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Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....of coming home after 4/5 months and he did not take care of her during those periods. As the plaintiff No.1 refused to pay the dowry the defendant No.1 tortured her physically and mentally. She was a primary teacher in a government school and joined in the service before her marriage. He did not giv......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......is born during the subsistence of marriage, the presumption is that the child was born in the wedlock, unless the person who denied the said fact proved that he had no cohabitation with his wife; the onus heavily lay upon him…………………………….(10) Section 112 of the Evidence Act, ..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....ion, it does not make the tanks part of the bazar. By use of water of the tanks no right whatsoever has been created in favour of the users. In our view plaintiffs have succeeded in establishing a prima facie case that the tanks are retainable khas tanks of the plaintiffs. Mr. J. R. Mudasir Ho......t does not make the tanks part of the bazar. By use of water of the tanks no right whatsoever has been created in favour of the users. In our view plaintiffs have succeeded in establishing a prima facie case that the tanks are retainable khas tanks of the plaintiffs. Mr. J. R. Mudasir Hossain ...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......titioners after taking us with the petition and the relevant annexures thereto mainly submits that the impugned order so far it relate to the petitioners involvement as a sister concern company is ex-facie illegal and without jurisdiction and allegation brought under section 202 of the Customs Act, ......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....nce, if any, at sufficient length to satisfy himself as to the veracity of the naraji petition and as to any points on which he is silent, or on which there may be doubt. If he finds that there is no prima facie reason to distrust and the facts constitute an offence under the law, it would be incumb......f any, at sufficient length to satisfy himself as to the veracity of the naraji petition and as to any points on which he is silent, or on which there may be doubt. If he finds that there is no prima facie reason to distrust and the facts constitute an offence under the law, it would be incumbent on......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..Category: Criminal Law | Date: | Hits: 138
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
...., Mr. Huq strenuously submitted that the vehicle was never transferred before sizure. 34. The issue which is now facing us for decision is whether or not the allegations as made in the FIR even if prima facie accepted to be correct and true would they disclose any offence under section 409 of the......Huq strenuously submitted that the vehicle was never transferred before sizure. 34. The issue which is now facing us for decision is whether or not the allegations as made in the FIR even if prima facie accepted to be correct and true would they disclose any offence under section 409 of the Penal......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......oods at the port of destination in good condition and that the carrier will be held responsible for the loss or damage to the goods which are in his care and custody. It was further held that initial onus is on the shipper to show that he delivered the goods in good condition and received the same i..Category: Limitation Law | Date: | Hits: 174
Abdul Quader Farazi Vs. Chief Election CommiÂssioner, Bangladesh & others, 1998, 27 CLC (HCD)
....sh poll on the ground of gigantic rigging as appeared from the UNO's report, finding that out of 94% votes cast in that centre, 99% of the votes went in favour of only one candidate and this position prima facie indicated rigging resulting into directing fresh polling in that centre. The High Court ......l on the ground of gigantic rigging as appeared from the UNO's report, finding that out of 94% votes cast in that centre, 99% of the votes went in favour of only one candidate and this position prima facie indicated rigging resulting into directing fresh polling in that centre. The High Court Divisi......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......rned Advocate appearing for the petitioner, at the end of the day, submits that in this case the decree-holder bank started the execution proceeding on the basis of the preliminary decree which is ex facie illegal. In deciding this question, we feel it necessary to reproduce the provision of sect......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..Category: Civil Law | Date: | Hits: 170
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......Appellant Vs. State ………………….Respondent Judgment March 2, 2008. Result: All the Criminal Appeals are allowed. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to establishment of charge against accused lies upon prosecutio..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
.... convey………………………….(40) It is a Rule of construction of Statutes that at the first instance the grammatical sense of the words is to be adhered to and the words of a Statue must prima-facie be given its ordinary meaning…………………..(41) In absence of any definition......y………………………….(40) It is a Rule of construction of Statutes that at the first instance the grammatical sense of the words is to be adhered to and the words of a Statue must prima-facie be given its ordinary meaning…………………..(41) In absence of any definition or me......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....ls on record.……………………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which is prima facie based on some documents of title of its vendor cannot be nullified as a forged document ......record.……………………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which is prima facie based on some documents of title of its vendor cannot be nullified as a forged document when t...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......ative value diminishes progressively with the lapse of time. The older the record the less is the presumption value. This is a matter, therefore, of proof and it merely has the effect of shifting the onus upon the other side. It is certainly not a conclusive proof."
46. During the hearing of the ..
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......il matter, the required standard of proof is 'satisfaction on a balance of probabilities. 64. It will appear from the above discussion that the submission of the return of election expenses was ex facie illegal. That allegation is therefore proved. There is clear violation of Articles 44AA(4), 44...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..Category: Election Law | Date: | Hits: 300
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
....itted into hospital there was a delay in lodging the FIR. The informant lodged the FIR on 14.10.2003 with Lakshimpur Police Station. Police started investigation of the case and after investigation a prima-facie case was found and charge sheet was submitted against the accused. 5. The case record......into hospital there was a delay in lodging the FIR. The informant lodged the FIR on 14.10.2003 with Lakshimpur Police Station. Police started investigation of the case and after investigation a prima-facie case was found and charge sheet was submitted against the accused. 5. The case record was s...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......o parentis to the students and may seriously undermine the authority which they claim to possess over the students placed in their charge." 48. Ms. Sara Hossain submits that in criminal cases, the onus is on the prosecution to prove its case beyond all reasonable doubts. She cites a few criminal ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......FC reported in 47 DLR 158. The error, he submitted, corrected earlier was subsequently committed by the learned District Judge on wrong proposition of law. The impugned order, according to him, is ex facie illegal in that it has sought to confer jurisdiction on a Court which has no jurisdiction conf......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....ning the complainant under section 200 of the Code of Criminal Procedure sent the matter to Upazila Samobay Officer for inquiry, who submitted an inquiry report on 13-3-2007 with the finding that no prima facie truth could befound out. However, on the basis of "naraji" petition, another inquiry was......the complainant under section 200 of the Code of Criminal Procedure sent the matter to Upazila Samobay Officer for inquiry, who submitted an inquiry report on 13-3-2007 with the finding that no prima facie truth could befound out. However, on the basis of "naraji" petition, another inquiry was prefe......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....fficient bank security to the satisfaction of the Court…………………………….(19) If the applicant can satisfy the above mentioned conditions and if the Court is satisfied; that he has prima facie case and he has prima facie ownership of the seized goods and the articles were seized f......nt bank security to the satisfaction of the Court…………………………….(19) If the applicant can satisfy the above mentioned conditions and if the Court is satisfied; that he has prima facie case and he has prima facie ownership of the seized goods and the articles were seized from hi......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
....m made by the petitioner. In reply to submission made by Mr. Rahim, the learned Advocate for the opposite party submits that the application under Order XXI, rule 58 of the Code does not disclose the prima facie title and possession of the petitioner in property under attachment and, as such, the le...... by the petitioner. In reply to submission made by Mr. Rahim, the learned Advocate for the opposite party submits that the application under Order XXI, rule 58 of the Code does not disclose the prima facie title and possession of the petitioner in property under attachment and, as such, the learned ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......quisition and Tenancy Act, 1951. It is urged by the learned Advocate that when the pre-empteeÂ-petitioners raised objection as to non‑impleading of necessary parties in their written objection the onus was on the preemptor‑opposite parties to rectify defect of parties by impleading all the nece..Category: Property Law | Date: | Hits: 155
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