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....sed the judgment of the High Court Division and those of the Courts below.
4. On perusal of the judgments we find that the High Court Division has rightly held that the plaintiff-petitioner has no prima facie title in the suit land and that the Courts below have rightly rejected the prayer for te......e judgment of the High Court Division and those of the Courts below.
4. On perusal of the judgments we find that the High Court Division has rightly held that the plaintiff-petitioner has no prima facie title in the suit land and that the Courts below have rightly rejected the prayer for temporar......petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155.
..
Category: Property Law | Date: | Hits: 58
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
.... it was held that document allegedly forged ex facie did not show any tampering nor indicate any forgery and there is no other materials on record to support the allegation and accused has made out a prima facie case to be entitled to anticipatory bail before arrest. 49. In State Vs. MA Malik, 47...... sought before High Court at Karachi for the petitioner. The High Court at Karachi granted anticipatory bail to Petitioner. In granting anticipatory bail it was held that document allegedly forged ex facie did not show any tampering nor indicate any forgery and there is no other materials on record ......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......yed Aftab Uddin, who was in possession of the case property, and in view of the issuance of such demand note, the possession of the Government on the case holding through the Demand Note holder is ex-facie proved and the delivery of possession as claimed by the writ petitioner through Court also pro......ce of any such conditions the interference by the High Court Division itself becomes an act without jurisdiction and in the present case this precisely has happened. It has been further held that the onus, lies on the claimant of the building to prove that the building is not abandoned property. The..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....the submission of the Bill of Entry on a sale in open market between the buyer and a seller independent of each other. 13. The price as mentioned in the letter of Credit and the commercial invoice prima facie shows that the price mentioned in those documents is the market value between the seller......bmission of the Bill of Entry on a sale in open market between the buyer and a seller independent of each other. 13. The price as mentioned in the letter of Credit and the commercial invoice prima facie shows that the price mentioned in those documents is the market value between the seller and t......e, accordingly their Lordships in the Appellate Division held that the initial presumption of the court would be that the official act has been duly and regularly performed. In such circumstances the onus lies upon the person who challenges that the fixation has not been duly done. However their Lor..Category: Fiscal/Taxation Law | Date: | Hits: 79
....earned Advocate appearing for the petitioner, has submitted that issuance of such memorandum (Annexure-B) by the respondent No. 3 District and Sessions Judge is highly illegal as there is neither any prima facie case made out in the application (in order to obtain such permission for investigation) ...... Advocate appearing for the petitioner, has submitted that issuance of such memorandum (Annexure-B) by the respondent No. 3 District and Sessions Judge is highly illegal as there is neither any prima facie case made out in the application (in order to obtain such permission for investigation) nor th......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......etirement, and he could not reply to the second show cause notice for want of enquiry report. On the aforesaid premises the learned Advocate for the petitioner submits that the impugned orders are ex-facie illegal and the petitioner is entitled to be re-instated in his post with all the benefits.
......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136...
Category: Employment/Service Law | Date: | Hits: 72
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......nder the Martial Law Order. 4. Mr. Nawab All contends that for the same offence the petitioner has been penalised twice which is not permissible in law. He also contends that the impugned order ex facie was malafide as the petitioner was deprived of the opportunity to show cause against the propo...... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133...Category: Employment/Service Law | Date: | Hits: 78
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ...... that the ex parte order of civil imprisonment passed by Artha Rin Adalat under section 34 of the Artha Rin Adalat Ain, 2003 without providing any opportunity of hearing to the judgment debtor was ex-facie a violation of the principle of natural justice. The Appellate Division did not accept the sai......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......4 clearly deposed in their cross-examination that defendant No. 3 possesses the lands of Pauls by purchase. Since the plaintiff filed the suit claiming acquisition of title by adverse possession, the onus in entirely on him to show by clear and definite evidence that his possession is continuous, op..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......Corruption to face any sort of inquiry.
