Search Options
Judgment Advanced Search
Displaying 861-880 of 1543 results.
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....rounds for setting aside arbitral award.— (1) An arbitral award may be set aside (b) the Court or the High Court Division, as the case may be, satisfied that – (ii) the arbitral award is prima facie opposed to the law for the time being in force in Bangladesh;" 11. In doing so, Mr. S...... for setting aside arbitral award.— (1) An arbitral award may be set aside (b) the Court or the High Court Division, as the case may be, satisfied that – (ii) the arbitral award is prima facie opposed to the law for the time being in force in Bangladesh;" 11. In doing so, Mr. Samad h......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......t of the abandoned properties published on September 23, 1986 in Bangladesh Gazette, Extraordinary at page No. 9761 (1) against Serial No.57 under the Caption: "Name of the area Gulshan, Dhaka" is ex facie illegal being without any authority. The enlistment being patently illegal we have no hesitati......ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....gged with a seal of a Bank and the names of the Banks were in those Bank seals and the seals were of the Bangladesh Bank, Janata Bank, Al‑Baraka Bank and other banks and those notes in bundles were prima facie withdrawn from those Banks and referring to the deposition of Tajul Islam D.W.1 who, acc......it cannot be said that the money seized was the money belonging to Jatiya Party because any money found in somebody else's possession, who by possession of the same acquires and presumed to have prim facie title to the same and the Jatiya Party would not automatically, merely by claiming, have a fid......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....read with section 1 (24) of the Cattle Trespass Act on 7.9.88 against 19 accused persons, and final report in respect of the present two accused‑petitioners with a prayer for discharging them as no prima facie case was found against them. 4. The informant filed a Naraji petition on 7.9.88 befor......ith section 1 (24) of the Cattle Trespass Act on 7.9.88 against 19 accused persons, and final report in respect of the present two accused‑petitioners with a prayer for discharging them as no prima facie case was found against them. 4. The informant filed a Naraji petition on 7.9.88 before the ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98........ A perusal of the judgment of the learned trial Court shows that the learned trial Court was of opinion that since the defendant Nos.1 and 2 admitted their signatures on the purported bainanama, the onus was on them to prove that they did not execute the bainanama but put their signatures on some b..
Category: Procedural Law | Date: | Hits: 59
....tated that they got the land through inheritance, the trial Court placed more reliance on the documentary and oral evidence of the plaintiffs and decreed the suit holding that the plaintiffs have got prima facie right, title and possession in the suit land and that if the plaintiffs possessed any mo......that they got the land through inheritance, the trial Court placed more reliance on the documentary and oral evidence of the plaintiffs and decreed the suit holding that the plaintiffs have got prima facie right, title and possession in the suit land and that if the plaintiffs possessed any more lan...... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94...
Category: Property Law | Date: | Hits: 72
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....ns of the new law and accordingly he submits that since the offence committed during the validity period of the Ain of 2002 and from clear reading of FIR, charge sheet and other materials on record a prima-facie case has already been made out against the accused-petitioner under the Ain of 2002 and ......the new law and accordingly he submits that since the offence committed during the validity period of the Ain of 2002 and from clear reading of FIR, charge sheet and other materials on record a prima-facie case has already been made out against the accused-petitioner under the Ain of 2002 and as suc......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... record do not warrant the remotest possibility of conviction of the accused petitioner on such accusation. On reading of the First Information Report we find that the allegations made therein do not prima facie constitute the alleged offence or any criminal offence. Furthermore, departmental procee......d do not warrant the remotest possibility of conviction of the accused petitioner on such accusation. On reading of the First Information Report we find that the allegations made therein do not prima facie constitute the alleged offence or any criminal offence. Furthermore, departmental proceedings ...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....atives in the Village Court the plaint can not be rejected. To determine the truth of this allegation, evidence is necessary and this can be available only in the course of trial of the suit which is prima facie maintainable.” 11. So, in that case an apparently unchallengeable award of the vill...... in the Village Court the plaint can not be rejected. To determine the truth of this allegation, evidence is necessary and this can be available only in the course of trial of the suit which is prima facie maintainable.” 11. So, in that case an apparently unchallengeable award of the village Co...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....en vigilant in pursuing his case. It appears that due to wrong advice as to forum open to the petitioner for relief he is suffering. It is submitted that the petitioner has been advised that he has a prima facie good case and has good chance of getting relief in the Revisional Jurisdiction and for t......ilant in pursuing his case. It appears that due to wrong advice as to forum open to the petitioner for relief he is suffering. It is submitted that the petitioner has been advised that he has a prima facie good case and has good chance of getting relief in the Revisional Jurisdiction and for this re......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....them according to the plain, literal and grammatical meaning of the words." In the decision in the case of Nokes Vs. Doneaster, 1940 AC 1014 (1022) it was observed that the words of a statute must prima facie be given the natural and ordinary meaning. (Verbis plane expressis amnino standum est.) ......ccording to the plain, literal and grammatical meaning of the words." In the decision in the case of Nokes Vs. Doneaster, 1940 AC 1014 (1022) it was observed that the words of a statute must prima facie be given the natural and ordinary meaning. (Verbis plane expressis amnino standum est.) If mea......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..Category: Election Law | Date: | Hits: 128
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......l be punishable with simple imprisonment which may extend to one month or with fine which may extend to one thousand only or with both. The section also reveals that the section also reveals that the onus is on the accused to prove that he had reason to believe that the marriage was not a child marr..Category: Civil Law | Date: | Hits: 128
....ebendra Chandra Saha, quoted above.
