Search Options
Judgment Advanced Search
Displaying 1281-1300 of 1543 results.
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....n the parties. The other appeal being Title Appeal No. 145 of 1965 arising out of Title Suit No. 134 of 1964 was dismissed by the appellate court upon findings, inter alia, that the plaintiffs having prima facie title to the suit property the defendants are monthly tenants in respect thereof under t......parties. The other appeal being Title Appeal No. 145 of 1965 arising out of Title Suit No. 134 of 1964 was dismissed by the appellate court upon findings, inter alia, that the plaintiffs having prima facie title to the suit property the defendants are monthly tenants in respect thereof under the pla...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..Category: Property Law | Date: | Hits: 34
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
.... 9. Delay for. 3 days (33 days-30 days=3 days. 24. In the instant case there is no denial that memorandum of appeal being filed on 19.03.2005 it was filed prima facie within time being filed within 30 days of the date of the order passed by the Artha Rin ...... 9. Delay for. 3 days (33 days-30 days=3 days. 24. In the instant case there is no denial that memorandum of appeal being filed on 19.03.2005 it was filed prima facie within time being filed within 30 days of the date of the order passed by the Artha Rin Adalat......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......hat the petitioners purchase of the property has not been affected by the provision of Presidents Order No.16 of 1972. Admittedly, the property has been listed as an abandoned property. Thus onus lies upon the petitioner to rebut the presumption, provided in subs-section (2) of section 5 t..Category: Property Law | Date: | Hits: 41
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....n 1 BCR (1981) 126 it has been held that before the plaintiff can be given a declaration that a decree or kabala is fraudulent and not binding upon her, it is not enough for her just to make out a prima facie case that she has right title and interest in the suit property but she has to prove th......CR (1981) 126 it has been held that before the plaintiff can be given a declaration that a decree or kabala is fraudulent and not binding upon her, it is not enough for her just to make out a prima facie case that she has right title and interest in the suit property but she has to prove that she......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..Category: Property Law | Date: | Hits: 33
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
.... Jalmahal. It is fact that the present petitioner has no lease order after 1409 B.S. The settled principle of law is that in order to get an order of temporary injunction the plaintiff must have a prima facie and arguable case. In this case it is clear that the plaintiff-petitioner has no right ......er institution of Title Suit No.44 of 2000 and in the above facts, the cancellation of the lease by the respondent No.3 for non payment of the lease money for the years 1395 B.S. to 1401 B.S. is ex-facie, illegal and malafide and non-consideration of the same by the High Court Division led to err......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..Category: Property Law | Date: | Hits: 50
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ......7.10.2003 issued by the Inspector General of Police (Acting) in purported exercise of power under Section 9(2) of the Public Servants (Retirement) Act, 1974 on 11.10.2003. The impugned order is ex-facie illegal and void, because the power under Section 9(2) of the Public Servants (Retirement) A...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..Category: Administrative Law | Date: | Hits: 120
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......nd which was set at naught by the High Court Division was that the notices under section 17(1) of the Act being issued at the dictate and direction of Bangladesh Bank, its superior authority, were ex facie illegal. Besides, the High Court Division had made certain comments about the nature of Writ a......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
.... 1881 (Act No. XXVI of 1881); section 138 After issuance of cheque by any person in favour of drawer the subsequent act of the person drawing the cheque in stopping the cheque does not absolve him prima facie of an alleged offence that without having sufficient fund in the account he has issued s......(Act No. XXVI of 1881); section 138 After issuance of cheque by any person in favour of drawer the subsequent act of the person drawing the cheque in stopping the cheque does not absolve him prima facie of an alleged offence that without having sufficient fund in the account he has issued such a ......made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 138
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
....s named in the naraji petition. Against this order, Revision is pending from 1999 and by this time 13 years have elapsed. It appears that learned Sessions Judge on the materials on record, found a prima facie case against the accused petitioner and thereafter, directed for taking cognisance agai......d in the naraji petition. Against this order, Revision is pending from 1999 and by this time 13 years have elapsed. It appears that learned Sessions Judge on the materials on record, found a prima facie case against the accused petitioner and thereafter, directed for taking cognisance against th...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..Category: Criminal Law | Date: | Hits: 50
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......No. Sha: Ma: (Ain-1) Ja, Kha, Bi: 1/07/ (Angsha-5)/712 dated 16-7-2007 issued by the respondent No. 2. This memo of approval has been challenged in the writ petition as being illegal, malafide and ex facie void because the instant case does not come within the cope of the said SRO. 13. It was fu......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....owner and possessor of the land in suit transferred the same to plaintiff on May 11, 1978. In the background of the aforesaid findings and decisions the appellate Court held that the plaintiff had prima facie title and exclusive possession in the land in suit and that fact of possession of the p......and possessor of the land in suit transferred the same to plaintiff on May 11, 1978. In the background of the aforesaid findings and decisions the appellate Court held that the plaintiff had prima facie title and exclusive possession in the land in suit and that fact of possession of the plainti......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 42
