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Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
.... 115 in order to satisfy himself as to the contention of the opposite parties. The learned Additional District Judge committed no wrong in doing so. Revisional jurisdiction under section 115 is meant primarily for correcting errors made by the subordinate Courts in the exercise of their jurisdiction......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100....... issue and not with the party that denies it. It is reasonable and just that the suitor who relies upon the existence of the fact should be called upon to prove his own case. In the instant case, the onus of proof lies with the petitioners as they assert that the impugned order dated 5-5-2004 commit..Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......t before, the prosecution leads evidence for sustaining a conviction. When the prosecution failed to prove that the husband was in his house where his wife was murdered, he cannot be saddled with any onus to prove his innocence. 37. In this case 3 DWs were examined, 2 are the brothers of condemne..Category: Criminal Law | Date: | Hits: 96
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
....nal statements under section 164 of the Code of Criminal Procedure and thereafter submitted a charge-sheet against the accused-appellants and 12 others under sections 395/397 of the Penal Code, since prima-facie case was made out against them. 4. The case record ultimately came to the file of the......atements under section 164 of the Code of Criminal Procedure and thereafter submitted a charge-sheet against the accused-appellants and 12 others under sections 395/397 of the Penal Code, since prima-facie case was made out against them. 4. The case record ultimately came to the file of the prese....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..Category: Criminal Law | Date: | Hits: 67
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......shoes gained popularity because of their high quality which is associated with the trade mark “BALLY” in this country. It is now well settled that in order to succeed in an objection petition the onus is on the objector to substantiate their contention before the Registrar and in the instant cas..Category: Intellectual Property Law | Date: | Hits: 210
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....to undertake an enquiry under section 4(1) of the Anti-Corruption Act. Such satisfaction is not justifiable as long as there is some material to form an opinion. We cannot question whether there is a prima facie case for satisfaction to carry out an enquiry as long as there is some material. In supp......ertake an enquiry under section 4(1) of the Anti-Corruption Act. Such satisfaction is not justifiable as long as there is some material to form an opinion. We cannot question whether there is a prima facie case for satisfaction to carry out an enquiry as long as there is some material. In support he...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
Shahidul Vs. State, 1998, 27 CLC (HCD)
....and other papers of the former investigation officer and examined the same and being satisfied submitted charge sheet against the accused persons under section 4 of the Explosive Substances Act since prima facie case was made out against them. He proved the ejahar, First Information Report form and ......her papers of the former investigation officer and examined the same and being satisfied submitted charge sheet against the accused persons under section 4 of the Explosive Substances Act since prima facie case was made out against them. He proved the ejahar, First Information Report form and his si......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......e land had any charge or encumbrance or not to establish his bona fide. He would naturally try to get all the documents of title and possession from his vendor. Onus is very heavy on him. There is no onus on the other side, as was wrongly placed by the appellate Court. 30. The law is now settled...Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......n application for substitution. The learned Assistant Judge failed to appreciate the relevant provisions of law and illegally allowed the application for amendment of plaint. The impugned order is ex facie a non speaking order as no reason has been assigned for passing the order. The facts and ci......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....949 Lahore 21 is more expressive and we would like to reproduce it for better guidance of the Court: - "The exercise of this power should, however, be confined to cases in which, not only is good prima facie ground made out for the grant of bail in respect of the offence alleged, but also, it sh......hore 21 is more expressive and we would like to reproduce it for better guidance of the Court: - "The exercise of this power should, however, be confined to cases in which, not only is good prima facie ground made out for the grant of bail in respect of the offence alleged, but also, it should b......