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State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ...... slept in the first floor in the same house near the place of occurrence room and that the victim was found dead on the following morning. The victim being thus found killed in the house the onus, in the admitted circumstance, squarely falls upon the inmates i.e. the respondents and others..Category: Criminal Law | Date: | Hits: 129
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ...... examine any independent witness either a cine-goer or a customer of the canteen in support of its case that the food supplied by the canteen was not good. The trial Court arbitrarily shifted the onus on the defendant for proving its defence plea that the food of the canteen was not bad and wr..Category: Property Law | Date: | Hits: 64
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....umption is available under section 114(e) of the Evidence Act that it has been regularly performed unless the contrary is proved. Notice under 5(3) being a personal notice, a denial by the owner is prima facie evidence of non-service. Therefore, consideration is bound to be different when alle......n is available under section 114(e) of the Evidence Act that it has been regularly performed unless the contrary is proved. Notice under 5(3) being a personal notice, a denial by the owner is prima facie evidence of non-service. Therefore, consideration is bound to be different when allegation......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......rought any material to controvert the claim of possession made by the appellant. In such circumstances, it cannot but be held that the inclusion of the appellant's property in the impugned list is ex-facie without jurisdiction. The High Court Division could itself interfere, notwithstanding correctl......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....Article 113 will apply to the case i.e. time will begin to run when the plaintiff has notice that performance is refused. The suit having been filed long after 3 years of refusal of the defendant was prima facie barred by limitation. The defendant having left the country immediately after refusal th......e 113 will apply to the case i.e. time will begin to run when the plaintiff has notice that performance is refused. The suit having been filed long after 3 years of refusal of the defendant was prima facie barred by limitation. The defendant having left the country immediately after refusal the plai......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....f the Government to show that the decision was taken at the highest level of administration he is not required to go further and sit on judgment on the decision of the Government. We have held that prima facie such a decision at the high level of Government supplies a good ground for according c......Government to show that the decision was taken at the highest level of administration he is not required to go further and sit on judgment on the decision of the Government. We have held that prima facie such a decision at the high level of Government supplies a good ground for according consent......t we find, that in this particular case there was no such assertion before the Magistrate. Mere assertion of malafide will not do, but there must be assertion of facts constituting malafide and the onus is on the person who makes the allegation. The decision at the Government level should not be..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....act of employment, express or implied, or under the rules governing the conditions of his service, the termination of the service of such a servant or his reduction to a lower post is by itself and prima facie a punishment, for it operates as a forfeiture of his right to hold that post or that ran...... employment, express or implied, or under the rules governing the conditions of his service, the termination of the service of such a servant or his reduction to a lower post is by itself and prima facie a punishment, for it operates as a forfeiture of his right to hold that post or that rank and ......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
.... the Anti-Corruption Branch considered the alleged offence to be a cognizable one and on completion of investigation submitted charge sheet. The learned Magistrate having been satisfied about the prima facie case after submission of charge-sheet by the police has issued warrant of arrest. In suc......nti-Corruption Branch considered the alleged offence to be a cognizable one and on completion of investigation submitted charge sheet. The learned Magistrate having been satisfied about the prima facie case after submission of charge-sheet by the police has issued warrant of arrest. In such circ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....gency. It will then hear the complaining agency and witnesses called by it and may make any enquiry itself. Upon the information so gathered the Board is to determine whether the officer concerned is prima facie guilty of the charges brought against him and if it is satisfied a show cause notice is ...... It will then hear the complaining agency and witnesses called by it and may make any enquiry itself. Upon the information so gathered the Board is to determine whether the officer concerned is prima facie guilty of the charges brought against him and if it is satisfied a show cause notice is to be ......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
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Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....r of detention, a “reasonable cause to believe" that such detention was necessary. Lord Atkin, however, in his dissenting speech, observed that every imprisonment without trial and conviction was prima facie unlawful and that the burden was upon the detaining authority to justify the detention b......etention, a “reasonable cause to believe" that such detention was necessary. Lord Atkin, however, in his dissenting speech, observed that every imprisonment without trial and conviction was prima facie unlawful and that the burden was upon the detaining authority to justify the detention by esta......ers, Ministers' residences, disruption of communication, etc. It further mentioned that as a labour leader he went to the residence of the Manager of Quami Jute Mills, and under coercion he realised bonus for the labourers which they were otherwise not entitled to. It is further alleged that the d..Category: Constitutional Law | Date: | Hits: 408
