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Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)
....rther large numbers of Muslim families are also living within the boundaries of the suit land. The balance of convenience and inconvenience is in favour of the defendants and the plaintiffs have no prima facie case, besides the suit land is totally unspecified. The plaintiff claimed only 1.63 ac......large numbers of Muslim families are also living within the boundaries of the suit land. The balance of convenience and inconvenience is in favour of the defendants and the plaintiffs have no prima facie case, besides the suit land is totally unspecified. The plaintiff claimed only 1.63 acre of ......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ..Category: Property Law | Date: | Hits: 44
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....ssed by the local Municipality and the same awaits only completion; that the construction in no way would change the nature and character of the suit property; that the plaintiffs-petitioners have no prima facie case and that the balance of convenience and inconvenience is in favour of the defenda......y the local Municipality and the same awaits only completion; that the construction in no way would change the nature and character of the suit property; that the plaintiffs-petitioners have no prima facie case and that the balance of convenience and inconvenience is in favour of the defendant opp......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......he preemptor of the case, ignored the transfer for about 3 years but filed the case after statutory period of limitation and in such circumstances, heavy burden lies on the preemptor to discharge the onus of proof about his knowledge of the transfer of the case land but in this particular case faile..Category: Property Law | Date: | Hits: 36
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....s fixed for distribution of nomination papers and 16-7-2001 was fixed for scrutiny and 17-7-2001 was fixed for withdrawal and election was to be held. Since there was only one panel for the posts the primary result was declared on 17th of July, 2001 but they did not publish the final result because ......ntemners respondent Nos. 2 and 3 in the matter of preparation of the voter list and holding of the election have been done by them in their official capacity as government servant and therefore prima facie it appears to us that any order passed by them in official capacity is amenable before this Co......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....cer seized the alamats and examined the witnesses under Section 161 of the Code of Criminal Procedure and prepared sketch map of the place of occurrence together with the index. Thereafter, finding prima facie case against the accuseds under Sections 147/148/149/448/323/324/302/379/411 of the Pena......ized the alamats and examined the witnesses under Section 161 of the Code of Criminal Procedure and prepared sketch map of the place of occurrence together with the index. Thereafter, finding prima facie case against the accuseds under Sections 147/148/149/448/323/324/302/379/411 of the Penal Code......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ..Category: Criminal Law | Date: | Hits: 40
Sayed and others Vs. State, 2009, 38 CLC (AD)
....used and unused cartridges. Then on recording the evidences he submitted charge sheet against the convicts along with other accused under Sections 147/148/149/ 326/302/34/109 of the Penal Code, since prima-facie case was made out against them. 3. The defence case is that there was a free fight be......nd unused cartridges. Then on recording the evidences he submitted charge sheet against the convicts along with other accused under Sections 147/148/149/ 326/302/34/109 of the Penal Code, since prima-facie case was made out against them. 3. The defence case is that there was a free fight between ......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..Category: Criminal Law | Date: | Hits: 26
.... but only made oral submissions. So, it is abundantly clear that the Court of Settlement dismissed the case and refused to exclude the holding based on no materials in favour of the Government. So, prima-facie the judgment and order of the Court of Settlement is illegal; that in view of its afores......nly made oral submissions. So, it is abundantly clear that the Court of Settlement dismissed the case and refused to exclude the holding based on no materials in favour of the Government. So, prima-facie the judgment and order of the Court of Settlement is illegal; that in view of its aforesaid ow......he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
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Category: Property Law | Date: | Hits: 41
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
.... has not caused a tremendous monetary loss to the defendants. At the moment the need of the defendants is far greater than that of the plaintiff. In the circumstances, the plaintiff fails to make any prima facie case for interlocutory injunction. The balance of convenience and inconvenience is also ......ot caused a tremendous monetary loss to the defendants. At the moment the need of the defendants is far greater than that of the plaintiff. In the circumstances, the plaintiff fails to make any prima facie case for interlocutory injunction. The balance of convenience and inconvenience is also greatl......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......to the pre-emptee. The Appellate Division observed, “In this case admittedly the application for pre-emption was after 7 years of transfer and a heavy burden lies on the pre-emptor to discharge the onus of proof that he filed the case within four months from the date of his knowledge. The pre-empt..Category: Property Law | Date: | Hits: 37
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....r thereafter, It is also asserted by the respondent No. 5 that a writ petition being petition No. 674 of 1988 was filed by the petitioner on the self-same allegations but as he could not make out any prima facie case for issuance of a Rule, the said petition was summarily rejected by this Hon'ble Co......eafter, It is also asserted by the respondent No. 5 that a writ petition being petition No. 674 of 1988 was filed by the petitioner on the self-same allegations but as he could not make out any prima facie case for issuance of a Rule, the said petition was summarily rejected by this Hon'ble Court fo......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......in the said LA Case.
