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Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....so that defendant Nos.27 and 28 may not dispossess her from the suit property by putting the Execution Case No.8 of 1988 arising out of decree of the T.S No.206 of 1970." 12. After considering the prima facie case of the plaintiff on the basis of materials submitted before him and finding the b......t defendant Nos.27 and 28 may not dispossess her from the suit property by putting the Execution Case No.8 of 1988 arising out of decree of the T.S No.206 of 1970." 12. After considering the prima facie case of the plaintiff on the basis of materials submitted before him and finding the balance......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..Category: Civil Law | Date: | Hits: 205
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......lly, voluntarily and, the consideration has passed, which could not be proved by the defendants as legally and correctly has been found by the appellate Court as the last and final court of fact. The onus was upon the defendants according to the provision of sections 102, 103 & 104 of the Eviden..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....e already made written prayer for settlement of the suit land of the suit holding to them as landless agriculturists. Defendant prayed for dismissal of the suit contending that the plaintiffs have no prima facie title in respect of the entire suit land and also plaintiffs are not in possession. ......ady made written prayer for settlement of the suit land of the suit holding to them as landless agriculturists. Defendant prayed for dismissal of the suit contending that the plaintiffs have no prima facie title in respect of the entire suit land and also plaintiffs are not in possession. 7. F......Roman Law that possession is prima facie proof of ownership and, when therefore, a person is in possession of a property the presumption of ownership is highly in his favour and under section 110 the onus of proving that he is not the owner is on the person who asserts that he is not the owner.” ..Category: Property Law | Date: | Hits: 103
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....c. and examined some of the witnesses under section 161 of the Code of Criminal Procedure. Thereafter, he (P.W.11) also recorded statements of some witnesses under section 161 of the Code and finding prima-facie truth in the allegations submitted charge sheet against the appellant. He proved the sei...... examined some of the witnesses under section 161 of the Code of Criminal Procedure. Thereafter, he (P.W.11) also recorded statements of some witnesses under section 161 of the Code and finding prima-facie truth in the allegations submitted charge sheet against the appellant. He proved the seizure l......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......nsure attention of the Chairman of the Union Parishads to the responsibilities towards their Parishads, making them disqualified from seeking election for the office of Chairman of Upazila, is ex facie irrational and fanciful, in view of the fact that the Chairman of Union Parishads by virtue ......ngle out an individual or class, for discriminating and hostile legislation. The presumption in favour of the Legislature cannot in such a case be legitimately stretched so as to throw the impossible onus on the complainant to prove affirmatively that there are other individuals or class of indivi..
Category: Election Law | Date: | Hits: 391
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......ving been held by the authority to find out whether the petitioner is liable to be placed under suspension according to the provision of rule 13(A) of the Ordinance, the order of suspension is ex-facie illegal and can not be sustained. 9. Mr. Kaiseruddin Ahmed, the learned Deputy Attorne-Gene......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
.... one of the dacoits but after lodging the First Information Report on 21.9.98 he was transposed from the position of an accused to that of a witness. After due investigation into the case finding the prima facie case Police submitted charge‑sheet against the accused Lokman Miah. 4. In all 16 wi......f the dacoits but after lodging the First Information Report on 21.9.98 he was transposed from the position of an accused to that of a witness. After due investigation into the case finding the prima facie case Police submitted charge‑sheet against the accused Lokman Miah. 4. In all 16 witnesse......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
.... said plaintiffs 3-5 had no other remedy in the CPC excepting to make the application under section 151 CPC to redress their grievances. It is clear from the plaint itself that the plaintiff 3-5 have prima facie title in the suit land, so striking out of their names from plaint without hearing them ......plaintiffs 3-5 had no other remedy in the CPC excepting to make the application under section 151 CPC to redress their grievances. It is clear from the plaint itself that the plaintiff 3-5 have prima facie title in the suit land, so striking out of their names from plaint without hearing them is wro......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....f Mr. Justice Fazle Hossain Mohammad Habibur Rahman, J to be, based on more cogent reasons but observe that a writ matter in motion is always scrutinised by the Court and if the Court does not find a prima facie case for issuance of the Rule, the Court certainly would be at liberty to reject it summ......Justice Fazle Hossain Mohammad Habibur Rahman, J to be, based on more cogent reasons but observe that a writ matter in motion is always scrutinised by the Court and if the Court does not find a prima facie case for issuance of the Rule, the Court certainly would be at liberty to reject it summarily.......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....holding. The learned Small Cause Court Judge on consideration of the facts and circumstances of the case and the materials on record came to the following findings that: (1) the plaintiff has a prima facie title in the suit holding; (2) there exists the relationship of landlord and tenan......g. The learned Small Cause Court Judge on consideration of the facts and circumstances of the case and the materials on record came to the following findings that: (1) the plaintiff has a prima facie title in the suit holding; (2) there exists the relationship of landlord and tenant betw......