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....olation of the bidding terms.” Further, in his opinion dated 18-12-2000 the Legal Adviser quoting Clause 30.a.4 of section 1 of the bidding document opined that the clause of the bidding terms is a prima facie bar for revival of a bid which has been declared as non-responsive. Again, question aris......n of the bidding terms.” Further, in his opinion dated 18-12-2000 the Legal Adviser quoting Clause 30.a.4 of section 1 of the bidding document opined that the clause of the bidding terms is a prima facie bar for revival of a bid which has been declared as non-responsive. Again, question arises whe...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......if they are acquitted in appeal, it will be effective retrospectively and the disqualification, if any, would at once cease to exist. 68. In this connection, it should also be remembered that the onus and the whole procedure leading to an order of con of a person is based on criminal jurispruden..Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....ortem examination. P.W. 18 Ranjit Barua investigated the case. One of the suspects named in the FIR Abu Taher alias Taju Master was examined as P.W. 12 and another suspect Nazim was not sent up as no prima facie case was found against him by the police. P.W. 12 admitted the contract but stated that ......examination. P.W. 18 Ranjit Barua investigated the case. One of the suspects named in the FIR Abu Taher alias Taju Master was examined as P.W. 12 and another suspect Nazim was not sent up as no prima facie case was found against him by the police. P.W. 12 admitted the contract but stated that ultima......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
.... enter into the merit of the suit and decide whether a suit is maintainable or not. But at the same time, the Court should see that the plaintiff has been able to satisfy the Court that he has a good prima facie arguable case to be considered at the trial. If it is shown that the reliefs sought for ...... into the merit of the suit and decide whether a suit is maintainable or not. But at the same time, the Court should see that the plaintiff has been able to satisfy the Court that he has a good prima facie arguable case to be considered at the trial. If it is shown that the reliefs sought for in the......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
.... it is sufficient to observe that the plaintiff at this stage is not required to prove the case on merits. The disclosures made by the plaintiff and supported by the papers produced by it, indicate a prima facie case for injunction in favour of the plaintiff. Evidently, the balance of convenience an...... sufficient to observe that the plaintiff at this stage is not required to prove the case on merits. The disclosures made by the plaintiff and supported by the papers produced by it, indicate a prima facie case for injunction in favour of the plaintiff. Evidently, the balance of convenience and inco......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......d then made the construction out of his own money. Farida Rahman had no independent source of income as borne out by the evidence on record. Learned Joint District Judge fell in error in shifting the onus upon Shamsul Haque to prove 'Benami' transaction and holding that Farida Rahman acquired the la..Category: Property Law | Date: | Hits: 139
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......e the occurrence. He also submits that as the prosecution totally failed to prove presence of the appellant at the material time in his house where his wife was murdered he cannot be saddled with any onus to prove his innocence. He adds that the father of the deceased as PW 2 admitted that he heard ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......ention of respondent Nos. 1 and 2 is identical. Their case, in short, is that the exclusivity clause of the Licence Agreement is against public policy and is, therefore, void. The Writ Petition is ex-facie not maintainable for nonexhaustion of efficacious remedy of arbitration. The petitioner obtain......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502....... their petition and that the order dated 13-6-1993 passed by the trial Court dismissing the suit for default in spite of the fact that the sole plaintiff died on 15-12-2001 is an illegal order and ex facie nullity and that the suit cannot be dismissed for default while the sole plaintiff died on 15-...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......endant further pleaded that the plaintiff is a not a citizen of Bangladesh because of his leaving this country and staying in India. 5. The trial Court dismissed the suit under conception that the onus was upon the plaintiff according to the provision of President’s Order No.149 of 1975 to prov..Category: Immigration and Citizenship Law | Date: | Hits: 190
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....om Surgical Unit of the Hospital which belonged to accused Shamim under seizure list Exhibit 5. He examined witnesses under section 161 Cr.P.C. and submitted charge-sheet against accused persons as a prima facie case was found to be established against them. In his cross-examination he stated that h......gical Unit of the Hospital which belonged to accused Shamim under seizure list Exhibit 5. He examined witnesses under section 161 Cr.P.C. and submitted charge-sheet against accused persons as a prima facie case was found to be established against them. In his cross-examination he stated that he sent......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
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