10. Therefore, we find substance in the submission of the learned Advocate for the petitioner that the impugned order has been issued without any lawful authority and it is ex facie illegal and cannot be sustained in law.
Consequently, the present Writ Petition succeeds an......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448...
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... argued that there is no ingredients of section 406 in the present case but it is open to the court to amend the charge at any stage of the trial even before pronouncement of the judgment and since a prima facie criminal offence is disclosed in the present case we are not inclined to quash the proce......d that there is no ingredients of section 406 in the present case but it is open to the court to amend the charge at any stage of the trial even before pronouncement of the judgment and since a prima facie criminal offence is disclosed in the present case we are not inclined to quash the proceeding ...... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445...Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....at Ali Vs. Mofizuddin Majhi and others reported in 37 DLR 231. Mr. Shahid further submits that from the ‘B’ schedule to the plaint it appears the properties of India have not been described which prima facie shows that the alleged property in India has not been exchanged with the ‘A’ schedul...... Vs. Mofizuddin Majhi and others reported in 37 DLR 231. Mr. Shahid further submits that from the ‘B’ schedule to the plaint it appears the properties of India have not been described which prima facie shows that the alleged property in India has not been exchanged with the ‘A’ scheduled pro......led the registered power of Attorney as the basis of their possession in the suit land and when the contesting defendant challenged the said power of Attorney and the exchange in pursuant he had some onus to prove assertions to his case of living in Bangladesh and possession in the suit land which h..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....will file a case against them. On receipt of the complaint the learned Special Judge sent the case to the District Anti-Corruption Officer for inquiry and report who submitted a report on being found prima facie case against the petitioners under sections 161/342 of the Penal Code read with section ......ile a case against them. On receipt of the complaint the learned Special Judge sent the case to the District Anti-Corruption Officer for inquiry and report who submitted a report on being found prima facie case against the petitioners under sections 161/342 of the Penal Code read with section 5(2) o......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436...Category: Criminal Law | Date: | Hits: 62
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ner filed the first Writ Petition No. 2718 of 2001 but in the impugned order of the first Writ Petition it was clearly mentioned that the allegations of evading taxes and on preliminary investigation prima facie case was established and as such, the petitioner was asked to pay taka 1,00,50,799 and i......led the first Writ Petition No. 2718 of 2001 but in the impugned order of the first Writ Petition it was clearly mentioned that the allegations of evading taxes and on preliminary investigation prima facie case was established and as such, the petitioner was asked to pay taka 1,00,50,799 and in orde......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
....osed. 6. It appears that on the basis of the first information report lodged by the informant petitioner the case was started on 16-1-96 over the murder of her husband and the police finding out a prima facie case submitted charge-sheet on 14-10-96 against the accused-opposite parties. It appears...... 6. It appears that on the basis of the first information report lodged by the informant petitioner the case was started on 16-1-96 over the murder of her husband and the police finding out a prima facie case submitted charge-sheet on 14-10-96 against the accused-opposite parties. It appears from ...... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418...Category: Criminal Law | Date: | Hits: 33
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....nd the defendant appellant, with malafide motive, started production and marketing of the soap using the trade mark Ghadi and so the learned Subordinate Judge having found that the plaintiff showed a prima facie case and the balance of convenience and inconvenience is also in favour of the plaintiff...... defendant appellant, with malafide motive, started production and marketing of the soap using the trade mark Ghadi and so the learned Subordinate Judge having found that the plaintiff showed a prima facie case and the balance of convenience and inconvenience is also in favour of the plaintiff, righ......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...Category: Intellectual Property Law | Date: | Hits: 200
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....de by him on behalf of his principal. The general rule as regards an agent is that where person contracts as agent for a principal the contract is the contract of the principal and not that of agent; prima-facie as common law the person who may be sued is the principal and the only person who can be......him on behalf of his principal. The general rule as regards an agent is that where person contracts as agent for a principal the contract is the contract of the principal and not that of agent; prima-facie as common law the person who may be sued is the principal and the only person who can be sued ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..Category: Business or Commercial Law | Date: | Hits: 212
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......ce of transfer was served upon the pre‑emptor. In the case of Hajera Khatun vs. Noor Jahan Begum reported in 35 DLR 238 it has been held that when no notice of 'transfer is served on the co-sharer, onus of proving date of transfer does not lie on the co-sharer. It appears that the pre-emptee was i..Category: Property Law | Date: | Hits: 39
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....Division and then subsequent withdrawal of the same on the plea that the same was passed improperly without following proper procedure and praying for discharging the Rule as being infructuous showed prima facie mala fide of the BTRC, a statutory authority in performing its functions. He submitted t......f 2001. The petitioners' application dated 6‑5‑2003 filed to the BTRC was thus misconceived and was like putting the cart before the horse. The position of law being such, the Writ Petition is ex-facie misconceived, devoid of any cause of action and not maintainable in the eye of law. The impugn......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
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