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....and maintenance of services essential to the community and concluded pointedly by saying that:
“any activity which directly interferes with or threatens maintenance of the supplies of such primary necessities of life as food or cloth attracts the operation or section 3. The supply of......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......ly Mr. Latifur Rahman has relied on Criminal Misc. Case No.69/77 to which one of us were a party. The learned Advocate has relied on this decision specifically to substantiate his contention that the onus is upon the detaining authority u/s. 106 of the Evidence Act and they must bring the ..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......ed the title of Aftabuddin Sarkar, the plaintiff's predecessor and the entry in the C.S. Khatian having merely proved the possession of Faizuddin Haji, the defendants failed to discharge the onus of proof that Faizuddin Haji acquired title to the disputed land by a purchase of the same. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....and witness, oral or documentary, and after further enquiry, if any the Board shall determine if there are materials sufficient to come to the conclusion that the Government' servant concerned is prima facie guilty, of the charge or charges brought against him and, if it is so satisfied, it shal......tness, oral or documentary, and after further enquiry, if any the Board shall determine if there are materials sufficient to come to the conclusion that the Government' servant concerned is prima facie guilty, of the charge or charges brought against him and, if it is so satisfied, it shall dire......llegally, In this view of the matter the opinion is that there is no force in the argument of the learned Assistant Advocate General that the defendant could have adduced evidence if he so liked. The onus prima facie is on the prosecution and the analysis that has been made above on rules 1-4 clearl..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
.... provisions of the Code as well as of the Police Regulations, 1943 and also from judicial decisions that the police officer has got powers to resume investigation and submit the charge-sheet if the prima facie case transpires against the accused, although final report was earlier submitted in th......ions of the Code as well as of the Police Regulations, 1943 and also from judicial decisions that the police officer has got powers to resume investigation and submit the charge-sheet if the prima facie case transpires against the accused, although final report was earlier submitted in the case.......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....g in such capacity the petitioner received an order of suspension dated the 7th July, 1973 passed by the Chief Engineer, Building Directorate, Bangladesh Secretariat, alleging that the petitioner was prima facie found guilty of misconduct, corruption and dereliction of duties in connection with the ......uch capacity the petitioner received an order of suspension dated the 7th July, 1973 passed by the Chief Engineer, Building Directorate, Bangladesh Secretariat, alleging that the petitioner was prima facie found guilty of misconduct, corruption and dereliction of duties in connection with the constr......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......l Karim (21 D.L.R. SC. 1) unmistakably reiterate that satisfaction of the detaining authority when challenged must be proved and section 106 of the Evidence Act is at once attracted and the onus is upon the detaining authority to prove the material 'justification of detention'. To ..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....inant under section 200 of the Code of Criminal Procedure directed an enquiry under section 202 of the Code by a Magistrate, 2nd class, who after enquiry submitted a report that a prima facie case under sections 147, 448 and 380 of the Penal Code was made......under section 200 of the Code of Criminal Procedure directed an enquiry under section 202 of the Code by a Magistrate, 2nd class, who after enquiry submitted a report that a prima facie case under sections 147, 448 and 380 of the Penal Code was made out a......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
....n of this Court in the case of solicitor, Government of Bangladesh Vs. A.T. Mridha, reported in 26 D.L.R. 17. Mr. Chowdhury has also submitted that if after 9-2-74 the Police on investigation finds a prima facie case against the accused-petitioned, charge sheet cannot be submitted under P. O. 50/72 ......his Court in the case of solicitor, Government of Bangladesh Vs. A.T. Mridha, reported in 26 D.L.R. 17. Mr. Chowdhury has also submitted that if after 9-2-74 the Police on investigation finds a prima facie case against the accused-petitioned, charge sheet cannot be submitted under P. O. 50/72 and in......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561 ..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
....e of the bow-caps could not be overlooked. Lord Simands explained the rule of res ipsa loquitur in the following words:
The principle of res ipsa loquitur only shifts the onus of proof in that a prima facie case is assumed to be made out, throwing on the defendant the task of proving that he wa......he bow-caps could not be overlooked. Lord Simands explained the rule of res ipsa loquitur in the following words:
The principle of res ipsa loquitur only shifts the onus of proof in that a prima facie case is assumed to be made out, throwing on the defendant the task of proving that he was not ......nd the Operator in charge of the bow-caps could not be overlooked. Lord Simands explained the rule of res ipsa loquitur in the following words:
