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Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....the enquiry report makes findings in favour of the delinquent employee and the punishing authority disagrees with said findings and holds that the charges framed against the delinquent employee are prima facie proved, the punishing authority has to give some reasons why it disagrees with the find......quiry report makes findings in favour of the delinquent employee and the punishing authority disagrees with said findings and holds that the charges framed against the delinquent employee are prima facie proved, the punishing authority has to give some reasons why it disagrees with the finding of......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..Category: Employment/Service Law | Date: | Hits: 69
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......d the decree and dismissed the suit. 5. Leave was granted to consider as to whether the learned Judge of the High Court Division wrongly held that the learned S.C.C Judge had illegally shifted the onus of proof of service of notice under Section 106 of the Transfer of Property Act upon the defend..Category: Tenancy Law | Date: | Hits: 154
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ...... the Court of Settlement rejecting the prayer of the Respondent No. 1 for releasing the property from the list of abandoned buildings. The respondent Nos. 1 and 4 have sufficiently discharged the onus as requires by section 5(2) of Ordinance No. 54 of 1985. In the background of the discussi..Category: Property Law | Date: | Hits: 29
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ...... Rule absolute. 5. Leave was granted to consider the following:- "It is submitted by Mr. B. Hossain, learned Advocate-on-Record appearing for 'the petitioner that the onus being on the respondent to show that the property in question is not an abandoned property an..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......rs. He also has not denied Rajkumar Bhattacharjee and his brothers transferred .30 acres land in favour of the Ahmed Bepari. He has also stated, “Text in Bengali” In a civil litigation onus of prove does not remain constant as in criminal litigation. D.W.3 Md. Hyber Ali son of Jonab ..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....ral, who appeared for the respondent No. 1, found it difficult to oppose the Rule. 19. We are of the view that Annexure L to the leave petition and the certified copy produces before us prima facie shows that late Md. Serajuddin having transferred his title and interest in the p......ajuddin had no legal basis and that they succeeded in obtaining the impugned judgment and order by practicing the fraud upon the court. He submits further that the writ petition was not ex facie maintainable for the relief sought. The learned Additional Attorney General, appearing......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....been changed and the 3 cases records have been cancelled with malafide motive. This was beyond the scope of the enquiry. The bare allegations in the charge sheet as they were very simple and prima facie did not speak of corruption and as a matter of fact the O.Ps did not contest the case ......hanged and the 3 cases records have been cancelled with malafide motive. This was beyond the scope of the enquiry. The bare allegations in the charge sheet as they were very simple and prima facie did not speak of corruption and as a matter of fact the O.Ps did not contest the case assert......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..Category: Administrative Law | Date: | Hits: 94
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......bmits that this Division as well as the High Court Division in allowing remand against the settled principle of law as regard remand advanced the cause of the plaintiffs who failed to discharge their onus. In the background of our judgment the aforesaid submissions have no merit. The learned C..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......was without jurisdiction and file same was cancelled in Mutation Case No. 52 of 1986-87. Both the court of appeal below and the trial court on consideration of the materials on record held that the onus is on the defendant Nos.1 and 2 to show that the registered pattas of the year 1952-1953 ..Category: Property Law | Date: | Hits: 82
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... Court of second appeal is not competent to set aside a finding based on such comparison." 9. Drawing analogy of the aforesaid decision and also on the point shifting the onus Mr. Dutta emphatically argued that when the plaintiff totally denied the alleged signatu..Category: Property Law | Date: | Hits: 27
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....ces of the case and the materials collected and placed before the trial court at the time of hearing having not disclosed the alleged offences against the appellant we holed that there was no prima facie case to frame charge under the aforesaid sections of the Penal Code as well as of the E...... the case and the materials collected and placed before the trial court at the time of hearing having not disclosed the alleged offences against the appellant we holed that there was no prima facie case to frame charge under the aforesaid sections of the Penal Code as well as of the Explosi......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ..Category: Criminal Law | Date: | Hits: 47
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......6 but if the plaintiffs failed to prove this allegation of gunjaish then the actual pattani lands (7 kanis 5 gandas) of the land become unspecified portion of land in relation to R.S plots ........onus of proving this allegation of gunjaish lay solely upon the plaintiff's but the plaintiffs did ..Category: Property Law | Date: | Hits: 24
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....er, P.W. 2 and others and then lodged the ejahar (Exhibit-1) with the local police Station. 4. On receipt of post mortem report of deceased and after completion of investigation police found prima-face case and submitted charge-sheet against the convict-petitioner and thereafter the convi......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ..Category: Criminal Law | Date: | Hits: 55
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ...... in the following terms:- "Mr. A. F. Hasan Arif, learned Advocate for the plaintiff petitioner, submits that the High Court Division fell into an error of law in holding that the onus to prove lay upon the plaintiff inasmuch as the plaintiff being an infirm, illiterate and par..Category: Procedural Law | Date: | Hits: 87
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ...... the gazette notification in respect of the abandoned buildings to hold that the suit property is not an abandoned property. He further submits that High Court Division wrongly shifted the onus on the defendant petitioners without appreciating that the corporation holding Exhibit-5..Category: Property Law | Date: | Hits: 29
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....or 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 302 of ......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 the P......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: 1 ADC (2004)184. ..Category: Criminal Law | Date: | Hits: 35
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....ent which is not warranted by law and such confinement is illegal or improper detention. 5. Abdul Awal, learned Deputy Attorney General appearing for the respondents submits that there is strong prima-facie case against the accused respondent No. 2 and this is a case under Section 10(1)/30 of N......ich is not warranted by law and such confinement is illegal or improper detention. 5. Abdul Awal, learned Deputy Attorney General appearing for the respondents submits that there is strong prima-facie case against the accused respondent No. 2 and this is a case under Section 10(1)/30 of Nari-O-......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 34
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....egal bar against the institution or continuation of the said proceeding or whether the facts disclose an offence or not can only be determined on evidence being adduced. Since in this case, a prima facies case is disclosed in the petition of complaint and the matter is pending before the M......ar against the institution or continuation of the said proceeding or whether the facts disclose an offence or not can only be determined on evidence being adduced. Since in this case, a prima facies case is disclosed in the petition of complaint and the matter is pending before the Magistra......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ..Category: Criminal Law | Date: | Hits: 45
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ...... the instant suit land therefore, the High Court Division erred in law in setting aside the decree of the trial Court holding the suit as not maintainable; that impugned memo dated 06.04.1999 is ex facie, illegal and without jurisdiction and has not been issued in exercise of power under Section......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
.... 6,65,000/- and in such view of the fact it can not be said that no offence is disclosed against the accused petitioner under section 420/406 of the Penal Code. The FIR and charge sheet disclosed prima facie offence under section 420/406 of the Penal Code for which we are not inclined to quash......000/- and in such view of the fact it can not be said that no offence is disclosed against the accused petitioner under section 420/406 of the Penal Code. The FIR and charge sheet disclosed prima facie offence under section 420/406 of the Penal Code for which we are not inclined to quash the p......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ..Category: Criminal Law | Date: | Hits: 45
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