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Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....contravention of sections 91 and 92 of the Evidence Act. 9. The deed of Hiba‑Bil‑Ewaz was produced before the trial Court and was marked Ext. Ka. A perusal of this document shows that this was prima facie an out and out deed of Hiba‑Bil‑Ewaz. A perusal of the evidence of P.W.1 who was the......vention of sections 91 and 92 of the Evidence Act. 9. The deed of Hiba‑Bil‑Ewaz was produced before the trial Court and was marked Ext. Ka. A perusal of this document shows that this was prima facie an out and out deed of Hiba‑Bil‑Ewaz. A perusal of the evidence of P.W.1 who was the plain......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..Category: Property Law | Date: | Hits: 87
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
.... Metropolitan Magistrate, Dhaka. Thereafter the said Metropolitan Magistrate examined some witnesses of the complainant and considering the statements of witnesses and papers filed before him found a prima facie case only against the accused petitioner Abul Ahsan Joarder under sections 500/501 of th......politan Magistrate, Dhaka. Thereafter the said Metropolitan Magistrate examined some witnesses of the complainant and considering the statements of witnesses and papers filed before him found a prima facie case only against the accused petitioner Abul Ahsan Joarder under sections 500/501 of the Pena......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..Category: Criminal Law | Date: | Hits: 98
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......earned Advocate contends that none of the prosecution witnesses deposed that they saw this appellant assaulting the deceased or that he had any hand in the death of the deceased. He contends that the onus heavily lies on the prosecution to prove that this appellant had any hand either direct or indi..Category: Criminal Law | Date: | Hits: 66
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....s the contract of marriage as well as co-habitation”. 14. On the capacity of the parties to marry each other, Syed Ameer Ali says, “the validity of a marriage under the Mohommedan Law depends primarily on the capacity of the parties to marry each other. “The performance of the marriage acc...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......by examining independent witnesses and that the Family Court was perfectly justified in decreeing the suit. 4. The High Court Division held that in the absence of a registered kabinnama a special onus is cast upon the appellant to prove the fact about marriage, that there is no material to show ..Category: Family Law | Date: | Hits: 318
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....nts under section 161 of the Code of Criminal Procedure and finally, submitted a charge‑sheet against the accused appellant and three other co-accuseds under section 302/201/34 of Penal Code, since prima facie case, was made out against them. 4. The case record ultimately came to the present tr......der section 161 of the Code of Criminal Procedure and finally, submitted a charge‑sheet against the accused appellant and three other co-accuseds under section 302/201/34 of Penal Code, since prima facie case, was made out against them. 4. The case record ultimately came to the present trial Co...... 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: 55 DLR (2003) 328...Category: Criminal Law | Date: | Hits: 51
....for import of a Hino, Truck from Japan manufactured in the year 1992 and the Invoice, Bill of Lading i.e. shipping documents and the Registration Cancellation Certificate annexed to the Writ Petition prima facie show that the vehicle in question was manufactured in the year 1992 and, as such, it was......port of a Hino, Truck from Japan manufactured in the year 1992 and the Invoice, Bill of Lading i.e. shipping documents and the Registration Cancellation Certificate annexed to the Writ Petition prima facie show that the vehicle in question was manufactured in the year 1992 and, as such, it was in ac...... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
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Category: Business or Commercial Law | Date: | Hits: 209
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
.... 2 respectively. Bijoy also died leaving five sons, Tarapada, Haridas, Debdas, Ramprosad and Mukul, defendant Nos. 3‑7 respectively. Thereafter on 2.12.1960 the said Parash Chandra Biswas who was a primary school teacher died leaving the plaintiff and defendant Nos. 3‑7 as cousin brother's sons.......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......iew of admission of contesting defendants in paragraph No.4 of the written statement that the thumb impressions appearing in the will were of late Parash and in view of their failure to discharge the onus to establish their allegation that the plaintiff manufactured the will in blank cartridge paper..Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... in response to the show cause notice issued upon the defendants by the learned Judge. The temporary injunction matter was heard on 24.2.1993. The learned Assistant Judge found that the plaintiff had prima facie case to go to trial but that there was no possibility of his suffering any irreparable i......sponse to the show cause notice issued upon the defendants by the learned Judge. The temporary injunction matter was heard on 24.2.1993. The learned Assistant Judge found that the plaintiff had prima facie case to go to trial but that there was no possibility of his suffering any irreparable injury ...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
....ard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. It appears that the petition of complaint disclosed prima facie case. The High Court Division further held that whether or not the petitioner is connect......e learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. It appears that the petition of complaint disclosed prima facie case. The High Court Division further held that whether or not the petitioner is connected wit...... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ..Category: Criminal Law | Date: | Hits: 85
