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Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......ther striking fact is that accused petitioner at no point of time denied his signature on the cheque. Since the accused did not deny his signature, as such, the accused must have to discharge the onus as to why he signed the cheque when the cheque was delivered/given to the complainant. A..Category: Criminal Law | Date: | Hits: 50
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....he ACC Rules, 2007, sub-rule (7) of Rule 17 of said Rules requires further proceedings to be stopped if the allegations of acquisition of property disproportionate to known source of income are not prima facie proved in an enquiry held under sub-rule (5). 6. It further appears that there is no ...... Rules, 2007, sub-rule (7) of Rule 17 of said Rules requires further proceedings to be stopped if the allegations of acquisition of property disproportionate to known source of income are not prima facie proved in an enquiry held under sub-rule (5). 6. It further appears that there is no provi......ove, 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: 15 BLC (AD) (2006) 183. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......been admitted into evidence in to evidence in utter violation of the mandatory provision contained in section 509(A) 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 exceptions ..Category: Criminal Law | Date: | Hits: 30
....ion and the impugned order of the learned trial Court and affidavit in opposition filed by the defendant-petitioner for vacating the order of stay. On careful scrutiny of the entire matters on record prima facie we find that the learned lower Court while considering the case of both sides has failed......d the impugned order of the learned trial Court and affidavit in opposition filed by the defendant-petitioner for vacating the order of stay. On careful scrutiny of the entire matters on record prima facie we find that the learned lower Court while considering the case of both sides has failed to co......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
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Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......in its affidavit‑in‑opposition annexes rebuttal materials to show that the prevalent international market price of any particular item is approximate to the impugned tariff value, the question of onus fades into insignificance and the High Court Division is then free to decide on the basis of do..Category: Fiscal/Taxation Law | Date: | Hits: 56
....yed therein, if applied to foreign arbitrations, would, on the above view, affect the vires of the Act and place it beyond the legislative competence and powers of the enacting legislature, the above prima facie construction of section 34 would have to be rejected.”
On the above view and reason......r relating to the alleged contracts on the basis of which the Award was given.
e. declaration that ex parte Award dated 22-10-92 given by the defendant No. 3 in favour of the defendant No. 1 is ex facie illegal, without jurisdiction, void and malafide and has no legal basis nor the same can be ex......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ...... and a Shikriti Patra dated 26- 2-1997 with his admitted signature. 4. The learned Senior Assistant Judge rejected the said application. In recording rejection the learned Judge took the view that onus of proving documents are upon that party who produces those and opinion of the handwriting expe..Category: Family Law | Date: | Hits: 185
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
.... submits that the learned District Judge committed an error of law resulting in an error in his decision occasioning failure of justice in not properly adverting to the trial Courts finding regarding prima facie and arguable case of the plaintiffs and balance of convenience and inconvenience of the ......ts that the learned District Judge committed an error of law resulting in an error in his decision occasioning failure of justice in not properly adverting to the trial Courts finding regarding prima facie and arguable case of the plaintiffs and balance of convenience and inconvenience of the partie......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...Category: Property Law | Date: | Hits: 21
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....ে পারিবে।" 9. It appears from section 5 that the Tribunal shall hold trial of only those cases, which would be transferred by the Government through Gazette Notification. There is prima facie, no hide and seek in making the transfer of the case. In section 6 it has been provided ......ারিবে।" 9. It appears from section 5 that the Tribunal shall hold trial of only those cases, which would be transferred by the Government through Gazette Notification. There is prima facie, no hide and seek in making the transfer of the case. In section 6 it has been provided that t......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....laint, the learned Magistrate, 1st Class, Court No. 1, Nilphamari by his order dated 6‑11‑1996 sent the same to the Officer-in-Charge, Nilphamari Police Station to start a regular case on finding prima facie materials. On 14‑11‑1996 the Officer-in-Charge of Nilphamari Police Station endorsed...... the learned Magistrate, 1st Class, Court No. 1, Nilphamari by his order dated 6‑11‑1996 sent the same to the Officer-in-Charge, Nilphamari Police Station to start a regular case on finding prima facie materials. On 14‑11‑1996 the Officer-in-Charge of Nilphamari Police Station endorsed the s......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
