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Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ror in decreeing the suit on the aforesaid assertion of the facts and on the untenable plea and on the untenable ground that defendants were required to prove the same and thus wrongly shifted the onus on the defendants and thereby caused failure of justice, that because of the contradictor..Category: Property Law | Date: | Hits: 25
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... to shake off her responsibility in this contract by putting all the blame on her son and consequently decreed the suit. 27. The High Court Division as the first court of appeal dismissed the suit primarily on the ground that had she been present at the time of granting receipt Ext. 4 dated 1.7...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as to how he put his signature in the document, onus lies on the defendant to prove his part of the story. In the present case the plaintiff has pro..Category: Property Law | Date: | Hits: 50
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....can not have sustaining effect on final decree. 11. It may be mentioned at the time of the hearing of the appeal from amongst the aforementioned contentions the learned Counsel for the appellants primarily made submission on the question-of identity of the plaintiff as well as on the question ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... Mohammad Siddiqui from whom the defendants purchased the property in suit. The other contentions are of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appointed distributor was carrying on the business the plaintiffs have no prima facie case for injunction and as the balance of convenience and inconvenience is in favour of......rant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appointed distributor was carrying on the business the plaintiffs have no prima facie case for injunction and as the balance of convenience and inconvenience is in favour of the ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......sp; the findings and decisions as arrived at by he courts below and that the High Court Division did not take into consideration that the plaintiff respondent failed to discharge its initial onus as regards his alleged enjoyment and possession in the suit property inasmuch as the suit prop..Category: Property Law | Date: | Hits: 40
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....oceeding and the High Court Division by the impugned judgment and order made the Rule absolute. 3. Leave was granted to consider the submission that when a very strong prima facie case was made out in the first information report as to an offence punishable under sec......ng and the High Court Division by the impugned judgment and order made the Rule absolute. 3. Leave was granted to consider the submission that when a very strong prima facie case was made out in the first information report as to an offence punishable under sect......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 74
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......e High Court Division found on materials on record that the allegation to the effect that the plaintiffs period of employment was not satisfactory so as refuse to time-scale benefit is ex facie incredible and unworthily of any credence and even went on to observe that "does indeed......for causing loss to the bank on 30.11.1983; that the charges being proved, by letter dated 29.10.1988 he was punished; that he was not fit to be favored with time scale; that he is not entitled to bonus claimed for in view of letter of the Ministry of the Finance dated 12.11.1974 and letter of Ba..Category: Employment/Service Law | Date: | Hits: 136
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... Court in this respect. 7. Mr. T. H. Khan learned Senior Advocate appearing for the respondent Nos. 1 to 3 opposes the petition. He submits, inter alia, that the trial court finding a strong prima facie case warranting mandatory injunction passed the order in question. The High Cour...... in this respect. 7. Mr. T. H. Khan learned Senior Advocate appearing for the respondent Nos. 1 to 3 opposes the petition. He submits, inter alia, that the trial court finding a strong prima facie case warranting mandatory injunction passed the order in question. The High Court Divi...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......tion is bound to prove the charge beyond any shadow of doubt producing unimpeachable evidence and in the present case, according to the learned Counsel, the prosecution simply failed to discharge the onus and as such the order of conviction and sentence is liable to be set aside. 58. He further s..Category: Criminal Law | Date: | Hits: 213
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....redecessor was perfected under the Non-Agricultural Tenancy Act the suit for simple partition was not maintainable without a prayer for declaration of title to the suit land. The appellant has no prima facie title to the suit land and no legal possession therein within 12 years from the date o......ssor was perfected under the Non-Agricultural Tenancy Act the suit for simple partition was not maintainable without a prayer for declaration of title to the suit land. The appellant has no prima facie title to the suit land and no legal possession therein within 12 years from the date of fili......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... the High Court Division in revisional jurisdiction and obtained the Rule. 7. The High Court Division discharged the Rule on the finding that the trial Court decreed the suit wrongly placing onus upon the defendant to prove the kabala in question forged and fabricated although under the l..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ved back from the petitioner and the person who paid through petitioner-respondent No.1 to this petitioner, have got their shares accordingly but the High Court Division failed to appreciate that the onus lies on the petitioner-respondent to prove his case and to disprove the definite case of the re..Category: Banking Law | Date: | Hits: 185