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....stinguishable and the arguments made therein are not applicable in this case. 12. We have perused the FIR, the police report and the other materials on record and find that the materials on record prima-facie disclose offences under different laws of the land. In view of the above, the findings o......ishable and the arguments made therein are not applicable in this case. 12. We have perused the FIR, the police report and the other materials on record and find that the materials on record prima-facie disclose offences under different laws of the land. In view of the above, the findings of the ......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....f the Prevention of Corruption Act, 1947. 3. Thereafter, one Md. Talebur Rahman, Assistant Director of the Anti-Corruption Commission (ACC in brief) investigated into the case and he, having found prima facie case, submitted against the petitioner a charge sheet No. 80 dated 19.03.2008, under sec......Prevention of Corruption Act, 1947. 3. Thereafter, one Md. Talebur Rahman, Assistant Director of the Anti-Corruption Commission (ACC in brief) investigated into the case and he, having found prima facie case, submitted against the petitioner a charge sheet No. 80 dated 19.03.2008, under section 1......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......and without proper assessment of evidence on record came to a wrong and erroneous finding in reversing the Judgment and decree passed by the learned trial Court. The learned counsel also submits that onus of proving a case lies upon the plaintiffs but not upon the weakness and short coming of the de..Category: Property Law | Date: | Hits: 72
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....ainst the convict-petitioners and others on 4.6.1987. 3. During investigation, the police recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having found prima facie case, the police submitted charge sheet against the convict-petitioner under sections 45......the convict-petitioners and others on 4.6.1987. 3. During investigation, the police recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having found prima facie case, the police submitted charge sheet against the convict-petitioner under sections 457/363/......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......ears that ground of "public interest" is against fact and the orders of retirement have been passed mala fide and that the impugned order as passed by the Assistant Inspector General of Police is "ex-facie” illegal and void and without lawful authority" inasmuch as only the Government is competent......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...Category: Employment/Service Law | Date: | Hits: 47
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....the provision of section 3(2)(Ja) of the Admiralty Court Ain, 2000 and is clearly maintainable in this Admiralty Court. 14. The decision as made herein regarding the status of the plaintiff upon a prima facie consideration of the material on records, shall not bar the defendant to ask the point t......ovision of section 3(2)(Ja) of the Admiralty Court Ain, 2000 and is clearly maintainable in this Admiralty Court. 14. The decision as made herein regarding the status of the plaintiff upon a prima facie consideration of the material on records, shall not bar the defendant to ask the point to be d......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....gned judgment and decree are liable to be set aside. 10. Mrs. Rezina Mahmud, the learned Advocate for the plaintiff opposite party on the other hand submits that the defendants petitioners have no prima facie title and possession in the suit land; that the plaintiff opposite party have title an......udgment and decree are liable to be set aside. 10. Mrs. Rezina Mahmud, the learned Advocate for the plaintiff opposite party on the other hand submits that the defendants petitioners have no prima facie title and possession in the suit land; that the plaintiff opposite party have title and poss......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......d kabala over a period of 1(one) year and 6 months. The learned Advocate finally submits that the proposition of law is by now well settled that a heavy burden lies on the pre-emptor to discharge the onus of proof that he filed the case within the statutory period of 4(four) months from the date of ..Category: Property Law | Date: | Hits: 62
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....l be allowed. 8. Mr. M. Amir-ul Islam, learned Counsel, appearing for writ petitioner-respondent No.2 contended that the very notice issued by the Registrar which was impugned in the writ petition prima-facie shows that in fact the Registrar usurped the power of a Court and in such usurpation of ......llowed. 8. Mr. M. Amir-ul Islam, learned Counsel, appearing for writ petitioner-respondent No.2 contended that the very notice issued by the Registrar which was impugned in the writ petition prima-facie shows that in fact the Registrar usurped the power of a Court and in such usurpation of power ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......al Government could as it has actually done so far as the rent receivers throughout the Province at one and the same time, and if the law be, as I think it is, that in cases where a statute is not ex facie discriminatory, but is capable of being administered in a discriminatory manner, the party cha....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....ect 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......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......ly unsatisfactory and the same suffers from various error. 21. 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 h..Category: Property Law | Date: | Hits: 74
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