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Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ned Additional Sessions Judge, Faridpur disposing of the said criminal motion rejected the same by his order dated 27-2-49 observing that when the evidence before the learned Magistrate shows no prima facie case against the present petitioner it was within the bounds of the learned Magistrate t......ditional Sessions Judge, Faridpur disposing of the said criminal motion rejected the same by his order dated 27-2-49 observing that when the evidence before the learned Magistrate shows no prima facie case against the present petitioner it was within the bounds of the learned Magistrate to disc......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....bject is only to preserve the status quo ante during the litigation. In the instant case, the plaintiff is claiming 1/3rd share in the disputed goods and he has produced some documents to establish a prima facie case. The goods are lying with the Chittagong Port authority and admittedly huge amount ......is only to preserve the status quo ante during the litigation. In the instant case, the plaintiff is claiming 1/3rd share in the disputed goods and he has produced some documents to establish a prima facie case. The goods are lying with the Chittagong Port authority and admittedly huge amount of dem......e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......ongst other grounds, mainly argued that the impugned order was passed without the approval and knowledge of the President of Bangladesh as required under the law and as such the impugned order was ex facie illegal. He has further argued at length on malafide and submitted that it was passed in colou......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....Government and scrutinize every page to find out what actually the facts were but in cases where any doubt arisen in our mind we do so and this is one such case. Although in making the statements the primary responsibility was of the deponent who is a responsible Government officer, the Government l......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......n these pleadings the parties fought out the suit. The court of first instance on a consideration of the evidence on record both oral and documentary came to the view that the defendant No. 1 had the onus to prove that the plaintiff was not the grand-son of Gour Majhi and he having failed to prove s..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
....7 gallons of oil to different places and as such 9,349 gallons of the said oil were to remain as balance but on verification of the store the said 9349 gallons of oil was not found and as such a prima facie case was established that the petitioner mis-appropriated the aforesaid 9,349 gallons of......ons of oil to different places and as such 9,349 gallons of the said oil were to remain as balance but on verification of the store the said 9349 gallons of oil was not found and as such a prima facie case was established that the petitioner mis-appropriated the aforesaid 9,349 gallons of oil. ...... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ......ility to the profession of law, have yet the discretion under Article 21(1)(d) of the Order either to allow or refuse the same and unless the exercise of that discretion by the Bar Council is ex-facie arbitrary, fanciful or malafide, the Court should be loath to interfere with such discretion. ......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....s of bad faith such as fraud, collusion, misrepresentation, impersonation, undue influence, absence of consideration rests on the person who asserts the same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was not so. A plaintiff ......ad faith such as fraud, collusion, misrepresentation, impersonation, undue influence, absence of consideration rests on the person who asserts the same and only after that burden was discharged prima facie the burden would shift on the other party to prove that it was not so. A plaintiff withou......failed to prove prima facie the plaintiff's case and hence the plaintiff's suit must fail. 4. The short points that arise for the disposal of this appeal are whether the plaintiff had an onus upon him to prove a prima facie case by producing the best evidence that is the document itself..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......
”Hence it is my opinion and view that mere single neglect of work is not a misconduct and in order to constitute misconduct 'neglect' also should be habitual. In the instant cases ex facie the charge is for negligence of duty and not for neglect of duty as it will appear from the. r....... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
....or with fine not exceeding Tk. 500/- or with both.”
31. Mr. Mainul Hosein submits that under article 11 no one is empowered to refuse entry to a Bangladeshi citizen into Bangladesh holding prima facie a valid passport. If non-compliance of rule 9(1) of the Passport Rule 1974 be regarded a......h fine not exceeding Tk. 500/- or with both.”
31. Mr. Mainul Hosein submits that under article 11 no one is empowered to refuse entry to a Bangladeshi citizen into Bangladesh holding prima facie a valid passport. If non-compliance of rule 9(1) of the Passport Rule 1974 be regarded as an o......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
....gent or deterrent enough for such glaring cases of wilful disobedience by a public servant. On being asked by the court for his opinion the learned Deputy Attorney General (Criminal) submitted that a prima facie case under section 217 of the Penal Code read with section 5(2) of A......r deterrent enough for such glaring cases of wilful disobedience by a public servant. On being asked by the court for his opinion the learned Deputy Attorney General (Criminal) submitted that a prima facie case under section 217 of the Penal Code read with section 5(2) of Act-II ......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....hwart its intention by failing to carry out its purposes. I do not regard a Minister's failure or refusal to give any reasons as a sufficient exclusion of the Court's surveillance. If all the prima facie reasons seem to point in favour of his taking a certain course to carry out the intentio......w of Article 150 of the Constitution the Act was to have effect notwithstanding any other provision of the Constitution Including Part III of the Constitution; (ii) Section 9(2) of the Act was not ex-facie discriminatory inasmuch as it has been made applicable to all government servants and it conta......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....ed 8-12-77 set aside the order of dismissal and directed further enquiry. In due course a Magistrate, 1st Class, held and enquiry, and in course of enquiry he examined some witnesses and found a prima-facie case against the petitioners and submitted his report to the Sub-divisional Magistrate, ......2-77 set aside the order of dismissal and directed further enquiry. In due course a Magistrate, 1st Class, held and enquiry, and in course of enquiry he examined some witnesses and found a prima-facie case against the petitioners and submitted his report to the Sub-divisional Magistrate, and th......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....against the defendants restraining them from interfering with plaintiffs, alleged possession of the suit land. In that suit, it was found that the plaintiffs had, not merely failed to make out a prima facie case of title to and possession of the suit land, but on their own averment the prima fa......t the defendants restraining them from interfering with plaintiffs, alleged possession of the suit land. In that suit, it was found that the plaintiffs had, not merely failed to make out a prima facie case of title to and possession of the suit land, but on their own averment the prima facie ca......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......r of attorney and that it was duly authenticated by the Magistrate. This is a matter of evidence. The person seeking to prove may take recourse to the relevant provisions of the law to discharge this onus of proof. 19. In this view of the matter, we allow the appeal and set aside the orders of ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ...... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ......en arrived at from a non-consideration of material evidences on record discussed above and is a mere surmise and is not based on any evidence. The learned Courts below appear to have put a very heavy onus upon the Opposite Parties (the petitioners here) to prove that the transaction was a benami tra..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
.... is attachable. It has been argued on behalf of the plaintiff that section 60 is no bar to attachment of the property in the letter of credit in question. Section 60 may not be bar, but unless a prima facie ownership of the property is determined, the saeme is not liable to be attached by ......tachable. It has been argued on behalf of the plaintiff that section 60 is no bar to attachment of the property in the letter of credit in question. Section 60 may not be bar, but unless a prima facie ownership of the property is determined, the saeme is not liable to be attached by an ord......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....an erroneous view of law and fact rejected petitioner's application. He has submitted that the suit being admittedly one under section 42 of the Specific Relief Act, the plaint must disclose prima facie that the plaintiff has a legal character to be declared in the suit. In other words, the......oneous view of law and fact rejected petitioner's application. He has submitted that the suit being admittedly one under section 42 of the Specific Relief Act, the plaint must disclose prima facie that the plaintiff has a legal character to be declared in the suit. In other words, the plain......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......s of joint family and acquisition during jointness of the family. In a case where the question is between two or more brothers of a Hindu-family living jointly having joint property, the initial onus is on the person who alleges jointness to show that there a joint family and there was a nucleu..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
...., Sections 19 & 23 F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and......ions 19 & 23 F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payme......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
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