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....endants for payment and secondly whether the time mentioned therein is the essence of contract. Though the fate of this appeal is not very much dependent on the answer to these two questions, still a prima facie view may be taken of them. As regards the time being the essence of the Contract, the cl......s for payment and secondly whether the time mentioned therein is the essence of contract. Though the fate of this appeal is not very much dependent on the answer to these two questions, still a prima facie view may be taken of them. As regards the time being the essence of the Contract, the clause c...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
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Category: Alternative Dispute Resolution | Date: | Hits: 161
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....w, held that the alleged statement against the learned Advocate made in the written statement in Case No.757 of 1978 having not been heard and decided by that Court yet the petitioner would have no prima facie case under section 500 of the Penal Code, which would arise if the opposite parties fa......d that the alleged statement against the learned Advocate made in the written statement in Case No.757 of 1978 having not been heard and decided by that Court yet the petitioner would have no prima facie case under section 500 of the Penal Code, which would arise if the opposite parties fail to ......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....resh wherein it was renumbered as Other Class Suit No.96 of 1987. After hearing, the learned Senior Assistant Judge, on consideration of the evidence on record, found that the plaintiffs proved their prima facie title and also possession in the suit land. The learned Judge also found that the suit l......herein it was renumbered as Other Class Suit No.96 of 1987. After hearing, the learned Senior Assistant Judge, on consideration of the evidence on record, found that the plaintiffs proved their prima facie title and also possession in the suit land. The learned Judge also found that the suit land ha......of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ..Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... period from 2.1.91 and defendant No.11 having been placed in possession of those stalls and Buffet car, Restaurant Car and Refreshment Room and he was running those as such, the plaintiff has got no prima facie case in the suit to be entitled to an order restraining the defendants Railway not to in......d from 2.1.91 and defendant No.11 having been placed in possession of those stalls and Buffet car, Restaurant Car and Refreshment Room and he was running those as such, the plaintiff has got no prima facie case in the suit to be entitled to an order restraining the defendants Railway not to interfer...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....rhat being not satisfied with the charge sheet directed one Mr. M. Huda, Magistrate to hold a judicial enquiry into the matter. Accordingly, after the judicial enquiry, the learned Magistrate found prima facie case as against all the 3 accused, namely Shah Alam, Hafizur Rahman and Siddiqur Rahman ......eing not satisfied with the charge sheet directed one Mr. M. Huda, Magistrate to hold a judicial enquiry into the matter. Accordingly, after the judicial enquiry, the learned Magistrate found prima facie case as against all the 3 accused, namely Shah Alam, Hafizur Rahman and Siddiqur Rahman and he......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......tances of the case arrived at a finding that the summons was not duly served upon defendant Hara Mohan Das. He has held that the evidence adduced by the plaintiff-Opposite party in discharge of his onus has not been satisfactory and "in such a predicament of the case of the O.P., it was incumbent ..Category: Procedural Law | Date: | Hits: 65
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
.... noncompliance with the provision of rule 48 of the Registration Rules 1973 in registering the kabala in question by the Sub-Registrar made the same void. And the said non‑compliance also creates a prima facie doubt about the execution and registration of the kabala by the plaintiff. Therefore,......mpliance with the provision of rule 48 of the Registration Rules 1973 in registering the kabala in question by the Sub-Registrar made the same void. And the said non‑compliance also creates a prima facie doubt about the execution and registration of the kabala by the plaintiff. Therefore, the A......n of the suit land being concurrent this Court sitting in revision cannot interfere with the said findings of fact. 8. Mr. Bashiruddin Ahmed further argues that the Court below wrongly shifted the onus upon the defendant to prove the passing of consideration, though the kabala in question clearly..Category: Property Law | Date: | Hits: 80
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....is clear that bill of lading is the shipping document. The moment a bill of lading is issued it shall be deemed that the goods have been shipped on board the vessel on the said date. Therefore, it is prima facie clear that the process of import of the consignment in question reached its conclusion o......ar that bill of lading is the shipping document. The moment a bill of lading is issued it shall be deemed that the goods have been shipped on board the vessel on the said date. Therefore, it is prima facie clear that the process of import of the consignment in question reached its conclusion on the ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......cated in the case. So mere abscondence of an accused is not a ground for drawing an adverse inference for his complicity in the incident. 11. This Court repeatedly reminds that in a criminal case onus of proving all the ingredients of an offence is always upon the prosecution and at no stage doe..Category: Criminal Law | Date: | Hits: 81
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....er the learned Sub-ordinate Judge committed any error of law calling for any interference by this Court exercising power under section 115 CPC. Since the plaint discloses definite cause of action and prima facie the plaintiff feels aggrieved by the ex parte decree dated 7-6-83 obtained by the defend...... learned Sub-ordinate Judge committed any error of law calling for any interference by this Court exercising power under section 115 CPC. Since the plaint discloses definite cause of action and prima facie the plaintiff feels aggrieved by the ex parte decree dated 7-6-83 obtained by the defendant in......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
