Search Options
Judgment Advanced Search
Displaying 1181-1200 of 1543 results.
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....se notice and thereafter issued the second show cause notice. The High Court Division further held that admission into B. Ed Course in not an offence rather it should he encouraged and so a strong prima facie case being made out in support of the prayer for temporary injunction the appellat......tice and thereafter issued the second show cause notice. The High Court Division further held that admission into B. Ed Course in not an offence rather it should he encouraged and so a strong prima facie case being made out in support of the prayer for temporary injunction the appellate Cour......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ..Category: Employment/Service Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....dant No.1 has filed S.A. records marked as exhibits Kha to Kha (8) and also filed 26 dakhilas marked as exhibits Uma to Uma (29) and the above S.A. records and rent receipts manifestly indicate the prima facie possession of the defendant No.1 in the suit jotes and further the defendant No.1 sold 2......o.1 has filed S.A. records marked as exhibits Kha to Kha (8) and also filed 26 dakhilas marked as exhibits Uma to Uma (29) and the above S.A. records and rent receipts manifestly indicate the prima facie possession of the defendant No.1 in the suit jotes and further the defendant No.1 sold 2.65 ac......ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469...Category: Property Law | Date: | Hits: 42
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....not forthcoming. The trial Court disbelieved the other three witnesses for the plaintiff for making contradictory statements. The trial Court held that the plaintiff did not discharge the primary onus to prove that the impugned deeds were not executed by him. The suit was not maintainab......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......hcoming. The trial Court disbelieved the other three witnesses for the plaintiff for making contradictory statements. The trial Court held that the plaintiff did not discharge the primary onus to prove that the impugned deeds were not executed by him. The suit was not maintainable with..Category: Property Law | Date: | Hits: 34
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....r imprisonment for life. In criminal Petition for leave to appeal No.29 of 1994 this Division approved the observation of the High Court Division while dismissing the petition that there is strong prima facie case against the accused respondents under different sections including section 30......risonment for life. In criminal Petition for leave to appeal No.29 of 1994 this Division approved the observation of the High Court Division while dismissing the petition that there is strong prima facie case against the accused respondents under different sections including section 302 of t......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..Category: Criminal Law | Date: | Hits: 44
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....he appellant to recover its dues has been seriously affected by the impugned judgment and order. 6. Mr. T. H. Khan, learned Counsel, appearing for the respondent No.1 submitted that it was a prima-facie case that the defendant Nos.1 and 2 who imported the two buses in question by opening Le......ellant to recover its dues has been seriously affected by the impugned judgment and order. 6. Mr. T. H. Khan, learned Counsel, appearing for the respondent No.1 submitted that it was a prima-facie case that the defendant Nos.1 and 2 who imported the two buses in question by opening Letter o......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......d building and has not vested in the Government under President's Order No.16 of 1972 or that his right or interest in the building has not been affected by the provisions of that Order and so the onus, therefore, is squarely on the claimant of the building to prove that the building is not ..Category: Property Law | Date: | Hits: 30
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... lodging the F.I.R. invariably suggests manipulation, embelishment and concoction of the prosecution case and accordingly it reacts on the whole prosecution case. Delay therefore puts a very heavy onus on the prosecution to prove the guilt of the accused to the hilt by corroboration of evidence ..Category: Criminal Law | Date: | Hits: 58
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......f six months. Accordingly the High Court Division found 15 days notice is not legal and proper. The High Court Division found that the evidence of P. W 2 indicate that lease of the plaintiff is prime facie not a legal lease and in such a situation mere a suit for ejectment is not sufficient. The pla......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....nd others reported in 6 BLD (AD) 245 has observed that according to Hanafi School, father is entitled to the Hizanat or custody of the son over 7 years of age. This rule is recognition of the prima facie claim of the father to the custody of the son who has reached 7 years of age, but this......ers reported in 6 BLD (AD) 245 has observed that according to Hanafi School, father is entitled to the Hizanat or custody of the son over 7 years of age. This rule is recognition of the prima facie claim of the father to the custody of the son who has reached 7 years of age, but this rule ......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