27. We have also noticed that, when the C.S. and S.A Khatians and the Khajana Dhakila adduced and proved before the trial court clearly prove the possession and prima facie title of the defendant, the plaintiff has filed this suit for declaration simpliciter, w......a Chandra Saha, quoted above.
27. We have also noticed that, when the C.S. and S.A Khatians and the Khajana Dhakila adduced and proved before the trial court clearly prove the possession and prima facie title of the defendant, the plaintiff has filed this suit for declaration simpliciter, without......and that the plaintiff has failed to prove the alleged gift made in their favour by the then zaminders. It has, however, decreed the suit without appreciating the settled legal position that that the onus lie on the plaintiff to prove its case and that the plaintiff cannot succeed on basis of the we..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... suffered a great deal in the hands of learned Judges of the High Court Division while conviction the appellant. The learned Judges failed to consider that in such a case of quasi-criminal nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very muc..Category: Employment/Service Law | Date: | Hits: 115
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....o the institution of the prosecution and the Government has an absolute discretion to grant or withhold their sanction. It has also been held that they are merely to see that the evidence discloses a prima facie case against the person sought to be prosecuted. They can refuse sanction on any ground ......institution of the prosecution and the Government has an absolute discretion to grant or withhold their sanction. It has also been held that they are merely to see that the evidence discloses a prima facie case against the person sought to be prosecuted. They can refuse sanction on any ground which ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..Category: Criminal Law | Date: | Hits: 84
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....intiff admittedly could not participate in the bid as they were allegedly obstructed by the armed miscreants for submitting the tender to the authority. The plaintiffs‑respondents have therefore no prima facie claim or authority to collect tolls from the suit Hat for the year 1398 BS. If they sust...... admittedly could not participate in the bid as they were allegedly obstructed by the armed miscreants for submitting the tender to the authority. The plaintiffs‑respondents have therefore no prima facie claim or authority to collect tolls from the suit Hat for the year 1398 BS. If they sustain an......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......Further, it appears that no evidence has been led to prove that payment of consideration money was made to the executant Roushan Ali. Defendants tried to take advantage of the sale deed Ext.2, so the onus lies on them to prove that consideration money of Ext.2 was duly paid and that sale deed Ext.2 ..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....nd what has been written in such a rent receipt are true. The learned Judges of the High Court have apparently made a mistake in taking the view that as soon as the rent receipts have been proved the primary onus of the plaintiffs has been discharged and the defendants having failed to produce any r...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......tment requiring the dakhilas, Ext. 4 series, which had been formally proved at the trial of the suit, to be accepted as genuine documents, merely on proof thereof there is no question of shifting the onus upon the defendants. The learned Judges of the High Court appears to have been under a misappre..Category: Property Law | Date: | Hits: 96
State Vs. Amin Huda, 2011, 40 CLC (AD)
.... by him and that officer shall have the authority to investigate the case either from the beginning or the stage from which he was given the charge of investigation. Thus, section 44 of the Act, 1990 prima-facie, shows that besides the Director General of the Directorate of Narcotics, or an officer ......m and that officer shall have the authority to investigate the case either from the beginning or the stage from which he was given the charge of investigation. Thus, section 44 of the Act, 1990 prima-facie, shows that besides the Director General of the Directorate of Narcotics, or an officer subord......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....ures on the document itself and their eldest brother Shahabuddin Ahmed is one of the attesting witnesses. So, I find that the respondents have failed to produce any evidence before this Court to show prima facie that the last sentence was subsequently inserted and as such it is a forged document, ra......n the document itself and their eldest brother Shahabuddin Ahmed is one of the attesting witnesses. So, I find that the respondents have failed to produce any evidence before this Court to show prima facie that the last sentence was subsequently inserted and as such it is a forged document, rather t......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
54025383538053795374537253695368536753665365536353605359535553485346534453405336