.... of the facts of the case and the averments made in the application for temporary injunction and also the written objection, framed the following points for determination; 1. Whether there was any prima facie case for injunction in favour of the plaintiffs. 2. Whether the balance of convenienc......e facts of the case and the averments made in the application for temporary injunction and also the written objection, framed the following points for determination; 1. Whether there was any prima facie case for injunction in favour of the plaintiffs. 2. Whether the balance of convenience and ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
.... Deletion of the words 'Local Government' from the long title and from sections 1(1), 2(Uo), 3 and 7 of the three original Acts of 1989, by sections 2, 3, 4(kha), 5, 6 and 7 of the impugned Acts have prima facie taken the Rangamati, Khagrachari and Bandarban administrative units outside the purview ......ion of the words 'Local Government' from the long title and from sections 1(1), 2(Uo), 3 and 7 of the three original Acts of 1989, by sections 2, 3, 4(kha), 5, 6 and 7 of the impugned Acts have prima facie taken the Rangamati, Khagrachari and Bandarban administrative units outside the purview of Loc......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....rested the petitioner on 06.09.2010 from his Syedpur residence under Nilphamari District and seized some incriminating articles from that residence in presence of witnesses and thereafter finding prima facie link of the accused petitioner with the aforesaid e-mail the informant lodged the F.I....... the petitioner on 06.09.2010 from his Syedpur residence under Nilphamari District and seized some incriminating articles from that residence in presence of witnesses and thereafter finding prima facie link of the accused petitioner with the aforesaid e-mail the informant lodged the F.I.R. ......asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897...Category: Information Technology Law | Date: | Hits: 285
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....ll disposal of the suit. 12. On 23-1-95 the defendant petitioners appeared and contested the matter by filing a written objection stating, inter alia, that plaintiffs have not made out an arguable prima facie case for injunction, that the balance of convenience is in favour of the defendants and ......posal of the suit. 12. On 23-1-95 the defendant petitioners appeared and contested the matter by filing a written objection stating, inter alia, that plaintiffs have not made out an arguable prima facie case for injunction, that the balance of convenience is in favour of the defendants and agains......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..Category: Civil Law | Date: | Hits: 85
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
....ecial Case No.14 of 2009. 7. Mr. Murad Reza, the learned Additional Attorney General appearing on behalf of the petitioner submits that the High Court Division failed to appreciate that there is a prima facie case against the accused respondent No.1 who as the General Secretary of the B.M.A. by a......Case No.14 of 2009. 7. Mr. Murad Reza, the learned Additional Attorney General appearing on behalf of the petitioner submits that the High Court Division failed to appreciate that there is a prima facie case against the accused respondent No.1 who as the General Secretary of the B.M.A. by abusing......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
....rts were rejected by the trial Court and the plaintiffs neither filed any application before the appellate Court nor before the High Court Division for holding further local investigation, therefore, prima facie it does not appear to us proper on the part of the High Court Division to give suo moto ......re rejected by the trial Court and the plaintiffs neither filed any application before the appellate Court nor before the High Court Division for holding further local investigation, therefore, prima facie it does not appear to us proper on the part of the High Court Division to give suo moto direct......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
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Category: Property Law | Date: | Hits: 83
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......unishing for disobedience of an order of injunction of a Court the petitioner is to strictly prove his case of disobedience. But unfortunately, in the judgment of the Courts below it appears that the onus of proof of innocence was shifted on the petitioner before me. This is a serious mistake in law..Category: Criminal Law | Date: | Hits: 90
....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......ommunicated by the Memo No.3597 dated 17‑12‑2003, Annexure-C to the Writ Petition.
3. Mr. Kazi A Hakim, Learned Advocate appearing for the petitioner, submits that the order of extension is ex facie illegal and without jurisdiction since the respondent No.1 is not authorised to extend the per......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....ing seizure list, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and thereafter submitted a charge-sheet against the accused-appellant, since prima facie case was made out against him under section 302 of the Penal Code. 4. The case record......izure list, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and thereafter submitted a charge-sheet against the accused-appellant, since prima facie case was made out against him under section 302 of the Penal Code. 4. The case record ultim......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....submit on behalf of the petitioners. 10. However, Mr. Md. Afsar Hossain, learned Assistant Attorney‑General, is present to oppose the Rule on the ground that charge‑sheet by itself constitutes prima facie evidence constituting the offence for proceeding further in the matter where this court ...... on behalf of the petitioners. 10. However, Mr. Md. Afsar Hossain, learned Assistant Attorney‑General, is present to oppose the Rule on the ground that charge‑sheet by itself constitutes prima facie evidence constituting the offence for proceeding further in the matter where this court has a ......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..Category: Criminal Law | Date: | Hits: 85
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