Search Options
Judgment Advanced Search
Displaying 381-400 of 1543 results.
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....he High Court would not embark upon an enquiry... ......... ........That is the function of the trial Magistrate............". Since the allegation made in the F.I.R. on 13.4.84 discloses a prima facie case under section 407 of the Penal Code, we do not find that there is any abuse of......h Court would not embark upon an enquiry... ......... ........That is the function of the trial Magistrate............". Since the allegation made in the F.I.R. on 13.4.84 discloses a prima facie case under section 407 of the Penal Code, we do not find that there is any abuse of the p......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ...... which are of general application. Those dicta run as follows: "The general rule is expressed in the maxim "Nova Constitution futuris formam imponere debet non-practeritis", Prima facie any new law that is made affects future transactions, not past ones. Nevertheless, it is quite......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....ency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of the opinion that a prima face case was made out then he could have referred the case for an order of the High Court Div......aji and thereafter the Subdivisional Magistrate directed Mr. S. A. Chowdhury, Magistrate, to hold a judicial inquiry. Mr. Chowdhury submitted a report on completion of enquiry and stated that a prima facie case was made out against the opposite parties. Accordiagly the Subdivisional Magistrate ......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....gination to boggle when it comes to the inevitable corollaries of that state of affairs". 8. From the Law Lexicon it appears that the word ''deemed" generally means "taken prima facie to be", "taken conclusively to be", 'regarded to be", ' cons......on to boggle when it comes to the inevitable corollaries of that state of affairs". 8. From the Law Lexicon it appears that the word ''deemed" generally means "taken prima facie to be", "taken conclusively to be", 'regarded to be", ' considered......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....cuments created for the purpose of these Rules. The contemner has set up a palpably false and frivolous case to purge himself of the offence of contempt of Court. 26. We are, therefore, not prima facie satisfied about the bona fides of the contemner's defence. His alternative version h......;ments created for the purpose of these Rules. The contemner has set up a palpably false and frivolous case to purge himself of the offence of contempt of Court. 26. We are, therefore, not prima facie satisfied about the bona fides of the contemner's defence. His alternative version has no ...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....ing O.C. Suit No.77 of 1984. The plaintiff asserted that he is the elected President of the said Chamber since 1980 and the order has been passed illegally and in a mala fide manner and he has a good prima facie case for injunction and if in the meanwhile the order of injunction be not granted ......C. Suit No.77 of 1984. The plaintiff asserted that he is the elected President of the said Chamber since 1980 and the order has been passed illegally and in a mala fide manner and he has a good prima facie case for injunction and if in the meanwhile the order of injunction be not granted then h...... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....ence by the Courts below. 12. It is not a case of adverse possession and none fought but the suit on such an issue. Further, though an entry in khatian is not an evidence of title, it would be a prima facie evidence of possession. Possession is so recorded in the Government record in the name o......y the Courts below. 12. It is not a case of adverse possession and none fought but the suit on such an issue. Further, though an entry in khatian is not an evidence of title, it would be a prima facie evidence of possession. Possession is so recorded in the Government record in the name of defe...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......erstood the lame. Mr. S.M. Saleh Siddiqui, the learned advocate appearing on behalf of opposite party No.1, on the other hand, submits that as the plaintiff was a pardanashin illiterate woman a heavy onus lay upon the defendant-petitioner who has laid claim on the basis of the three disputed documen..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ...... on the other hand submits that defendant No. 1 as a bailee failed to discharge his duties in respect of the fact that they took proper measure for protection of the suit car. It is well settled that onus is on the bailee to show that missing, loss etc. happened because of the factors beyond the con..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....la ext.2 is undisputed and has also been proved. Plaintiffs claim of right on the remaining 4.10 lands though on the basis of an invalid document namely an unregistered deed or exchange has also been prima facie proved by adverse possession as have been held by the Munsif while the same possession h.......2 is undisputed and has also been proved. Plaintiffs claim of right on the remaining 4.10 lands though on the basis of an invalid document namely an unregistered deed or exchange has also been prima facie proved by adverse possession as have been held by the Munsif while the same possession has bee......669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....ncocted. 13. The two decisions referred to above have no application in the present case. There is also no reason to hold that on an examination of records the Government found that there was no prima-facie case against the accused persons. 14. We have already stated that there is nothing ......d. 13. The two decisions referred to above have no application in the present case. There is also no reason to hold that on an examination of records the Government found that there was no prima-facie case against the accused persons. 