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Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......t of Rs. 21, 0007/- being premium of the lease though entered in the Register, was in fact credited to the Bank's Account. Abnormally low premium of the lease and equally low sale-proceeds were prime facie evidence of fraud. The finding of facts has, therefore, got reasonable basis and based on evid......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... correctly in modifying the decree passed by the trial court without reversing the finding of the trial court on this question and whether the learned Judges were correct in placing the onus upon the plaintiff to prove that 3337 bags of cement were not wrongly covered by the Short Lan..Category: Civil Law | Date: | Hits: 89
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ...... his title on adverse possession, must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to a denial of his title to the property claimed. This onus the appellants have failed to discharge." In Munnalal, minor vs. Mst. K..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....ary due to such amendment……………(20) The partnership firm is an unregistered one. It would, therefore, follow that in view of the provisions of sub-section (I) of section 69 the suit would prima facie appear to be barred there under. But proceeding to the provisions of sub-section (3) o......e to such amendment……………(20) The partnership firm is an unregistered one. It would, therefore, follow that in view of the provisions of sub-section (I) of section 69 the suit would prima facie appear to be barred there under. But proceeding to the provisions of sub-section (3) of sect......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......e the defendant Government of Bangladesh claim the property by way of escheat since Gouri Dasi died intestate without leaving any heir according to it. When the claim is founded on escheat the onus lies on it to show that the owner of the estate died without heir. In Grida Lal Vs. Bengal Go..Category: Property Law | Date: | Hits: 112
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......nder is not exonerated from the incumbent duty to prove that the testator had second and disposing mind and that he fully understood the nature and effect of his action in executing the will. This onus is found to have been discharged by the profounder in this case. Next question that arises in ..Category: Property Law | Date: | Hits: 118
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....rned Counsel for the appellant was that the learned Judges adopted a wholly unjustified and improper course: inasmuch as, in disposing of the appeal they were not competent to record the finding that prima facie case of criminal offence had been made out against the appellant. Leave was granted ......ounsel for the appellant was that the learned Judges adopted a wholly unjustified and improper course: inasmuch as, in disposing of the appeal they were not competent to record the finding that prima facie case of criminal offence had been made out against the appellant. Leave was granted by thi......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....d be reluctant to extend any relief by appointing a receiver. In support, reference may be made to Chaitanya Naiko vs. Kanthino Naiko, AIR 1965 Ori 217. 12. The reason that a plaintiff has prima facie case does not establish the necessity for appointment of a receiver. Such appointm......eluctant to extend any relief by appointing a receiver. In support, reference may be made to Chaitanya Naiko vs. Kanthino Naiko, AIR 1965 Ori 217. 12. The reason that a plaintiff has prima facie case does not establish the necessity for appointment of a receiver. Such appointment ma......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
.... The learned Counsel submits that the learned Munsif on consideration of evidence and report of the local investigation by Circle Officer (Dev) found plaintiff in possession and he also found prima facie title in favour of the plaintiff on the basis of Pattannamas and rent receipts and the ......learned Counsel submits that the learned Munsif on consideration of evidence and report of the local investigation by Circle Officer (Dev) found plaintiff in possession and he also found prima facie title in favour of the plaintiff on the basis of Pattannamas and rent receipts and the High C......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..Category: Property Law | Date: | Hits: 28
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....e Minute of the Board's meeting bearing the Telephone Exchange Number could not have been written on 16 January 1948 but was written after the City Exchange came into operation and the Minute was prima facie a forged document. The learned Judge further observed that the Magistrate did not keep......te of the Board's meeting bearing the Telephone Exchange Number could not have been written on 16 January 1948 but was written after the City Exchange came into operation and the Minute was prima facie a forged document. The learned Judge further observed that the Magistrate did not keep in mi......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....ould be quashed. The learned Judges of the High Court Division discharged the rule by a cryptic order which is as follows: "We have perused the petition of complaint and the same discloses a prima facie offence. The learned Magistrate on consideration of the materials on record issued proce......e quashed. The learned Judges of the High Court Division discharged the rule by a cryptic order which is as follows: "We have perused the petition of complaint and the same discloses a prima facie offence. The learned Magistrate on consideration of the materials on record issued processes a......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......d it is only on the contingencies specified in section 19 that the tenant may deposit rent with the Rent Controller and as such when a tenant elects to resort to the said provisions of section 19 the onus is on him to prove that the ground on which he deposited the rent with the Rent Controller exis..Category: Tenancy Law | Date: | Hits: 101
