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Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....The Code of Civil Procedure, 1908(V of 1908), Order VII, Rule 11 What is to be considered in rejecting a plaint? From averment in the plaint itself ground is to be found out, whether plaint prima facie is liable to be rejected as being barred under section 50 or 102 of the Waqf Ordinance........de of Civil Procedure, 1908(V of 1908), Order VII, Rule 11 What is to be considered in rejecting a plaint? From averment in the plaint itself ground is to be found out, whether plaint prima facie is liable to be rejected as being barred under section 50 or 102 of the Waqf Ordinance..............rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ...... land and was then dispossessed there from by the defendant. 26. Appellate Court at the outset wrongly approached the suit from a standpoint not sanctioned by law. He most erroneously placed the onus on the plaintiff to prove every fact including the fact that she did not execute and register t..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......ants resulting in miscarriage of justice and further submission that the High Court Division committed illegality in deciding the case in a causal and indifferent manner as the impugned judgment ex facie bears ample testimony of non‑application of judicial mind by the High Court Division to......and also the submission that the High Court Division erred in law in holding that the learned Subordinate Judge (now Joint District Judge), was not aware of the legal position as to on whom lay the onus of proof in a case of benami transaction though with little care could have found that t..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
....) till the disposal of the suit. It may be mentioned at the first instance the trial Court passed an order of ad interim injunction on January 3, 2001.
2. The suit was filed seeking relief primarily for a decree of total amount of Taka 70,18,17,737 against the defendant Nos. 1 and 2 sever......tration Act, 1940 for staying the proceeding of the suit.
7. The learned Joint District Judge after hearing the parties made the order of injunction upon observing that there is strong prima facie case for granting injunction and that the balance of convenience and inconvenience is in favou......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
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Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ...... neck below the above stated injury No.1 size 0.5" x 0.5" and one bruise 2" x 1" on right side of the back. In case of death of wife while she is in custody of her husband a heavy onus lies upon the husband to account for the death of the wife and husband has to explain as to how..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....ble upon final decision of any right in any suit or proceeding pending before any Court or Tribunal upon investigation of the case on its merit and more so, on coming to a definite decision regarding prima facie infringement of any secured right in order to protect the said right pending final decis......on final decision of any right in any suit or proceeding pending before any Court or Tribunal upon investigation of the case on its merit and more so, on coming to a definite decision regarding prima facie infringement of any secured right in order to protect the said right pending final decision. T...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
....d services calculated to satisfy human wants and wishes (not spiritual or religious but inclusive of material things or services geared to celestial bliss i.e. making on a large scale prasad or food) prima facie there is an industry in that enterprise.
(b) Absence of profit motive or gainful ob......ices calculated to satisfy human wants and wishes (not spiritual or religious but inclusive of material things or services geared to celestial bliss i.e. making on a large scale prasad or food) prima facie there is an industry in that enterprise.
(b) Absence of profit motive or gainful objectiv......s considered by the Supreme Court of India in the case of The Secretary, Madras Gymkhana Club Employees' Union Vs. The Management of the Gymkhana Club AIR 1968 SC 554. In that case, the claim of bonus by the employees of the Club was refused by the Industrial Tribunal, Madras. The Supreme Court ..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....the expression 'debt' has been used in several enactments in our country as well as in other Commonwealth countries. The definition of 'debt' as given in the Act contemplates that the primary right was to receive money or money's worth whether presently or in future and the corre......g up of Companies which have not paid their debts or which are unable to pay their debts. Therefore, it was observed by the Karnataka High Court that the first prerequisite must be to establish prima facie a debt against the respondent company. But when a claim or debt is disputed the proper forum f......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
.... 3. Pursuant to the first information report, the Raipur police has registered a case, held inquest on the dead body, sent the dead body to the morgue and after investigation of the case having found prima facie case submitted charge-sheet against the condemned prisoner and final report in favour of......rsuant to the first information report, the Raipur police has registered a case, held inquest on the dead body, sent the dead body to the morgue and after investigation of the case having found prima facie case submitted charge-sheet against the condemned prisoner and final report in favour of the o......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......he enquiry report he could easily pass an order for further enquiry on certain points with a view to arrive at the firm decision." 7. It appears that the Tribunal wrongly placed onus of proof to substantiate charge against the respondent contrary to the established principles o..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
