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Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....reasonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must in order to success establish a prima facie case. He cannot on failure to do so, take advantage of the weakness of his adversary's c......able and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must in order to success establish a prima facie case. He cannot on failure to do so, take advantage of the weakness of his adversary's case. H......f which the affirmative is capable. Moreover, it is but reasonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must in order to success establish a prima facie case. He cannot on failure to do..Category: Civil Law | Date: | Hits: 102
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....assage is reproduced herein:- "The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim therefore, is prima-facie apparent. Even otherwise it can be said that the act was done with the intention of caus...... is reproduced herein:- "The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim therefore, is prima-facie apparent. Even otherwise it can be said that the act was done with the intention of causing su......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ..Category: Criminal Law | Date: | Hits: 116
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......onal fiscal year which begins from 1st of July every year and ends on 30th June of the following year, the extension of lease in favour of respondent No.5 is unprecedented. The impugned order is ex‑facie, discriminatory, illegal, malafide and in colourable exercise of power by respondents 2 and 3 ......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
..
Category: Civil Law | Date: | Hits: 178
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
.... not apply to cases where the death has arisen, not from the negligent or rash mode of doing the act but from some result supervening upon the act which could not have been anticipated. A rash act is primarily an overhasty act, and is thus opposed to a deliberate act. Rashness and negligence are not......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......ar the prosecution has succeeded improving the allegation leveled against them. 37. The cardinal principle of Criminal jurisprudence as regard burden of proof are well settled namely, (i) that the onus lies affirmatively on the prosecution to prove its case beyond reasonable doubt and it cannot d..Category: Criminal Law | Date: | Hits: 119
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......espondent No.7 most collusively. 20. The above, he claims, only show how arbitrarily the respondents had acted, in violation of the equality clause of the Constitution making the impugned order ex facie discriminatory as it imposed unreasonable restriction. The petitioner was not allowed to submi......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209...Category: Others | Date: | Hits: 170
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....d is of no legal effect. The learned Counsels finally submitted that the impugned order is without lawful authority and unconstitutional being wholly arbitrary, unreasonable and mala fide and that no prima facie case envisaged by Rule 21 of the Rules having been found no immediate action by way of s......f no legal effect. The learned Counsels finally submitted that the impugned order is without lawful authority and unconstitutional being wholly arbitrary, unreasonable and mala fide and that no prima facie case envisaged by Rule 21 of the Rules having been found no immediate action by way of suspens......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ..Category: Administrative Law | Date: | Hits: 318
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
.... Police visited the place of occurrence, held inquest, sent the dead body to morgue for post mortem examination, seized alamats, prepared sketch map and index thereof, after due investigation finding prima facie case submitted charge‑sheet against the accused. 3. As many as 9 witnesses have bee......e visited the place of occurrence, held inquest, sent the dead body to morgue for post mortem examination, seized alamats, prepared sketch map and index thereof, after due investigation finding prima facie case submitted charge‑sheet against the accused. 3. As many as 9 witnesses have been exam......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...Category: Criminal Law | Date: | Hits: 97
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
.... plaintiffs riled the suit for permanent injunction. They also filed an application for temporary injunction. 3. The petitioners in their written objection contended that the plaintiffs had no prima facie case and the suit was barred under section 3 of the Companies Act; that the alleged tr......tiffs riled the suit for permanent injunction. They also filed an application for temporary injunction. 3. The petitioners in their written objection contended that the plaintiffs had no prima facie case and the suit was barred under section 3 of the Companies Act; that the alleged transfer......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ..Category: Civil Law | Date: | Hits: 147
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
.... 9. Mr. Abdul Malek learned senior counsel appearing with the Mr. S.M. Shahjahan for the opposite parties submits that the Court of appeal below on the proper assessment of evidence on record found a prima facie case in favour of the plaintiffs and allowed the appeal, and decreed the suit in favour ....... Abdul Malek learned senior counsel appearing with the Mr. S.M. Shahjahan for the opposite parties submits that the Court of appeal below on the proper assessment of evidence on record found a prima facie case in favour of the plaintiffs and allowed the appeal, and decreed the suit in favour of the......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ur under that Act, when suing for possession of the property, to produce a sale-certificate, but it was competent for him to prove his purchase aliunde. The confirmation of the sale in his favour was prima facie evidence of his title to the property, and was sufficient to pass such title to him, of ......er that Act, when suing for possession of the property, to produce a sale-certificate, but it was competent for him to prove his purchase aliunde. The confirmation of the sale in his favour was prima facie evidence of his title to the property, and was sufficient to pass such title to him, of which ...... lawful authority. 57. Defendant-Opposite party was required to lay proof in respect of loss of domicile of origin of Plaintiffs predecessors Krishna Chandra Basak, Kala Chand Basak and others and onus of proving that a citizen lost his domicile of origin and had chosen in substitution for the do..Category: Procedural Law | Date: | Hits: 108
