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....‹)" used by the plaintiff in the packet of his soap and can create doubt and deceive and the defendant used similar colour and design of the plaintiff for the said purpose and, as such, plaintiff has prima facie case and balance of convenience and inconvenience in his favour and would suffer irrepar......ed by the plaintiff in the packet of his soap and can create doubt and deceive and the defendant used similar colour and design of the plaintiff for the said purpose and, as such, plaintiff has prima facie case and balance of convenience and inconvenience in his favour and would suffer irreparable l......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
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Category: Intellectual Property Law | Date: | Hits: 224
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....s case the assessee received yearly rent of Tk. 48,000/-, while the sub-lessee received yearly rent of Tk. 1,80,000/-. The Income Tax officer made assessment on Tk. 48,000 not on 1,80,000/-. As such, prima facie, there was an alarming under assessment and in such circumstances the Inspecting Joint C...... the assessee received yearly rent of Tk. 48,000/-, while the sub-lessee received yearly rent of Tk. 1,80,000/-. The Income Tax officer made assessment on Tk. 48,000 not on 1,80,000/-. As such, prima facie, there was an alarming under assessment and in such circumstances the Inspecting Joint Commiss......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......he notification praying for writs of mandamus against the GovernÂment on the ground, inter alia, that section 3 of the Act which gave unrestricted power to the Government and the said power being ex facie discriminatory, offended against Article 5 of the Constitution of 1956 and was for that reason......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....s true that the section does not say so. But if we keep in view the true meaning of the expressions’ execution and ‘authentication’ set out above, it may reasonably be said that there is also a prima facie evidence of its contents. (Vide Gopal Das Vs. Sri Thakurji, AIR 1943 (PC) 83). It is to ...... that the section does not say so. But if we keep in view the true meaning of the expressions’ execution and ‘authentication’ set out above, it may reasonably be said that there is also a prima facie evidence of its contents. (Vide Gopal Das Vs. Sri Thakurji, AIR 1943 (PC) 83). It is to be rem...... was wrong in presuming so. It appears that the learned Judge has noted that the courts below did not proceed on the basis of the presumption arising under section 85 of the Evidence Act and that the onus was on the defendants to prove that the power of attorney was either forged or there was frauÂ..Category: Property Law | Date: | Hits: 63
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....¦¾à¦¨à§‡à¦° বà§à¦¯à¦¬à¦¸à§à¦¥à¦¾ করবেন।†35. The aforementioned recommendation to cancel the executive committee of the CCCI and appoint an Administrator by the DTO establishes a prima facie case for it to act under section 9 of the Trade Organisations Ordinance. This section gi......§‡à¦° বà§à¦¯à¦¬à¦¸à§à¦¥à¦¾ করবেন।†35. The aforementioned recommendation to cancel the executive committee of the CCCI and appoint an Administrator by the DTO establishes a prima facie case for it to act under section 9 of the Trade Organisations Ordinance. This section gives th...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......nisuddin Mahmood have been examined before this Court for the purpose of proving the genuinity of execution of Exhibit No. 9. As the defendants categorically denied the execution of this document the onus to prove the same lies on this holder of the plaintiff under the Provision of Section 103 of th..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....nder order of Officer-in-charge of the Police Station he took over the investigation of the case and perused the materials and again visited the place of occurrence and also re-examined witnesses and prima facie case being made out submitted charge-sheet against the accused under section 302 of the ......rder of Officer-in-charge of the Police Station he took over the investigation of the case and perused the materials and again visited the place of occurrence and also re-examined witnesses and prima facie case being made out submitted charge-sheet against the accused under section 302 of the Penal ......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..Category: Criminal Law | Date: | Hits: 62
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......he learned Senior Counsel Mr. Taimur Alam Khandaker while argued on the findings of the appellate court drawn the attention of this court to the evidence as adduced by the P.Ws and submitted that the onus of proving the plaintiff’s case always lies upon the plaintiff but when the plaintiff could d..Category: Property Law | Date: | Hits: 74
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......on of their effect upon each other, if there still remains a reasonable doubt, the benefit of such reasonable doubt must go to the accused. It further may be added that the defence will discharge his onus if from certain circumstances a reasonable doubt could be created. 14. In view of discussion..Category: Criminal Law | Date: | Hits: 60
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......is required to state the disputed property sufficient to identify the same in accordance with the provision of Order 7 Rule 3 of the Code of Civil Procedure and since the plaintiff has discharged his onus, the ground as taken by the defendant/appellant/opposite party in this court false flat. 27..Category: Property Law | Date: | Hits: 62