.... Sub-Inspector of Police Md. Ataur Rahman performed incomplete investigation, recorded statements of eight (8) witnesses under section 161 of the Code. He inspected place of occurrence and on finding prima facie case against accused Anjuara Khatun laid charge-sheet under section 302 of the Penal Cod......nspector of Police Md. Ataur Rahman performed incomplete investigation, recorded statements of eight (8) witnesses under section 161 of the Code. He inspected place of occurrence and on finding prima facie case against accused Anjuara Khatun laid charge-sheet under section 302 of the Penal Code. ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... seized alamats from the place of occurrence, arrested the condemned prisoner, arranged for recording the confessional statement of the condemned-prisoner and after investigation, having found a prima facie case submitted charge-sheet against the condemned prisoner. The case record was eve......d alamats from the place of occurrence, arrested the condemned prisoner, arranged for recording the confessional statement of the condemned-prisoner and after investigation, having found a prima facie case submitted charge-sheet against the condemned prisoner. The case record was eventuall......is brought to a point where it becomes doubtful of the fact when or when it cannot possibly be held that the accused was not then of unsound mind and was capable of knowing the nature of the act, the onus under section 105 has to be taken as discharged for, by reason of the neutralisation of the for..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
.... the dead body and sent the dead body to the morgue for autopsy for ascertaining the cause of death. The police after receipt of the post‑mortem report and on examining some witnesses, having found prima facie case against the condemned prisoner and others submitted charge-sheet under section 11 (......ead body and sent the dead body to the morgue for autopsy for ascertaining the cause of death. The police after receipt of the post‑mortem report and on examining some witnesses, having found prima facie case against the condemned prisoner and others submitted charge-sheet under section 11 (ক) o......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
.... No.2 informant as petitioner filed a naraji petition which was allowed with a direction for holding judicial enquiry. The learned Magistrate after holding judicial inquiry submitted a report finding prima facie case against the accused petitioners under sections 315/316 of the Penal Code and on the......informant as petitioner filed a naraji petition which was allowed with a direction for holding judicial enquiry. The learned Magistrate after holding judicial inquiry submitted a report finding prima facie case against the accused petitioners under sections 315/316 of the Penal Code and on the basis......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....vert act or direct commission of the offence alleged is necessary bearing the factum of being responsible thereof for the conduct of its business. 21.Thus under section 24(2) of the Ordinance the primary responsibility/liability for the offences described in section 17 of the Ordinance, 1969 is ......ver, shall not pronounce a definite finding of guilt, which function shall be left to the trial Court. The word "sufficient ground for proceeding" do not mean sufficient grounds for conviction. Prima facie material is sufficient for forming an opinion as to the ground for proceeding against the accu......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
.... was further held in that case that the term "person aggrieved" should be liberally interpreted and that burden of a petitioner is not so onerous to prove himself to be aggrieved but if he, prima facie, shows that there exists similarity in the trade mark registered and his trade mark and ......urther held in that case that the term "person aggrieved" should be liberally interpreted and that burden of a petitioner is not so onerous to prove himself to be aggrieved but if he, prima facie, shows that there exists similarity in the trade mark registered and his trade mark and that t......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
.... informing the plaintiff, At this stage, they also took undue advantage of the sudden demise of Mr. Aminul Huq, the former Managing Director of the plaintiff Company. That the plaintiff has strong prima facie case against the fraud of the defendant Nos. 1 to 4 and approached the Court with clean......ming the plaintiff, At this stage, they also took undue advantage of the sudden demise of Mr. Aminul Huq, the former Managing Director of the plaintiff Company. That the plaintiff has strong prima facie case against the fraud of the defendant Nos. 1 to 4 and approached the Court with clean hands......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
.... land mutated in his name as far back as in the year 1990 and that he bad also been paying rent in respect thereof. All such particulars including the judgment and decree passed in the aforesaid suit prima facie go to show 1st party opposite party No.1 to be in specific possession of the disputed 0.......mutated in his name as far back as in the year 1990 and that he bad also been paying rent in respect thereof. All such particulars including the judgment and decree passed in the aforesaid suit prima facie go to show 1st party opposite party No.1 to be in specific possession of the disputed 0.1650 a......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....he Rule absolute. 15. The High Court Division, however, by impugned judgment and order dated 24th January 1998 while disposing of the revisional application for quashing held that: "Since prima facie it appears to us that the properties in question are the common properties and the auct......e absolute. 15. The High Court Division, however, by impugned judgment and order dated 24th January 1998 while disposing of the revisional application for quashing held that: "Since prima facie it appears to us that the properties in question are the common properties and the auction s......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......f Nos.2 and 3 but even then defendant did not care to pay any rent to the plaintiff Nos.2 and 3 and therefore, the trial Court rightly held that the defendant is a defaulter. He next submits that the onus is upon the defendant to state under what circumstances he made the payment before the House Re..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
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