14. We have already stated that there is nothing to sho......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....s application for temporary injunction without being specific as to their ground of attack. As such it is only upon the affidavit-in-opposition filed by the respondents that the petitioners' primary attack has been directed and when in view of the said attack further documents were filed by...... thereafter regretting their non-acceptance the Board of Directors permitted Taiwa to transfer their shares in favour of Sigma International Inc. But it cannot be said at this stage with even a prima facie assurance that what the Board of Directors did was illegal or unwarranted. Article 2 of the Ca......ting of the Board of Directors in respect of the proceedings whereof minutes have been so made shall be deemed to have been duly, called and held, and all proceedings had thereat to have duly had The onus is on the petitioners to show that the minutes of proceedings are not correct and until the pet..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
.... 1980 (S.C.) 727, the Supreme Court of India has observed if it is proved that the purchase money came from a person other than the person in whose favour the property is transferred, the purchase is prima facie assumed to be for the benefit of the person who supplied the purchase money, unless ther......(S.C.) 727, the Supreme Court of India has observed if it is proved that the purchase money came from a person other than the person in whose favour the property is transferred, the purchase is prima facie assumed to be for the benefit of the person who supplied the purchase money, unless there is e......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ermanent injunction to the plaintiff title the final decision of the said Title Suit No. 27 of 1960. 7. In a lengthy appellate judgment the Court of appeal below found that the plaintiff has not prima facie title to the suit land and he has no possession of the suit land as well. He held that E......nt injunction to the plaintiff title the final decision of the said Title Suit No. 27 of 1960. 7. In a lengthy appellate judgment the Court of appeal below found that the plaintiff has not prima facie title to the suit land and he has no possession of the suit land as well. He held that Ext. 7,......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
.... function of the Court to examine the evidence on record and come to its own finding as to the genuineness of the case. As in the present case charge-sheet has been submitted holding that a prima facie case has been made out against the accused persons, we do not find any reason to quash t......shy;tion of the Court to examine the evidence on record and come to its own finding as to the genuineness of the case. As in the present case charge-sheet has been submitted holding that a prima facie case has been made out against the accused persons, we do not find any reason to quash the pro......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....eem to him to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if the applicant appears to be the person having "prima facie the best title thereto." That enquiry as to the best title or right to the debt of ...... him to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if the applicant appears to be the person having "prima facie the best title thereto." That enquiry as to the best title or right to the debt of the de...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....iff's and defendant's cartons are both of yellow colour on a red background. Prima facie the illiterate and unwary customers are not expected to distinguish between the two. He also held that prima facie the defendant's biscuits are colourable imitation of the registered Trade Mark under......d the defendant's carton. 5. In a short judgment the learned District Judge has held that the plaintiff's and defendant's cartons are both of yellow colour on a red background. Prima facie the illiterate and unwary customers are not expected to distinguish between the two. He also h......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107 ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)
....iff's and defendant's cartons are both of yellow colour on a red background. Prima facie the illiterate and unwary customers are not expected to distinguish between the two. He also held that prima facie the defendant's biscuits are colourable imitation of the registered Trade Mark ......d the defendant's carton. 5. In a short judgment the learned District Judge has held that the plaintiff's and defendant's cartons are both of yellow colour on a red background. Prima facie the illiterate and unwary customers are not expected to distinguish between the two. He also h......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290
Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......error of law in affirming the decree of the trial court. The presumptive possession of the plaintiffs in the land on proof of their title in the facts of the case would be sufficient to discharge the onus of proving possession because presumption is an inference as to existence of a fact from the ex..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....nal owner of the premises. Whether the accused petitioner has a subsisting interest in the premises in question or not, cannot ever be a question for the final adjudication of criminal Court. It is primarily, basically and fully a civil issue. If it is the combined, united and common stand of all ......escribing or asserting that the premises in question is an abandoned property, it does not become so and that the complainant has totally failed to substantiate his said allegation even for the prima facie consideration of this Court. The prolongation of the proceedings in such circumstances will ......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
94119148935990639064908592979415938792909291953595309418906590889532794094198497