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......pension was passed in violation of the provisions of National University Service Regulation by the Registrar-in-charge having no jurisdiction to issue the same. The impugned order of suspension is ex-facie illegal and void since no departmental case was started within 10 months from the date passing......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..Category: Employment/Service Law | Date: | Hits: 165
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....gated into the case, made inquest report of the dead bodies, examined the witnesses under section 161 CrPC, prepared a sketch map and index thereof and after due investigation into the case finding a prima facie case against the accused‑appellants and others submitted the charge‑sheet. Police al......into the case, made inquest report of the dead bodies, examined the witnesses under section 161 CrPC, prepared a sketch map and index thereof and after due investigation into the case finding a prima facie case against the accused‑appellants and others submitted the charge‑sheet. Police also got...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......tter of allotment was filed by the defendant it will not have any bearing on the merit of the suit. It was the definite case of the Government that the suit property is an abandoned property. So, the onus is upon the Government to prove that it is an abandoned property. We have perused the material ..Category: Property Law | Date: | Hits: 157
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......ific case of the opposite party No.2 being that market value of the case land was Tk.6,00,000.00 but he took loan of Tk.60,000.00 from the opposite party No.1 by giving the land mortgage to him, thus onus of proving the same was on him. But the Appellate Court below has committed an error of law res..Category: Property Law | Date: | Hits: 88
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....e of the Corporation and the photographs of the then Prime Minister and as such, the letter of termination was passed on just, fair and reasonable grounds.” These assertions made by the respondents prima facie prove that the order of termination of the petitioner from the service of the Corporatio......essary transfer and harassment of the staffs and employees of the Corporation, he was dismissed under the garb of termination and has received such a severe punishment. The order of termination is ex-facie illegal since the same does not disclose that the petitioner has been terminated by the decisi...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 156
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....rnaments amounting to Taka 84,600.00. The informant lodged the First Information Report on the same date i.e. 15‑3‑75 with the police station. Police investigated into the case and upon finding a prima facie case against the accused‑appellants and others submitted charge‑sheet. 3. 7 witne......ts amounting to Taka 84,600.00. The informant lodged the First Information Report on the same date i.e. 15‑3‑75 with the police station. Police investigated into the case and upon finding a prima facie case against the accused‑appellants and others submitted charge‑sheet. 3. 7 witnesses h......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457...Category: Criminal Law | Date: | Hits: 144
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......ediately after purchase vendor Shamshad Ali remain in possession of the case land and that after the pre-emptors proved that they had no knowledge of the transfer in question prior to 01.09.1994, the onus shifted on the pre-emptees to prove that the pre-emptors had earlier knowledge of the transfer ..Category: Property Law | Date: | Hits: 84
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
....y virtue of his membership of the company. Even if there were exceptions to the general rule that to establish a sufficient interest a fully paid shareholder had to show on the face of the petition a prima facie probability that there would be surplus assets available for distribution amongst the sh......ue of his membership of the company. Even if there were exceptions to the general rule that to establish a sufficient interest a fully paid shareholder had to show on the face of the petition a prima facie probability that there would be surplus assets available for distribution amongst the sharehol...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..Category: Company Law | Date: | Hits: 185
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......(1)(jha) provides that "appointing authority" means the Parishad and, as such, the respondent No. 1 has no authority to suspend the employee of the Parishad and the impugned order of suspension is ex facie illegal and of no legal effect. Thereafter, an inquiry was conducted by a one-man Enquiry Comm......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..Category: Employment/Service Law | Date: | Hits: 180
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....ill be looked down in the circle of his friends and before other members of the club. He further submits that the allegation has not been proved against the delinquent plaintiff petitioner who claims prima facie case and balance of convenience and inconvenience in his favour. 8. On the other hand...... looked down in the circle of his friends and before other members of the club. He further submits that the allegation has not been proved against the delinquent plaintiff petitioner who claims prima facie case and balance of convenience and inconvenience in his favour. 8. On the other hand, Mr. ......28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..Category: Civil Law | Date: | Hits: 110
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