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....1 obviously refers to the original of the kabala furnished before this Court executed by Duraram Upadhyaya. The petitioner has also appended to this affidavit‑in‑reply Annexures I, J, and K which prima facie bear out that the petitioner had established Flour Mills upon the land in plot 6436.
......ously refers to the original of the kabala furnished before this Court executed by Duraram Upadhyaya. The petitioner has also appended to this affidavit‑in‑reply Annexures I, J, and K which prima facie bear out that the petitioner had established Flour Mills upon the land in plot 6436.
16. ......perty is liable for eviction and before any action is taken towards that end, it must be established that he is an unauthorised occupant. Thelearned Advocate for the petitioner has submitted that the onus to prove that the occupant is in unauthorised occupation is upon the respondent Nos. 1 and 2. I..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....C) 244, and Fakruddin Vs. Md. Khoda Baksh reported in 29 DLR (SC) 268. The opinions expressed in those cases are that the revisional jurisdiction under section 115 of the CivilProcedure Code is meant primarily for correcting errors made by the Subordinate courts passed in exercise of their jurisdict......lved in two cases are different and distinguishable. Mr. Dastagir could not place before us any authority toshow in support of his contention that oral contract for sale of immovable property is ex‑facie invalid and not enforceable in law and for that matter court’s jurisdiction is barred to the......d others Vs. Thugirala Venkateswaria, reported in 2 DLR (PC) 83. Fromthe reading of this decision it becomes clear that where no difficulty arises in arriving at a conclusion, the question respecting onus recedes to the background but where court finds it difficult to make up its mind the question c..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....petitioner is liable for the violation of the rules. As the violation of the aforesaid rule has been made punishable under section 23 of the Arms Act, it cannot be said at this stage that there is no prima facie case against the petitioner. 15. The learned Attorney‑General and the learned Adv......oner is liable for the violation of the rules. As the violation of the aforesaid rule has been made punishable under section 23 of the Arms Act, it cannot be said at this stage that there is no prima facie case against the petitioner. 15. The learned Attorney‑General and the learned Advocate ......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....ported in 42 DLR 79 a Division Branch comprising of Fazal Hossain Mohammad Habibur Rahman, and Mahmudul Amin Chowdhury JJ observed as follows: "In the present case it has been stated above that prima facie at this state we take the view that she is a minor aged about 17 years born on 11.9.71. ...... in 42 DLR 79 a Division Branch comprising of Fazal Hossain Mohammad Habibur Rahman, and Mahmudul Amin Chowdhury JJ observed as follows: "In the present case it has been stated above that prima facie at this state we take the view that she is a minor aged about 17 years born on 11.9.71. This v...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....re in handling the coal could have retained the original size, any such case of negligent handling in loading and unloading is not regulated by the terms of the contract. 31. We do not find that prima facie any fraud has been committed by the seller in supplying any unspecified goods at the por......handling the coal could have retained the original size, any such case of negligent handling in loading and unloading is not regulated by the terms of the contract. 31. We do not find that prima facie any fraud has been committed by the seller in supplying any unspecified goods at the port of u...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......r of the company having sold his entire shareholding 1000 shares in the company to Mr. Md. Humayun Kabir of 18 CWS(C) South Avenue, Gulshan, Dhaka effective from 20.8.89. It is further stated that ex facie it appears that the petitioner has no cause of action and that being a stranger he is praying ...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....he Government has, by contract, express or implied, or under the rules, the right to terminate the employment at any time, then such termination in the manner provided by the contract or the rules is prima facie and per se, not a punishment and does not attract the provisions of Art. 311." ......ernment has, by contract, express or implied, or under the rules, the right to terminate the employment at any time, then such termination in the manner provided by the contract or the rules is prima facie and per se, not a punishment and does not attract the provisions of Art. 311." 12......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....tatives in the Village Court the plaint cannot be rejected. To determine the truth of this allegation, evidence in necessary and this can be available only in the course of trial of the suit which is prima facie maintainable. Cases Referred to- Rafiqul Alam vs. Mostafa Kamal and others, 4......s in the Village Court the plaint cannot be rejected. To determine the truth of this allegation, evidence in necessary and this can be available only in the course of trial of the suit which is prima facie maintainable. Cases Referred to- Rafiqul Alam vs. Mostafa Kamal and others, 42 DLR ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....afide just to put pressure upon the respondents. 4. The learned Company Judge after hearing the parties and considering the affidavits and counter‑affidavits filed in these cases, held that no prima facie case was made out for winding up of the companies and consequently disposed of the appli......just to put pressure upon the respondents. 4. The learned Company Judge after hearing the parties and considering the affidavits and counter‑affidavits filed in these cases, held that no prima facie case was made out for winding up of the companies and consequently disposed of the application......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....of which on completion of investigation the police submitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs. The State referred. No prima facie can be based on suspicion. 28 DLR (AD) 38 and 27 DLR (AD) 29 cited. In the fir......ch on completion of investigation the police submitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs. The State referred. No prima facie can be based on suspicion. 28 DLR (AD) 38 and 27 DLR (AD) 29 cited. In the first cas......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