The principle of res ipsa loquitur only shifts the onus of proof in that a prima facie case is assumed to be made out, throwing on the defendant the ta..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....and void' The word 'void' in Osborn is 'of no legal effect,' 'nullity. That is also the ordinary meaning of the words null and void. I think, the words have been used in their primary sense. There are, of course, cases where word 'void' or expression 'null and voi......d Chancellor Viscount Simon in Noakes Vs. Doncaster Amalgamated Collieries Ltd. reported in 1940 A.C. 1014 at page 1022 observed: “The golden rule is that the words of a statute must prima facie be given their ordinary meaning. If the choice is between two interpretations, the narrower of......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....r after completing investigation submitted charge sheet against all the 3 accused under section 302 B.P.C. A competent magistrate of Comilla held the preliminary enquiry and after finding a prima facie case made out against the accused committed them to the; Court of Session to stand their......r completing investigation submitted charge sheet against all the 3 accused under section 302 B.P.C. A competent magistrate of Comilla held the preliminary enquiry and after finding a prima facie case made out against the accused committed them to the; Court of Session to stand their trial......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....erial facts and upon taking the view that it was a case under the president's order No.50 of 1972. According to the learned Counsel, the allegations on which the First Information Report was lodged prima facie made out a case under section 364 of the Penal Code and the charge-sheet was also submi......facts and upon taking the view that it was a case under the president's order No.50 of 1972. According to the learned Counsel, the allegations on which the First Information Report was lodged prima facie made out a case under section 364 of the Penal Code and the charge-sheet was also submitted f......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
.... view in the said case that it is not open to a citizen to waive his fundamental rights conferred by the Constitution while S.K. Das, J. in his dissenting view has held that when fundamental right is primarily intended for individual benefit, such a right can be waived and Chief Justice Das, Kapur, ......to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ......w. It may be mentioned that Mr. Justice Das delivered a separate judgment in Behram Khurshid's case A.I.R. 1955 (S.C.) 123 in expressing his disagreement with the majority view on the question of onus of proof and stating that Art. 13(1) did not in terms make the existing laws which we..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....tue of his purchase from his wife who acquired her title to this property in a revenue sale The decree obtained by respondent No. 1 Title Suit No. 190/68 in respect of this property still stands. So, prima facie, the title of the property vests in respondent No. 2. 5. Now, the case, of responde...... his purchase from his wife who acquired her title to this property in a revenue sale The decree obtained by respondent No. 1 Title Suit No. 190/68 in respect of this property still stands. So, prima facie, the title of the property vests in respondent No. 2. 5. Now, the case, of respondent No.......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
....udicial Committee, Division Bench of the Bombay High Court in the case of Bishweswar Narsabhatta Gaddnda Vs. Durgappa Irappa Bhatkhar in A.I.R. 1940 Bombay page 339 held that option of re-purchase in prima facie assignable though II may be so worded as to show that It was to be personal to grantee, ......l Committee, Division Bench of the Bombay High Court in the case of Bishweswar Narsabhatta Gaddnda Vs. Durgappa Irappa Bhatkhar in A.I.R. 1940 Bombay page 339 held that option of re-purchase in prima facie assignable though II may be so worded as to show that It was to be personal to grantee, and no...... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ere exercised on the defendant No. 1 in obtaining her signatures on the deed of agreement and the power of attorney and held, on that view of the matter, that the plaintiffs had failed to establish a prima facie case. The learned Subordinate Judge further held that by the deed of agreement in q......ercised on the defendant No. 1 in obtaining her signatures on the deed of agreement and the power of attorney and held, on that view of the matter, that the plaintiffs had failed to establish a prima facie case. The learned Subordinate Judge further held that by the deed of agreement in questio......ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....et against the 14 persons on 25.2.66. This was followed by a preliminary enquiry under Chapter XVIII of the Code of Criminal Procedure which was held by a competent Magistrate who having found that a prima facie case was made out against the accused persons committed all the 14 accused, including th......inst the 14 persons on 25.2.66. This was followed by a preliminary enquiry under Chapter XVIII of the Code of Criminal Procedure which was held by a competent Magistrate who having found that a prima facie case was made out against the accused persons committed all the 14 accused, including the 2 ap......eby set aside. We direct that the appellants be set at liberty forthwith if not wanted in connection with any other matter. Ed. This Case is also Reported in: 24 DLR (HCD) (1972)103 ..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....pect of the matter to which I think the attention of the Court of appeal below ought to have been drawn. Primarily onus, of course lies in the civil proceeding upon the plaintiff and in this case the primary onus has been discharged satisfactorily by the plaintiff, then onus has been shifted upon th......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ...... unsatisfactory and the same suffers from various error. 19. There is another aspect of the matter to which I think the attention of the Court of appeal below ought to have been drawn. Primarily onus, of course lies in the civil proceeding upon the plaintiff and in this case the primary onus ha..Category: Evidence Law | Date: | Hits: 6
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....e learned Magistrate did not come to any finding that the charge is groundless which expression in the said section 241A Cr.P.C. apparently means that he has to give reasons and find that there is no prima facie case warranting framing of the charge or charges. He has arbitrarily stated, exerci......ned Magistrate did not come to any finding that the charge is groundless which expression in the said section 241A Cr.P.C. apparently means that he has to give reasons and find that there is no prima facie case warranting framing of the charge or charges. He has arbitrarily stated, exercising h......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ..Category: Criminal Law | Date: | Hits: 1
....y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......erstood import of transaction and this burden lies only on the recipient of the deed but this burden was not discharged by defendant No.1. This protection given to pardanashin lady by special rule of onus is also extended to her legal heirs. Defendant No.1 also admitted that Kafiran Nessa was a pard..
Category: Evidence Law | Date: | Hits: 7
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