the application and stating in their written objections in short, inter alia, that the plaintiff has no prima facie case, the balance of convenience and inconvenience is against him, that the restriction on ap......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....art of the defence to substantiate any plea taken by it does not necessarily prove the guilt of the accused. According to the settled principle of law, the burden to prove the guilt of the accused is primarily and principally upon the prosecution." In Aminullah Vs. State in Criminal A......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......ilufar had been killed in the house of convict appellant and convict-appellant was required to account for the cause of death of his wife Nilufar and convict-appellant failed to discharge the special onus upon him in proof of his innocence Plea of "alibi" adopted from side of convict-..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......dud Bhuiyan further submits that the Court of Settlement virtually acted as a Court of Appeal over the ex parte judgment and decree of the civil Court by making the aforementioned finding which is ex-facie illegal and without lawful authority, and consequently the impugned judgment and order of the ......as not an abandoned one and it has not vested in the Government under the PO No.16 of 1972 or that his right or interest in the building has not been affected by the provisions of that order. The onus, therefore, is squarely on the claimant of the building to prove that the building is not an ab..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....ation alleging, inter alia, the accused Muzaffar Hossain Sarker, has been appointed as Assistant Teacher in Monair Bari Primary School, under Matlab police station and later on he served in different primary schools in the same post. His educational qualification was SSC. In the year 1972, the accus......mation report, charges framed during trial, the evidence of witnesses as well as the impugn judgment and order. He further submits that the impugned judgment and order of conviction an sentence is ex facie illegal wrong, erroneous an bad in law as well as in fact. The learned Special Judge did not a......r did he use it for his mere proof that certain document is a forged one is not sufficient to establish the offence under this section, because no conclusion can be drawn from the document itself The onus to prove the existence of every ingredient of the charge always rests on the prosecution which ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....ment of acquittal on the basis of those materials without giving a thought that the only jurisdiction which the High Court Division has under section 561A of the Code of Criminal Procedure is whether prima facie there are materials admissible in evidence or relevant or can be relied upon or are suff......f acquittal on the basis of those materials without giving a thought that the only jurisdiction which the High Court Division has under section 561A of the Code of Criminal Procedure is whether prima facie there are materials admissible in evidence or relevant or can be relied upon or are sufficient...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....doned property in the 'Kha' list and the said list has been published in the official Gazette. 4. The case before the Court of Settlement was contested by the Government contending primarily that Sahera Khatun and her daughter Anwari Khatun were absent from Bangladesh and that the......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... of discharge of that burden by the official authority the claimant of the property is required to establish that the property is not an abandoned property, that the Court of Settlement misplaced the onus upon the petitioner (herein respondent No. 1) to prove that the whereabouts of the origin..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......alleged that without issuing any notice under Sub‑section (1) of section 3B of the said Act, 1952 as amended, no notice could be issued under sub‑section (3) and, as such, the impugned memo is ex facie illegal, as no notice under sub‑section (1) of section 3B was ever issued to the petitioners...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....report and or charge-sheet has been submitted against him is not sufficient to frame charge against him or to frame a charge mechanically. The object of law is to inquire into materials on record for prima facie satisfaction of the Court as to whether the accused shall be discharged on proceeded aga...... and or charge-sheet has been submitted against him is not sufficient to frame charge against him or to frame a charge mechanically. The object of law is to inquire into materials on record for prima facie satisfaction of the Court as to whether the accused shall be discharged on proceeded against s......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...Category: Women and Children | Date: 9 May, 2005 | Hits: 84
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