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....n the High School and that said instructions are under challenge in Court and, as such, upon placing reliance on those materials appellate Court was not justified in holding that the plaintiff has prima facie case as well as arguable case in support of its prayer for temporary injunction is of n......High School and that said instructions are under challenge in Court and, as such, upon placing reliance on those materials appellate Court was not justified in holding that the plaintiff has prima facie case as well as arguable case in support of its prayer for temporary injunction is of no meri...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......is burden could be discharged by the Government, then of course, it shifts or reverts to the petitioner to prove that the property is not an abandoned property.The Court of Settlement misplaced the onus upon the petitioner to prove that the whereabouts of the original owner was not known to the go..Category: Property Law | Date: | Hits: 37
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....d to dispossess the plaintiffs from the suit land. 4. The learned Senior Assistant Judge, on consideration of the materials on record, though found that the plaintiffs failed to prove their prima facie title and possession over 2.70 acres of land in plot No. 1222 but succeeded in proving ......ispossess the plaintiffs from the suit land. 4. The learned Senior Assistant Judge, on consideration of the materials on record, though found that the plaintiffs failed to prove their prima facie title and possession over 2.70 acres of land in plot No. 1222 but succeeded in proving their ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
...., namely the Munsif Magistrate. The UNO no doubt was vested with the powers of a Magistrate, First Class, and as such he is competent to record statements of witnesses under section 164 CrPC; but his primary duty is that of the Chief Executive Officer of the Upazila Bureaucracy. Judicial duties ar......sprudence signifies a reasonable doubt. Can a Court of law reject the ocular, corroborative and substantial evidence and other attending facts and circumstances as in the present case which is ex facie trustworthy on mere grounds which are fanciful or based on conjecture and surmises? I am tempt......o be guilty. It is needless for Mr Abdul Malek to remind me of this basic fundamental of criminal jurisprudence. It is well settled that a duty is cast upon the prosecution to prove its case and no onus lies on the defence. Thus, he submits that at least benefit of doubt should go to the appellant..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... order or suspension, that certain allegations of momentary irregularities, taking unreasonable advanced and keeping them unadjusted and temporary misappropriation of funds, had been prima facie proved. Thereafter the petitioner moved the High Court in its writ jurisdiction a...... or suspension, that certain allegations of momentary irregularities, taking unreasonable advanced and keeping them unadjusted and temporary misappropriation of funds, had been prima facie proved. Thereafter the petitioner moved the High Court in its writ jurisdiction against...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....endant Nos.2 and 3. The learned Counsel lastly submitted that the rent in respect of the land in suit having been paid by the defendants and in support thereof rent receipts having been filed which prima facie show that the defendants are in possession of the land and that claim of possession mad...... Nos.2 and 3. The learned Counsel lastly submitted that the rent in respect of the land in suit having been paid by the defendants and in support thereof rent receipts having been filed which prima facie show that the defendants are in possession of the land and that claim of possession made by ......tted that the fact of auction sale and the auction purchase have been established by the Exhibits 1 and 2 which have presumptive value of genuineness being more than 30 years old and, as such, the onus was on the defendants to dislodge the presumptive value of the Exhibits 1 and 2 and they ..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....costs". The decree passed by the trial Court was to the effect: Bangla………….. 3. The Other Suit No. 136 of 1996 was filed seeking the relief primarily: Bangla………….. 4. It may be mentioned that respo......rty Act overlooking the position of law that after passing of the compromise decree, the defendant Nos. 1 and 2 cannot press in the provision of section 53 A of the Transfer of Property Act when ex facie defendant Nos. 1 and 2 defaulted in making payment in terms of compromise decree for long ove......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....f 2003 under Section 120 B/302/34 of the Penal Code was started against the accused persons. Thereafter one Sub-Inspector of Police made a proper investigation of the case and thereafter found prima-faice case made out submitted charge-sheet against 15 accused-persons including the leav......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... of Hari Pada Dutta Vs. Joy Gopal Mukherjee reported in 39 CWN 934 and therein it has been observed "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......i Pada Dutta Vs. Joy Gopal Mukherjee reported in 39 CWN 934 and therein it has been observed "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......ion in revisional jurisdiction and obtained Rule. 7. The High Court Division made the Rule absolute on the finding "The respondent opposite party No.1 failed to discharge his onus that inspite of issuing the summons through registered post with acknowledgement due, as ..Category: Trust/Waqf Law | Date: | Hits: 266
24252420241724062405240423802368236723602344233123182312230823052304230222942291