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Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
.... running vessel causing damage to a vessel in anchor. At page 94 of the above book it appears that when a vessel under steam runs down a ship at her moorings in broad daylight, that fact is by itself prima facie evidence of fault, and she cannot escape liability for the consequences of her act, exce......ng vessel causing damage to a vessel in anchor. At page 94 of the above book it appears that when a vessel under steam runs down a ship at her moorings in broad daylight, that fact is by itself prima facie evidence of fault, and she cannot escape liability for the consequences of her act, except by ......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....mpugned order appealed against has been passed upon total misconception of law; therefore it is liable to be set aside. In elaborating this point further he has submitted that the plaintiff having no prima facie case even for a temporary injunction in the absence of any document showing prima facie ......d order appealed against has been passed upon total misconception of law; therefore it is liable to be set aside. In elaborating this point further he has submitted that the plaintiff having no prima facie case even for a temporary injunction in the absence of any document showing prima facie title ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....zure list and proved the same as Ext. 9 and his signature in it as Ext. 9/1. He recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. After investigation since prima-facie was found against the accused he submitted charge sheet against him under section 302/20......ist and proved the same as Ext. 9 and his signature in it as Ext. 9/1. He recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. After investigation since prima-facie was found against the accused he submitted charge sheet against him under section 302/201 and ...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 73
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....nd. 7. Mr. SK Sinha, the learned Advocate for the opposite party, on the other hand, submits that for granting temporary injunction the Court need not go into the merits of the case. If there is a prima facie case, it can grant an injunction. It is a discretionary power of the Court and should no...... 7. Mr. SK Sinha, the learned Advocate for the opposite party, on the other hand, submits that for granting temporary injunction the Court need not go into the merits of the case. If there is a prima facie case, it can grant an injunction. It is a discretionary power of the Court and should not be i......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....g cause and that she went to America on 11.9.92 and during her absence some members of the Managing Committee with ulterior motive brought a false allegation against respondent No.5 that she is not a primary member of the constituent Samity, although she was a member of that Samity and was legally n......uestion of facts with regard to the post of Chairperson of the said Federation as we will not decide as to who is legally elected or nominated Chairperson but for the purpose of representation, prima facie, it appears that a resolution electing Mrs. Rowshan Akhtar as Chairperson is there. For the pu......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....without the knowledge of the inmates of her father‑in‑law's house has run away from that house and she was missing. 3. The police after receipt of the post‑mortem report and after finding a prima facie case submitted the charge sheet against the accused under sections 302/201/109 of the Pe......t the knowledge of the inmates of her father‑in‑law's house has run away from that house and she was missing. 3. The police after receipt of the post‑mortem report and after finding a prima facie case submitted the charge sheet against the accused under sections 302/201/109 of the Penal Co......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..Category: Criminal Law | Date: | Hits: 76
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....f the Second Labour Court, and thereby committed the offence under sections 54 and 55 of the Ordinance. 4. On receipt of the complaint, learned Chairman of the Second Labour Court, Dhaka found prima facie case against the petitioner and issued process accordingly. The petitioner surrendered ......Second Labour Court, and thereby committed the offence under sections 54 and 55 of the Ordinance. 4. On receipt of the complaint, learned Chairman of the Second Labour Court, Dhaka found prima facie case against the petitioner and issued process accordingly. The petitioner surrendered in the......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38...Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....শন আইন দুর্নীতি দমন কমিশন বিধিমালা ২০০৭ ‘Inquiry’ অনুসন্ধান precedes 'investigation' তদন্ত provided a prima facie case is found during inquiry. By the way, the definition of inquiry' অনুসন্......its that there is no provision for seizure of the bank account of any person as is evident from section 94 of the Code of Criminal Procedure and in this view of the matter, the impugned orders are ex-facie without lawful authority and of no legal effect. 7. Mr. Rokanuddin Mahmud next submits that......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..Category: Anti-Corruption Laws | Date: | Hits: 200
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....al Court. He submitted that the trial Court noticed that the defendant did not take any step to examine the alleged signature of the plaintiff No.2 in the agreement through any handwriting expert and prima facie found on comparison that the signature of plaintiff No.2 in the plaint and in the other ......rt. He submitted that the trial Court noticed that the defendant did not take any step to examine the alleged signature of the plaintiff No.2 in the agreement through any handwriting expert and prima facie found on comparison that the signature of plaintiff No.2 in the plaint and in the other papers...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...Category: Property Law | Date: | Hits: 57
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....anj held further enquiry and submitted his report which was received by the Sub‑Divisional Magistrate on 11.10.83 and on perusal and consideration of the same, the Sub‑Divisional Magistrate found prima facie case against the accused petitioner under sections 288/427 of the Penal Code and accordi......ld further enquiry and submitted his report which was received by the Sub‑Divisional Magistrate on 11.10.83 and on perusal and consideration of the same, the Sub‑Divisional Magistrate found prima facie case against the accused petitioner under sections 288/427 of the Penal Code and accordingly i......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...Category: Criminal Law | Date: | Hits: 88
....clusion that the plaintiff is a set up persons of the judgment-debtors of the Suit No.64 of 1962. The learned Counsel further submitted that the trial Court found that the plaintiff failed to prove prima facie case and possession of the suit land and thereby rejected the prayer for temporary i......n that the plaintiff is a set up persons of the judgment-debtors of the Suit No.64 of 1962. The learned Counsel further submitted that the trial Court found that the plaintiff failed to prove prima facie case and possession of the suit land and thereby rejected the prayer for temporary injunct......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302...