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....in reviving the case after expiry of 6(six) months from the date of order of discharge of the petitioner. The learned Advocate further submits that since police after ‘investigation having found no prima-facie case, submitted final report against the petitioner which report having been accepted an......iving the case after expiry of 6(six) months from the date of order of discharge of the petitioner. The learned Advocate further submits that since police after ‘investigation having found no prima-facie case, submitted final report against the petitioner which report having been accepted and accu......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....l passed the impugned judgment and order as already stated above. 14. Mr. Anisul Huq, learned Advocate appearing on behalf of the appellant with Mr. ABM Golam Majid, submits that 3 witnesses being prima facie independent witnesses shown as attesting witnesses of the seizure list did not corrobora......ed the impugned judgment and order as already stated above. 14. Mr. Anisul Huq, learned Advocate appearing on behalf of the appellant with Mr. ABM Golam Majid, submits that 3 witnesses being prima facie independent witnesses shown as attesting witnesses of the seizure list did not corroborate the......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...Category: Criminal Law | Date: | Hits: 48
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....hholding the documents, if those are relevant at all. But in a suit for perpetual injunction the moot question is whether the plaintiffs are in lawful possession over the suit land. In some cases the prima facie title can incidentally be looked into. In that view of the matter the documents, sought ......ng the documents, if those are relevant at all. But in a suit for perpetual injunction the moot question is whether the plaintiffs are in lawful possession over the suit land. In some cases the prima facie title can incidentally be looked into. In that view of the matter the documents, sought to be ......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 58
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
....of witnesses under section 161 of the Code of Criminal Procedure and thereafter he transferred and considering this evidence he being the 2nd investigating officer submitted charge sheet founding the prima facie case against the accused persons under section 302/34 of the Penal Code on 8.1.1997. He ......nesses under section 161 of the Code of Criminal Procedure and thereafter he transferred and considering this evidence he being the 2nd investigating officer submitted charge sheet founding the prima facie case against the accused persons under section 302/34 of the Penal Code on 8.1.1997. He proved...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......entitled to one-third share of the suit property and argues that since the defendant-petitioner has claimed the entire suit property by virtue of the alleged gift it is for him to prove the gift, the onus is entirely upon him as the existence of the alleged gift and the execution thereof by Abdur Ra..Category: Property Law | Date: | Hits: 89
Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)
....availed of this opportunity and the main application was admitted after hearing both sides. The learned Advocate for the petitioners also submits that the petitioners have been able to make out their prima facie case by pointing out various illegalities and irregularities committed by the respondent......d of this opportunity and the main application was admitted after hearing both sides. The learned Advocate for the petitioners also submits that the petitioners have been able to make out their prima facie case by pointing out various illegalities and irregularities committed by the respondents depr......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ..Category: Company Law | Date: | Hits: 235
Anti-Corruption CommiÂssion Vs. Shamima Begum & others, 2009, 38CLC (AD)
....d Advocate finally submitted that the High Court Division has lost sight of the fact that the petiÂtioner has already complied with the order by declaring the assets which on investigation has shown prima facie ingredients of the offence for indictment of the petitioner and that on the absence of v......cate finally submitted that the High Court Division has lost sight of the fact that the petiÂtioner has already complied with the order by declaring the assets which on investigation has shown prima facie ingredients of the offence for indictment of the petitioner and that on the absence of violati......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....secure the ends of justice. The revisional Court may call for the record in order to scrutinise whether the appellate Court has committed any error in the decision occasioning failure of justice. The primary object of this jurisdiction is to uphold the ends of justice. 47. In exercise of the revi......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......he issue and not upon the party who denies it. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. The parties on whom the onus of proof lies must, in order to succeed, establish his case and he cannot on failure to do so t..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......wife of condemned prisoner and she was found dead in the house of condemned prisoner with one bruise injury in the right side on the neck. In case of death of wife in the house of her husband a heavy onus lies upon husband to account for the death of wife and husband is duty bound to explain as to h..Category: Criminal Law | Date: | Hits: 45
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....lier prepared sketch map and index to be correct. He accepted statements of the witnesses examined by the previous IO and further recorded statements of 2 witnesses under section 161 of the Cr.P.C. A prima facie case having been proved against the jail appellant under sections 19(a) and 19(f) of the......repared sketch map and index to be correct. He accepted statements of the witnesses examined by the previous IO and further recorded statements of 2 witnesses under section 161 of the Cr.P.C. A prima facie case having been proved against the jail appellant under sections 19(a) and 19(f) of the Arms ......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
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