6. The second branch of contention raised is that the impugned notice issued under the provisions of sections 94/160 of the Code of Criminal Procedure is ex facie illegal and the Bureau or Anti-Corruption got no lawful authority to summon the petitioners to......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
Harun and others Vs. State, 1998, 27 CLC (HCD)
....d Md. Harun along with the confessional statement made by accused-petitioner Badsha and the allegation levelled against them in the First Inlormation Report as to the conspiracy of killing the victim prima facie show their involvement in the conspiracy of the commission of murder of victim Ratan Mia......Harun along with the confessional statement made by accused-petitioner Badsha and the allegation levelled against them in the First Inlormation Report as to the conspiracy of killing the victim prima facie show their involvement in the conspiracy of the commission of murder of victim Ratan Mia. 1......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...Category: Criminal Law | Date: | Hits: 65
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....ra Kumar Sinha. Md. Muzammel Hossain,J.- I agree with the judgment of my learned brother Justice Surendra Kumar Sinha. Surendra Kumar Sinha J.- Contempt, in the legal acceptability of the term, primarily signifies disrespect to that which is entitled to legal regard; but as a wrong purely mora...... most important. Every superior Court of record has authority to fine and imprison for contempt of its authority; an inferior Court of record can only commit for contempts committed in open Court, in facie curice." 21. According to Jowitt, Dictionary of English Law, a Court of Record means; 'A......m that of an accused person under the criminal law which presumes his innocence, and places the entire burden upon the accuser to establish his accusation. Here, the words by themselves place the onus upon the person charged, provided that they are prima facie defamatory, or special circumstance..Category: Criminal Law | Date: | Hits: 163
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....e of Hari Pada Dutta Vs. Jay Gopal Mukherjee 39 CWN 934 in which their Lordships Rankin CJ and Person, J. have held that a summons sent by registered post and returned with the endorsement refused is prima facie evidence that the addressee had an opportunity to accept it and the service, thus effect......ari Pada Dutta Vs. Jay Gopal Mukherjee 39 CWN 934 in which their Lordships Rankin CJ and Person, J. have held that a summons sent by registered post and returned with the endorsement refused is prima facie evidence that the addressee had an opportunity to accept it and the service, thus effected, is......oner submits that a letter issued under registered cover is presumed to be delivered unless proved otherwise by the addressee but the learned Appellate Judge committed an error of law in shifting the onus on him, instead of on the respondent-opposite party No. 1. He relies in this respect on section..Category: Trust/Waqf Law | Date: | Hits: 189
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
....on Case No. 3 dated 24-6-90 was started and police took up investigation and after holding inquiry submitted charge-sheet against the accused appellant under sections 302/201 of the Penal Code, since prima facie case was made out against him. 3. The case record ultimately came to the file of the ......e No. 3 dated 24-6-90 was started and police took up investigation and after holding inquiry submitted charge-sheet against the accused appellant under sections 302/201 of the Penal Code, since prima facie case was made out against him. 3. The case record ultimately came to the file of the learne...... 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: 51 DLR (1999) 544...Category: Criminal Law | Date: | Hits: 32
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....the documents necessary for the transfer of the shares have been filed and none has challenged that those documents are forged or spurious. 35. From the papers, it appears that, the petitioner has prima facie title to the share in question and without any delay he filed all the necessary papers a......cuments necessary for the transfer of the shares have been filed and none has challenged that those documents are forged or spurious. 35. From the papers, it appears that, the petitioner has prima facie title to the share in question and without any delay he filed all the necessary papers and doc......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530...Category: Company Law | Date: | Hits: 194
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510....... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......e does not know whether the defendant is a tenant or not under the plaintiff. The learned judge has also observed that the defendant did not adduce any evidence in order to prove the tenancy although onus heavily lies on the plaintiff to prove whether the defendant is his tenant or not. DW 2 stated ..Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....hall revert back to the person whom it emanated from, in the event the money does not for any reason, reach the said defendant. Mr. Mahmud argued that the plaintiff/appellant has failed to make out a prima facie case, submitting further that as per the decision reported in 33 DLR (AD) 298, to make a......evert back to the person whom it emanated from, in the event the money does not for any reason, reach the said defendant. Mr. Mahmud argued that the plaintiff/appellant has failed to make out a prima facie case, submitting further that as per the decision reported in 33 DLR (AD) 298, to make a lette......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....d 12‑12‑1983 was registered under sections 302/34/307 of the Penal Code. 4. After investigation the police found no case was established against said Giasuddin or his son. Rather, they found a prima facie case against the informant Joynab Begum and her husband Abdur Rouf and accordingly, subm......‘12‑1983 was registered under sections 302/34/307 of the Penal Code. 4. After investigation the police found no case was established against said Giasuddin or his son. Rather, they found a prima facie case against the informant Joynab Begum and her husband Abdur Rouf and accordingly, submitted ...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..Category: Criminal Law | Date: | Hits: 44
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ......g any right or interest in the said property must prove that the property is not an abandoned property in accordance with law and the vesting of it under PO 16 of 1972 has affected his/her right. The onus is absolutely on the person claiming the property and not on the Government. In other words, it..Category: Property Law | Date: | Hits: 65
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
.... investigation the investigation officer submitted charge sheet No. 112 dated 25.12.2002 against 7(seven) accused persons including the appelÂlants under Section 302/201/34 of the Penal Code since a prima-facie case was made against the accused persons under the aforesaid sections. 4. The case r......tigation the investigation officer submitted charge sheet No. 112 dated 25.12.2002 against 7(seven) accused persons including the appelÂlants under Section 302/201/34 of the Penal Code since a prima-facie case was made against the accused persons under the aforesaid sections. 4. The case record ......f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013...Category: Criminal Law | Date: | Hits: 46
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