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Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....be dismissed. The learned Munsif overruling the objection and allowed the pre-emption case with the following observation: "In view of my finding in the foregoing paras do not find any prima facie evidence to the effect that the said Aironnessa is a co-sharer of the holding. And these......missed. The learned Munsif overruling the objection and allowed the pre-emption case with the following observation: "In view of my finding in the foregoing paras do not find any prima facie evidence to the effect that the said Aironnessa is a co-sharer of the holding. And these are s......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... of power vested in him, functions mainly of managerial or administrative nature.” 17. As the issue regarding the maintainability of the applications under section 34 of the Ordinance primarily involves the re-consideration of the definition of'worker' as given in the Or......f any of the matter covered under the said Act. The main provision of the definition clause of a 'worker' as given in section 2(v) of the (Standing Orders) Act, of course, does not prima facie include a worker who has ceased to be in employment but if the provisions of section 25 a...... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....een held to be not tenants but only licensees Denning, L.J. further observes as follows:- “The result of all these cases is that, although a person who is let into exclusive possession is, prima facie, to be considered to be a tenant nevertheless he will not be held to be so if the circum......ld to be not tenants but only licensees Denning, L.J. further observes as follows:- “The result of all these cases is that, although a person who is let into exclusive possession is, prima facie, to be considered to be a tenant nevertheless he will not be held to be so if the circumstance......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......2, now repealed. It was stated that the Notifications dated 16.11 -65 have no relevancy in Bangladesh as it did not survive, moreover the said rule of seniority dated 16-11-65 was not proper being ex-facie discriminatory as it provided two standards for 'determining seniority-the seniority of an......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....e under the Code of Criminal Procedure could be exercised in either capacity according to necessity just because the records were before him."
8. In the present case, the F.I.R. discloses a prima facie offence under section 396 of the Penal Code coming within the mischief of the ......r the Code of Criminal Procedure could be exercised in either capacity according to necessity just because the records were before him."
8. In the present case, the F.I.R. discloses a prima facie offence under section 396 of the Penal Code coming within the mischief of the Specia...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
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Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......Home Affairs, Government of Bangladesh in Crim. Appeal No 5 of 1978 which was decided on 27th July, 1978 held that when the grounds of detention are disjunctively stated in the order, the order is ex facie illegal for non-application of mind. In the present case the grounds of detention have been di......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....fully paid-up share-holder was rejected with the following observation: “where a fully paid up share-holder petitioned for compulsory winding up, he must show on the face of the petition a prima facie probability that there would be a Surplus of assets available for distribution among sha......paid-up share-holder was rejected with the following observation: “where a fully paid up share-holder petitioned for compulsory winding up, he must show on the face of the petition a prima facie probability that there would be a Surplus of assets available for distribution among share-hol...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... should be quashed for the ends of justice. 5. Mr. S. M. Huq, the learned Advocate appearing on behalf of the complainant opposite party submitted that the complaint petitioner has established a prima fade case under section 406 B.P.C against the petitioners and the learned Magistrate...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....ar rents; that there was no evidence that defendant No. 9 was a benamdar of defendants 1 to 8; that the name of the auction-purchaser Hamid Ali Defendant No. 9, was recorded in the R.S. Khatian which prima facie proved his possession in the suit land; that the R. S. Khatian, Exts. D and D(1) were pr......ts; that there was no evidence that defendant No. 9 was a benamdar of defendants 1 to 8; that the name of the auction-purchaser Hamid Ali Defendant No. 9, was recorded in the R.S. Khatian which prima facie proved his possession in the suit land; that the R. S. Khatian, Exts. D and D(1) were prepared...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......ion of the opportunity of proving a valuable circumstantial evidences. 6. In the instant case I have noticed certain very significant or rather disquieting features. In the case of poisoning the onus clearly rests on the prosecution to prove that an article analyzed by the Chemical Examiner was..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....here is, therefore, no question as to interpretation of the Constitution the provisions of which regarding the election of President have still remained suspended. Again, when we do not find any prima facie case made out in these applications we do not see any reason to issue a certificate to f......s, therefore, no question as to interpretation of the Constitution the provisions of which regarding the election of President have still remained suspended. Again, when we do not find any prima facie case made out in these applications we do not see any reason to issue a certificate to file an......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......bative value diminishes progressively with the lapse of time. The older the record the less is its presumptive value. This is a matter therefore, of proof and it merely has the effect of shifting the onus upon the other side. If is certainly not a conclusive proof.” 9. The C.S. Khatian re..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
.... present relief which had been given in prayers A and B. 9. The Rule laid in Foss Vs. Harbottle is that the proper plaintiff in an action in respect of a wrong alleged to be done to a Company is prima facie a Company and whether the alleged wrong is a transaction which may be binding on the Com......nt relief which had been given in prayers A and B. 9. The Rule laid in Foss Vs. Harbottle is that the proper plaintiff in an action in respect of a wrong alleged to be done to a Company is prima facie a Company and whether the alleged wrong is a transaction which may be binding on the Company b......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......atisfied that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of no avail if the impugned order is ex-facie illegal or void being violative of any provision of the Constitution. We find that an alternat......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ......atisfied that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of no avail if the impugned order is ex-facie illegal or void being violative of any provision of the Constitution. We find that an alternat......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....tance when considered in the light of the facts and circumstances, of the instant case. On the contrary, facts disclosed before me in the petition and facts which were not disputed in the court below prima facie show that the mother cherished her job more than her children Moreover, for about a year......when considered in the light of the facts and circumstances, of the instant case. On the contrary, facts disclosed before me in the petition and facts which were not disputed in the court below prima facie show that the mother cherished her job more than her children Moreover, for about a year now b......tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208. ..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....n of the plaintiff that it would not be possible for him to take his witnesses to London and the arbitration proceeding would be virtually ex parte, cannot be ruled out as imaginary and appears to be prima facie genuine. 18. Having regard to these facts and circumstances and my discussion above......he plaintiff that it would not be possible for him to take his witnesses to London and the arbitration proceeding would be virtually ex parte, cannot be ruled out as imaginary and appears to be prima facie genuine. 18. Having regard to these facts and circumstances and my discussion above, I ho......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....at it was never the intention of the law-making authority to divest an individual enemy owner of his title in respect of his property lying in the territory of the hostile belligerent state. Its primary concern appears to have been that such property might not be used in a way which would be pr......annot be regarded as enemy property in any way. The lands of Khatians No.1441 and 1555 have been recorded in the names of persons other than the appellant, who does not appear to have prima facie any interest in the said lands. The lands of the remaining Khatians, however, as appear from t......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....t in raising any objection could not suffer any irreparable loss while the defendant-company is likely to be adversely affected by the temporary injunction, and the plaintiff has failed to make out a prima facie case of infringement of trade mark warranting an order of temporary injunction. 10.......aising any objection could not suffer any irreparable loss while the defendant-company is likely to be adversely affected by the temporary injunction, and the plaintiff has failed to make out a prima facie case of infringement of trade mark warranting an order of temporary injunction. 10. Mr. S...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....not be believed. The counter foils are produced by the landlord and if those counter foils maintained in the normal course of business, bear the names of the tenants but is enough that those receipts prima facie, establish the existence of tenants in those holding covered by the counter foils. Gover...... believed. The counter foils are produced by the landlord and if those counter foils maintained in the normal course of business, bear the names of the tenants but is enough that those receipts prima facie, establish the existence of tenants in those holding covered by the counter foils. Government ......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
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