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......ment. It appears that the courts below on consideration of evidence found that the plaintiff Hena Bibi was an unsophisticated, illiterate village woman and the defendant did not deny the same. The onus, therefore, squarely fell upon the recipient of the document in question (the defendant in the..Category: Property Law | Date: | Hits: 30
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. 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. ......the suit. 20. 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. ...... recipient of the deed, to prove that she executed and registered the same having independent advice and was fully aware about the contents of the deed following the principle of special onus of proof............not a single natural independent witness deposed that Rativan executed an..Category: Property Law | Date: | Hits: 30
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....hink, compromise and change in the deliberative process, the purpose of which is to select the "best man" for the Presidency. Pragmatic reasons may also explain Fortson: Georgia already had two primaries, one general election and still failed to choose a governor. Justice Black argued that "......f work as guide to the interpretation of the Constitution and the laws of Bangladesh and in conformity with the principles and legal provisions made to further the cause of State policy, must prima facie be constitutional and apparently clear and must not appear to be unambiguous and found to be i......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ials and being satisfied thereof, sent the report to the learned Magistrate for necessary action and thus, there is no illegality in the aforesaid steps of the learned Assistant Judge taken for his prima facie satisfaction. Moreover, this has not prejudiced the accused petitioner at all. We do n......nd being satisfied thereof, sent the report to the learned Magistrate for necessary action and thus, there is no illegality in the aforesaid steps of the learned Assistant Judge taken for his prima facie satisfaction. Moreover, this has not prejudiced the accused petitioner at all. We do not, th......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....en the amendment is to be declared ultra vires because Constitution is a logical whole (1910 A. C. 444). 161. It does not need citation of any authority that the power to frame a Constitution is a primary power whereas a power to amend a rigid constitution is a derivative power derived from the c......bute to them what is sometimes called their natural or ordinary meaning.... The method of construing statutes that I prefer is not to take particular words and attribute to them a sort of prima facie meaning which you may have to displace or modify. It is to read the statute as a whole and a......gonno hoybe. 7. Songbidhaner 100 onnosedder (4) dofer motabek Prodhen Bicherpoty konno Bicharoke konno Bencher jonno mononito korile ukto Bicharok, Bicharok hisabe bodler karone procholito Ain onushare jerup Vata o subedhadi power joggo hoyben, taha paite odhekari hoyben. 8. Prodhen Bich..Category: Constitutional Law | Date: | Hits: 1934
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......s, the right of private defence of life in that the Informant's party armed with gun went to dispossess the appellants from their land and also to kill them or to cause grievous hurt to them. But the onus to establish their plea is upon them as specifically provided in section 105, Evidence Act, a..Category: Criminal Law | Date: | Hits: 49
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......nd thereafter deposit of rent with the Rent Controller have been explained by this Court in the cases of Abu Leyes v. Anwara Khalun, 29 DLR, SC 13 and Ramjan Ali v. Hedayatullah, 31 DLR (AD) 183. The onus to bring a case within the ambit of s.19 as to deposit lies on the tenant and conditions for re..Category: Property Law | Date: | Hits: 45
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....4. The appellant preferred an appeal, Criminal Appeal No. 430 of 1987, before the High Court Division. He also filed an application for bail, but his prayer for bail was rejected on the ground that prima facie there was no illegality in the trial. 5. The appellant contends that he surrendered t...... appellant preferred an appeal, Criminal Appeal No. 430 of 1987, before the High Court Division. He also filed an application for bail, but his prayer for bail was rejected on the ground that prima facie there was no illegality in the trial. 5. The appellant contends that he surrendered to the ...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....he subcontinent. It is in the negative form and it would be found as far back as in 1919 Act (Vide Rule 81) and the same pattern has been followed under the Government of India Act, 1935. It has been primarily intended to exclude or oust the jurisdiction of all courts in regard to electoral matter......ly. This power as we have noticed is neither new nor an innovation. We have quoted Section 109 of the Electoral College Act to show that such power was also given in the previous Act. For the prima facie purpose of such re-poll is to restore a detailed poll process and to complete through the "Sal......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....hether in the facts of that particular case a relief of temporary injunction ought to be given. It is elementary that to claim a relief of that nature the plaintiff must, first of all satisfy as to a prima facie nature of his case. In other words, it must appear to the court that he has a good, argu...... in the facts of that particular case a relief of temporary injunction ought to be given. It is elementary that to claim a relief of that nature the plaintiff must, first of all satisfy as to a prima facie nature of his case. In other words, it must appear to the court that he has a good, arguable c......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
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