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ........Appellant Vs. State………….Respondent Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 106 The onus of proof that it was the condemned prisoner and none else who killed his wife and daughter was..Category: Criminal Law | Date: | Hits: 71
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....sferor, but to the transferee, and, in their Lordships' opinion, it is clearly for the transferee to establish the circumstances which, will allow him to retain the benefit of transfer which prima facie he had no right to get. Further, the subsequent transferee is the person within whose ......, but to the transferee, and, in their Lordships' opinion, it is clearly for the transferee to establish the circumstances which, will allow him to retain the benefit of transfer which prima facie he had no right to get. Further, the subsequent transferee is the person within whose knowle......n of evidence on record. …………….(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must p..Category: Property Law | Date: | Hits: 41
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....f the majority party in the legislature in passing an enactment or its merits are non issues in a proceeding under Article 102(1) of the Constitution when the constitutionality of an enactment is prima facie unassailable. 47. The appellant has contended that by dissolving all the Executive ......majority party in the legislature in passing an enactment or its merits are non issues in a proceeding under Article 102(1) of the Constitution when the constitutionality of an enactment is prima facie unassailable. 47. The appellant has contended that by dissolving all the Executive Commit......g, but in both the cases the rights of the members flow from a statute and not from the fundamental right of association that citizens enjoy on their own. 33. In support of his contention that the onus to justify the changes brought in by the impugned legislation is on the respondents Dr. Kamal H..Category: Constitutional Law | Date: | Hits: 170
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......such denial, but the court finds it difficult to draw a definitive inference or conclusion from the assertion of the petitioner then it will be a case where the petitioner has failed to discharge his onus probandi…………….(15) Declaration as to the fact that the appellant is the only son a..Category: Property Law | Date: | Hits: 32
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....dicate existence of any bar for prosecuting the accused petitioner. 6. We have perused the petition of complaint wherefrom it appears that sufficient materials have been disclosed prima facie to establish a case punishable under section 420 of the Penal Code. As such we do not f......;cate existence of any bar for prosecuting the accused petitioner. 6. We have perused the petition of complaint wherefrom it appears that sufficient materials have been disclosed prima facie to establish a case punishable under section 420 of the Penal Code. As such we do not find an......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....or the supply of finished 5 Taka coins and also alleged to be the lowest tenders had no legal right to be enforced and the High Court Division should have considered whether the respondents had any prima facie case for temporary injunction even for during the vacation. The impugned order was...... supply of finished 5 Taka coins and also alleged to be the lowest tenders had no legal right to be enforced and the High Court Division should have considered whether the respondents had any prima facie case for temporary injunction even for during the vacation. The impugned order was pass......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....efore the High court Division which was rejected and he unsuccessfully moved the Appellate Division. Thereafter a learned Magistrate, First Class, Munshiganj held judicial enquiry and found a prima facie case against accused respondent Ali Asgar Bepari and sent the case records to the learn......the High court Division which was rejected and he unsuccessfully moved the Appellate Division. Thereafter a learned Magistrate, First Class, Munshiganj held judicial enquiry and found a prima facie case against accused respondent Ali Asgar Bepari and sent the case records to the learned Ses......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... puller, P.W 4 also proved the prosecution case, and corroborated evidence of P.Ws. 1-3 and further A. S. I. Nuruzzaman as P.W 5 deposed that on completion of the investigation he found a prima facie case and accordingly submitted charge sheet against the accused petitioners and he prod......r, P.W 4 also proved the prosecution case, and corroborated evidence of P.Ws. 1-3 and further A. S. I. Nuruzzaman as P.W 5 deposed that on completion of the investigation he found a prima facie case and accordingly submitted charge sheet against the accused petitioners and he produced t...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
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