.... plaintiff respondents have admitted that there are two storied pucca buildings, and dilapidated building in the suit land and as such on this score also the claim of the plaintiff respondents prima facie appears to be not covered by Section 6 of the Act. 16. The learned Advocate app......tiff respondents have admitted that there are two storied pucca buildings, and dilapidated building in the suit land and as such on this score also the claim of the plaintiff respondents prima facie appears to be not covered by Section 6 of the Act. 16. The learned Advocate appearing......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....n evidence decreed the appellants suit setting aside the decree of the partition suit, among other things, on the following grounds; that plaintiff of the partition suit totally failed to prove his prima facie title to the suit land by any settlement, that three of the defendants having died and......nce decreed the appellants suit setting aside the decree of the partition suit, among other things, on the following grounds; that plaintiff of the partition suit totally failed to prove his prima facie title to the suit land by any settlement, that three of the defendants having died and others......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......ence to show that it is not in fact an "admission' but is the result of bonafide mistake of fact. The appellate Court left the issue undecided by a simple observation that "since the onus lies on the petitioner (Pre-emptor) to prove it and he failed to prove it the benefit of doubt..Category: Property Law | Date: | Hits: 35
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......parties: 1919 All. 450 (19), 1924 All; 897(20) and observations in 1921 P.C.8 (16)." In Akamat Ali vs. Abdul Hai (1956) 8 DLR 679=PLD 1957 Dhaka 165 it was held that the onus to prove validity of registration shifts on the person relying on the document. 11. In ..Category: Property Law | Date: | Hits: 36
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......as missed by both the Courts below. The written statements of respondent No.1 show that respondent No.1 was trying to get the benefit of its own fraud. The lower appellate court wrongly shifted the onus of proving genuineness of the transaction upon respondent No.1 to prove the fraud as set ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....er section 23 of the Contract Act inasmuch as the same is opposed to the public policy particularly when the transaction is with the Government". He, therefore, found that the appellant had a prima facie case for granting temporary injunction. The grant of injunction by the learned Sub......tion 23 of the Contract Act inasmuch as the same is opposed to the public policy particularly when the transaction is with the Government". He, therefore, found that the appellant had a prima facie case for granting temporary injunction. The grant of injunction by the learned Subordina......ost: Tk. 95, 22,490/- 4. Earnest money: Tk. 1, 90, 450/-In favour of E.E. (RHD) Dhaka. Constn, Road Division III in bank draft from any Schedule Patra. 5 years Bangladesh Sanchay Patra and Bonus Sanchay Patra. 5. Time allowed: Up to 30th June, 198. 6. Last date of Receipt ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......hen a suit for specific performance of contract was pending in violation of Section 5 of the Ordinance 54 of 1985 and as such the action of the respondent No.1 in the matter of enlistment is found ex facie illegal." 10. Leave was granted to consider the submissions that in a case before the Cour......legal." 10. Leave was granted to consider the submissions that in a case before the Court of settlement the initial presumption is that the enlisted building is an abandoned property and that the onus lies on the claimant to show that it is not an abandoned property. The onus will be discharged ..Category: Property Law | Date: | Hits: 40
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ...... petitioner. 5. Mr. Farooq Ahmed, the learned Advocate appearing for the petitioner, submits that the high Court Division committed an error in making the Rule absolute considering that onus was upon the defendant to prove that the plaintiff as a pardanashin lady was aware of the dee..Category: Procedural Law | Date: | Hits: 77
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......is a bar for inclusion of such property as an abandoned property and whether the High Court Division misdirected itself in law in deciding the writ petition in not considering the question that the onus to prove that the property in question was not an abandoned property was squarely upon the cl..Category: Property Law | Date: | Hits: 38
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....t an enquiry by an Enquiry Committee to be set up by the Syndicate in which opportunity shall be provided to the teacher and officer concerned to represent his case. (4) If a prima facie case is established against the employee concerned as a result of the enquiry, ...... enquiry by an Enquiry Committee to be set up by the Syndicate in which opportunity shall be provided to the teacher and officer concerned to represent his case. (4) If a prima facie case is established against the employee concerned as a result of the enquiry, a Trib...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ..Category: Employment/Service Law | Date: | Hits: 69
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....aining the defendants from accepting tender for leasing out the suit beels for the years 1404-1406 B.S. in as much as the plaintiff having no subsisting right to the suit fisheries has no prima facie case for injunction. Secondly, whether the question of convenience and inconvenien...... the defendants from accepting tender for leasing out the suit beels for the years 1404-1406 B.S. in as much as the plaintiff having no subsisting right to the suit fisheries has no prima facie case for injunction. Secondly, whether the question of convenience and inconvenience for......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ..Category: Property Law | Date: | Hits: 34
33433339332633233300325332483240322532243222322132143206320432003174317231683165