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... President General Secretary. It would appear from the report of the committee, which is annexed as Annexure‑I to the affidavit‑in‑opposition of respondent No.4, that the committee did not even prima facie arrive at any finding that the petitioners or the bank management had committed any unfa......dent General Secretary. It would appear from the report of the committee, which is annexed as Annexure‑I to the affidavit‑in‑opposition of respondent No.4, that the committee did not even prima facie arrive at any finding that the petitioners or the bank management had committed any unfair lab...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....contested the suit by filing written statement denying the material allegations made in the plaint and contending, inter alia, that, the suit is not maintainable in the present form, that there is no prima facie and arguable case for the plaintiff for a decree of mandatory and prohibited injunction,......ted the suit by filing written statement denying the material allegations made in the plaint and contending, inter alia, that, the suit is not maintainable in the present form, that there is no prima facie and arguable case for the plaintiff for a decree of mandatory and prohibited injunction, etc. ......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....ge under sections 302/34 of the Penal Code has been framed against the accused persons including the petitioner on the basis of the statements of witnesses and other materials on record as there is a prima facie case for framing such charge. Prosecution will adduce evidence and defense will have eno......er sections 302/34 of the Penal Code has been framed against the accused persons including the petitioner on the basis of the statements of witnesses and other materials on record as there is a prima facie case for framing such charge. Prosecution will adduce evidence and defense will have enough op......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......upon a decision reported in 21 DLR W.P. (Lahore) 333 wherein it has been decided by their Lordships that when a subsequent transferee takes the plea of bonafide transfer for value without notice, the onus lies on him to prove that he had no notice of the previous agreement to sell and mere denial in..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....r police of Haimchar Police Station investigated the case and submitted charge-sheet on 10‑2‑2001 against the accused Shahjahan Mizi and Harun Mizi under section 302 of the Penal Code as a strong prima facie case was made out against them. Then the case was duly transmitted to the Court of learn......ce of Haimchar Police Station investigated the case and submitted charge-sheet on 10‑2‑2001 against the accused Shahjahan Mizi and Harun Mizi under section 302 of the Penal Code as a strong prima facie case was made out against them. Then the case was duly transmitted to the Court of learned Ses......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..Category: Procedural Law | Date: | Hits: 118
....hat the purpose of supply of gas in the brick-field under customer No.3380002 was সিরামিক ইট ও “রিফ্র্যাক্টরী সামগ্রী”—It, therefore, prima facie appears that the disputed brick-field under customer No.3380004 took gas supply for manu......e purpose of supply of gas in the brick-field under customer No.3380002 was সিরামিক ইট ও “রিফ্র্যাক্টরী সামগ্রী”—It, therefore, prima facie appears that the disputed brick-field under customer No.3380004 took gas supply for manufactur.......
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
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Category: Others | Date: | Hits: 227
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....orney‑General failed to cite any decision from any higher Court of the Subcontinent in support of his case on the delay in lodging the FIR. This delay seems to us as somewhat doubtful and fishy. If prima facie at all there was any recovery of unauthorised fire‑arms and ammunitions the case ought......General failed to cite any decision from any higher Court of the Subcontinent in support of his case on the delay in lodging the FIR. This delay seems to us as somewhat doubtful and fishy. If prima facie at all there was any recovery of unauthorised fire‑arms and ammunitions the case ought to ha......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189...Category: Criminal Law | Date: | Hits: 89
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ...... management under APO No.1 of 1972 under the second situation, the owners, directors, etc. have to show that they were available on the date of Notification "to control and manage" their concern. The onus is heavier in APO No.1 of 1972. The respondents submitted a number of representations to the au..Category: Property Law | Date: | Hits: 111
.... that the insurer knew about the nature of the articles and that those were packed in wooden cases. Thus this insurance policy, in the fact of the present case with the conditions attached raises a prima facie presumption that everything was done rightly between the parties. We further find from t......the insurer knew about the nature of the articles and that those were packed in wooden cases. Thus this insurance policy, in the fact of the present case with the conditions attached raises a prima facie presumption that everything was done rightly between the parties. We further find from the Bil......ond hand deems insufficiently packed. Therefore, the policy which was taken in the present case as per the Bill of Lading was sufficiently known to the insurer and this is really a matter wherein onus of proof lies upon the insurer to prove that the assured had failed to perform the duty of disc..
Category: Business or Commercial Law | Date: | Hits: 325
...., in view of para 1A, to review any order passed under para I on application, or suo motu, and on such review, confirm, vary, amend, or rescind such order. Although the word "may" occurs in para 1A prima facie indicating that this para did not cast any mandatory duty on the CMLA to review an ord......iew of para 1A, to review any order passed under para I on application, or suo motu, and on such review, confirm, vary, amend, or rescind such order. Although the word "may" occurs in para 1A prima facie indicating that this para did not cast any mandatory duty on the CMLA to review an order pas......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
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Category: Employment/Service Law | Date: | Hits: 209
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