.... 38 of the Companies Act for correction of the Company's share‑register. The share register is maintained under section 40 of the Companies Act and it is said therein that the register shall be prima facie evidence of any matter directed or authorised by the Act to be inserted therein. The lea...... the Companies Act for correction of the Company's share‑register. The share register is maintained under section 40 of the Companies Act and it is said therein that the register shall be prima facie evidence of any matter directed or authorised by the Act to be inserted therein. The learned C......ent of law, sec.21 of Evidence Act, is substantive evidence, and if it is clearly and unequivocally made then it is the best evidence against the party making it and though not conclusive, shifts die onus on to its maker. He has referred to a decision in the case of Thiru John Vs. Subramanyan, AIR 1..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....lakhs instead of Taka 12 lakhs and that he did not fulfill the said agreement and contrarily issued a false cheque for Taka 2 lakhs which was dishonoured. 10. So on our reading of the FIR we are prima facie satisfied that there were allegations of offence of cheating and forgery though we have ......instead of Taka 12 lakhs and that he did not fulfill the said agreement and contrarily issued a false cheque for Taka 2 lakhs which was dishonoured. 10. So on our reading of the FIR we are prima facie satisfied that there were allegations of offence of cheating and forgery though we have no sco...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....e State and the informant contested the appeal on common grounds. It is contended that the land and the parties of the Civil Suit and those of the criminal proceeding are not identical, and that as a prima facie case has been made out in the charge-sheet and PW 1 has already been examined the instan......e and the informant contested the appeal on common grounds. It is contended that the land and the parties of the Civil Suit and those of the criminal proceeding are not identical, and that as a prima facie case has been made out in the charge-sheet and PW 1 has already been examined the instant crim......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......ubt about the genuineness of the document produced. The court may also reject the document where Party does not explain adequately any inordinate delay in producing it. 10. At the first instance onus is on the petitioner to give sufficient reason for non production of the document at the requir..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
....arayanganj showing that she was married to accused Md. Shahidul Islam on 19.6.88. The Sessions Judge, Narayanganj instead of allowing the Magistrate to take a view first himself on 18.7.88 took the prima-facie view that if her date of birth is 11th September, 1971 as recorded in her school, then s......ganj showing that she was married to accused Md. Shahidul Islam on 19.6.88. The Sessions Judge, Narayanganj instead of allowing the Magistrate to take a view first himself on 18.7.88 took the prima-facie view that if her date of birth is 11th September, 1971 as recorded in her school, then she is ......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......J, disapproved the Government's action in serving the detenu with a fresh order during the pendency of the proceeding and declared the earlier order as illegal, but as the fresh order appeared ex-facie to be a good one, following the ruling in Basanta Chandra's case, refused to release ......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
.... F.I.R. The facts of the case do not come under purview of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. On perusal of the F.I.R. C/S and other connected papers I find that there is no prima facie case to frame charge against the accused. No case at all made out by the prosecution. He....... The facts of the case do not come under purview of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. On perusal of the F.I.R. C/S and other connected papers I find that there is no prima facie case to frame charge against the accused. No case at all made out by the prosecution. Hence or......appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161...Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......ght on record as co-plaintiff.
20. Now I pass on to the merit of the case. The learned Advocate for the petitioner has contended that the learned Additional District Judge has wrongly placed the onus of proof. A perusal of the judgment of the learned Additional District Judge shows that the onu..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....he drawer at the time the cheque is issued is a material test and if it appears from the circumstances of the drawer that he did not expect that the cheque would be cashed in normal case, it would be prima facie proof of the intention to cheat". In the present case we have no scope to find eith......wer at the time the cheque is issued is a material test and if it appears from the circumstances of the drawer that he did not expect that the cheque would be cashed in normal case, it would be prima facie proof of the intention to cheat". In the present case we have no scope to find either fro......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....ters' list Mere listing of dead and absentee persons and mere production of a list certified by a person who does not officially maintain the voters' list are not good enough to discharge the prima facie burden. P.Ws.2-5 have specifically named some of their relations who were dead or a......39; list Mere listing of dead and absentee persons and mere production of a list certified by a person who does not officially maintain the voters' list are not good enough to discharge the prima facie burden. P.Ws.2-5 have specifically named some of their relations who were dead or absent ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
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