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
.... the trial Court's decree with regard to Plot No. 802, but dismissed the plaintiff’s prayer with regard to the other plot, namely, Plot No. 784, after finding that the plaintiff failed to prove his prima facie title and e2liclusive possession there. 7. In second Appeal the High Court Division ......rial Court's decree with regard to Plot No. 802, but dismissed the plaintiff’s prayer with regard to the other plot, namely, Plot No. 784, after finding that the plaintiff failed to prove his prima facie title and e2liclusive possession there. 7. In second Appeal the High Court Division withou......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......urt will interfere in revision even on question of fact, where trial Court erred in law in not taking all matters into consideration and mistried the case and made profound mistake in placing the onus of proving the case, in such circumstances it can be held that case had not been properly t..Category: Property Law | Date: | Hits: 30
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... that "Admittedly, the property is an abandoned property and has vested in the Government and if in collusion with the former owner the petitioner has created forged document, then there is a prima facie allegations." It ought to have been considered whether in the admitted facts of th...... "Admittedly, the property is an abandoned property and has vested in the Government and if in collusion with the former owner the petitioner has created forged document, then there is a prima facie allegations." It ought to have been considered whether in the admitted facts of the case...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....ther person competent to grant the same, shall be deemed good and valid tenures .......Section 5(l) of the Bengal Tenancy Act defines "tenure-holder" thus: "Tenure holder means primarily a person who has acquired from a proprietor or from another tenure‑holder a right t......ired such a right." Hence, talukdar holds tenure under a Zamindar, a darpatnidar holds tenure under a talukdar and so on. The same goes for a howladar and a nim‑howladar and so on Prima facie, therefore, the provisions of the Bengal Tenancy Act relating to tenures are applicable to Pa......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... "actual acquisition" of the suit property by the Railway is very much "questionable". On the other hand, it was found that the plaintiffs have been able to prove not only their prima facie title which was validly acquired from the legal heirs of the RS recorded owners but the......;actual acquisition" of the suit property by the Railway is very much "questionable". On the other hand, it was found that the plaintiffs have been able to prove not only their prima facie title which was validly acquired from the legal heirs of the RS recorded owners but they are ...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....itten objection. 4. The learned Assistant Judge by order dated 19-1-88 rejected the prayer for temporary injunction holding, inter alia, that tile plaintiffs miserably failed to establish a prima facie case. On appeal by the plaintiffs against the said order the learned Subordinate Judge ......objection. 4. The learned Assistant Judge by order dated 19-1-88 rejected the prayer for temporary injunction holding, inter alia, that tile plaintiffs miserably failed to establish a prima facie case. On appeal by the plaintiffs against the said order the learned Subordinate Judge and C......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....n in another sense an accused's burden is lighter, because the Court is to consider his plea only after, and not before, the prosecution leads evidence for sustaining a conviction or for making out a prima facie case. 12. In this case how much the respondent could explain the circumstances in whi......nother sense an accused's burden is lighter, because the Court is to consider his plea only after, and not before, the prosecution leads evidence for sustaining a conviction or for making out a prima facie case. 12. In this case how much the respondent could explain the circumstances in which his...... in which his wife died depended on where he was at the material time. When the prosecution failed to prove that the accused was in his house where his wife was murdered he cannot be saddled with any onus to prove his innocence. Had it been established by evidence that the accused was in his house a..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....case records. Since the police has submitted C.S. in another case of the same occurrence and cognizance has been taken, I think there is no scope to continue this complaint case any more, Moreover no prima facie case has been made out during enquiry. The case is, therefore, dismissed u/s. 203 Cr. P.......ecords. Since the police has submitted C.S. in another case of the same occurrence and cognizance has been taken, I think there is no scope to continue this complaint case any more, Moreover no prima facie case has been made out during enquiry. The case is, therefore, dismissed u/s. 203 Cr. P.C." ......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
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