Category: Property Law | Date: | Hits: 65
....ch legislation and such election instead of paving the way will hinder the progress of democratisation of the process of transition to democracy. The learned Advocate for the petitioners submits that prima facie case having been made out and the balance of convenience,, and inconvenience being in fa......islation and such election instead of paving the way will hinder the progress of democratisation of the process of transition to democracy. The learned Advocate for the petitioners submits that prima facie case having been made out and the balance of convenience,, and inconvenience being in favour o......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
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Category: Constitutional Law | Date: | Hits: 229
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....in the ultimate consideration of the case of the defendant No. 5 along with that of the other defendants, the learned Subordinate Judge came to a finding the plaintiff petitioner failed to make out a prima‑facie arguable case for injunction and observed that an order of status‑quo be better main......ltimate consideration of the case of the defendant No. 5 along with that of the other defendants, the learned Subordinate Judge came to a finding the plaintiff petitioner failed to make out a prima‑facie arguable case for injunction and observed that an order of status‑quo be better maintained, ......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......mortem report has been admitted into evidence in utter violation of the mandatory provision contained in section 509A Cr.P.C. It is a new section. Its provision is in the nature of exception and the onus of establishing circumstances that could bring the post‑mortem report within any of exception..Category: Criminal Law | Date: | Hits: 82
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......sufficient doubt about the prosecution case regarding involvement of the appellant in smuggling of the sarees. 16. The second contention of Mr. Khan is that the prosecution failed to discharge its onus in proving that the sarees were of Indian origin and the import of the same was prohibited and ..Category: Fiscal/Taxation Law | Date: | Hits: 101
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....took up the investigation of the case, examined witnesses under section 161 of the Code of Criminal Procedure and verified the vouchers of purchase of the said goods submitted before him and found no prima facie case against the accused opposite party who was found to be a bonafide cloth merchant an......p the investigation of the case, examined witnesses under section 161 of the Code of Criminal Procedure and verified the vouchers of purchase of the said goods submitted before him and found no prima facie case against the accused opposite party who was found to be a bonafide cloth merchant and owne......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529...Category: Criminal Law | Date: | Hits: 72
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....the company which detail the capital structure of the company were at Chittagong where the company has its registered office. 8. The learned Subordinate Judge in course of his judgment has found a prima facie case in favour of the plaintiff in the following terms: "Considering this report of e......mpany which detail the capital structure of the company were at Chittagong where the company has its registered office. 8. The learned Subordinate Judge in course of his judgment has found a prima facie case in favour of the plaintiff in the following terms: "Considering this report of examina......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....tionship of the student and the University is that the relationship being fiduciary, the evaluation of academic attainment of a student being the sole function of the University, and any action taken prima facie in accordance with the rules and regulations, has little to be interfered by the dictum ......ip of the student and the University is that the relationship being fiduciary, the evaluation of academic attainment of a student being the sole function of the University, and any action taken prima facie in accordance with the rules and regulations, has little to be interfered by the dictum of the......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507...Category: Others | Date: | Hits: 112
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492....... record of right cannot be a document of title but it may be used as documentary evidence to show possession. Now, title by way of adverse possession has been claimed by the plaintiff and as such the onus is upon the plaintiff to establish the conditions required for acquisition of title by adverse ..Category: Property Law | Date: | Hits: 71
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....n Officer being responsible for the execution of all directives related to Primary Education being under the control of Primary Education Officer, who is found to have recommended for the loan to the primary school teachers from their respective Provident Fund Account and the accused petitioner bein......ned to take up the point relating to limitation at this stage in the case as we think that the most pertinent question is whether the statement made in the FIR and the charge sheet disclose any prima facie case of criminal misappropriation or criminal breach of trust and for that matter initiation a......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..Category: Criminal Law | Date: | Hits: 104
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