....11‑2002 and it was not possible to determine or ascertain the degree of pollution within a day. The report was submitted on 16‑11‑2002 and on that very date the impugned notice was issued which prima facie proves the mala fide and arbitrariness of the authority. After passing the impugned orde......002 and it was not possible to determine or ascertain the degree of pollution within a day. The report was submitted on 16‑11‑2002 and on that very date the impugned notice was issued which prima facie proves the mala fide and arbitrariness of the authority. After passing the impugned order the ......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
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Category: Environmental Law | Date: | Hits: 226
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......e same were not brought before us for our satisfaction. Since it is alleged by the learned Deputy Attorney-General that the certificates enclosed with the disputed returns were not in prescribed form onus is verily upon the claimant to prove the contention by producing those disputed certificates bu..Category: Fiscal/Taxation Law | Date: | Hits: 132
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75....... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75....... staff. 14. Admittedly, excepting P.W.1 no other witness was examined to prove that the plaintiff’s reputation suffered due to stoppage of the mill or failure to run the mill. In such a case the onus lies heavily on the plaintiff to prove that his reputation suffered or questioned due to the fa..Category: Civil Law | Date: | Hits: 72
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......and circumstances of the case and having regard to the facts that the President of the 2nd Ad hoc Governing Body was not nominated by the Board, as required by the Regulation, 2009, and thus was ex facie an illegal appointment. 8. We have considered the leave petition, impugned judgment and ord......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ..Category: Civil Law | Date: | Hits: 81
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....he removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.......oval of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading." ......ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ..Category: Civil Law | Date: | Hits: 87
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......erved, then within four months from the date of knowledge of such transfer, apply to the court for such portion or share to be transferred to himself or to themselves as the case may be, So, it is ex facie clear that one or more co-sharer tenants of the land in question may make an application for p......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....asonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must, in order to succeed, establish a prima facie case. He cannot on failure to do so, take advantage of the weakness of his adversary's c......le and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must, in order to succeed, establish a prima facie case. He cannot on failure to do so, take advantage of the weakness of his adversary's case. H......e and not upon the party who denies it. Moreover, 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 party on whom the onus of proof lies must, in order to succeed, establish a prima facie case. He cannot on failure to ..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
.... during the investigation arrested accused Roushan, who, upon questioning, admitted his guilt. He sent the accused to the Court for recording his statement under section 164 of the Code. Upon finding prima facie case he submitted the charge sheet against the accused. The witness also identified the ......g the investigation arrested accused Roushan, who, upon questioning, admitted his guilt. He sent the accused to the Court for recording his statement under section 164 of the Code. Upon finding prima facie case he submitted the charge sheet against the accused. The witness also identified the materi......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ...... reported in 1986 BLD 14 wherein it is held: "Contract.— Oral Contract is as valid as written contract—But in the matter of oral contract, once it is denied by one of the parties, a very heavy onus of proof lies on the other party in establishing its truth." 25. This view also receives sup..Category: Business or Commercial Law | Date: | Hits: 208
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....g his statement under section 164 of the Code of Criminal Procedure on 22-4-199. This witness testified that during investigation, he examined 10 witnesses as well as Doctor's certificate and found a prima facie case against the accused Gour Chandra Pal under section 5 of the Nari-o-Shishu Nirjatan ......statement under section 164 of the Code of Criminal Procedure on 22-4-199. This witness testified that during investigation, he examined 10 witnesses as well as Doctor's certificate and found a prima facie case against the accused Gour Chandra Pal under section 5 of the Nari-o-Shishu Nirjatan Daman ......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
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