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Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....at court which is in a better position to form an opinion on materials alÂready before it as to whether it is necessary in the inÂterest of justice to make a complaint against the perÂsons who are prima facie found to have committed the offences. A private party may be the real victim of the comm......rt which is in a better position to form an opinion on materials alÂready before it as to whether it is necessary in the inÂterest of justice to make a complaint against the perÂsons who are prima facie found to have committed the offences. A private party may be the real victim of the commission......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....t and obtained special leave to appeal in the folÂlowing terms: "Mr. Ishtiaq Ahmed, learned Counsel apÂpearing for the petitioner argued that when the High Court Division was satisfied as to the prima facie case of the petitioner which led to the issuance of the rule the subsequent order vacatÂ......obtained special leave to appeal in the folÂlowing terms: "Mr. Ishtiaq Ahmed, learned Counsel apÂpearing for the petitioner argued that when the High Court Division was satisfied as to the prima facie case of the petitioner which led to the issuance of the rule the subsequent order vacatÂing t......easons stated above, the appeal is disÂmissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......ction 145. The party alleging that they arc aggrieved have their remeÂdy in a civil court, where the question of title and possession can be settled as between the contending parries." The onus is on the unsuccessful party to show that he has a better title to the property than the perÂs..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......trial Court are set aside and the application under OrÂder IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ............................Respondent Judgment August 16, 1987. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 13 and Order V, rule 19A The onus to prove that the summons was duly served upon the defendant is on the plaintiff. In this case ..Category: Procedural Law | Date: | Hits: 89
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......I agree with the judgment of my brother Badrul Haider Chowdhury J, and would add the following words of my own. Government deÂclared the respondent's property an "abandoned propÂerty", and as such, onus lies upon the Government to bring it within the ambit of 'enemy property' as deÂfined in Artic..Category: Immigration and Citizenship Law | Date: | Hits: 214
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim, therefore, is prima facie apparent. Even otherwise it can be said that the act was done with the intention of caus......lauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim, therefore, is prima facie apparent. Even otherwise it can be said that the act was done with the intention of causing su......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......land was their ancestral lands but that they were merely "on forcible possession" therein, the learned Subordinate Judge, we find, rightly made the above remark. From that it tan not be said that the onus was wrongly placed on the defendant. 10. On behalf of the appellant it is further contended ..Category: Property Law | Date: | Hits: 35
.... Division under S.115, Civil P.C. challenging the order of injunction. The learned Single Judge expressed doubt about the maintainability of the suit; and as to temporary injunction, observed that no prima facie case for injunction was made out, that the balance of convenience lay in favour of the d......ion under S.115, Civil P.C. challenging the order of injunction. The learned Single Judge expressed doubt about the maintainability of the suit; and as to temporary injunction, observed that no prima facie case for injunction was made out, that the balance of convenience lay in favour of the defenda...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......f he is not a worker, then the order of dismissal .is illegal, for the provisions of the Act are not applicable to a person who is not a worker within the definition of 'worker' given in the Act. The onus to prove that he is not a worker lies upon him, firstly, because he is the plaintiff of the sui..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
.... cases pending between them. Unfortunately there has not been any effort to examine the evidence and circumstances critically as ought to have been done having regarded to certain glaring facts which prima facie cast a doubt on the prosecution case. The alleged murder of Jamshed in the manner and at...... pending between them. Unfortunately there has not been any effort to examine the evidence and circumstances critically as ought to have been done having regarded to certain glaring facts which prima facie cast a doubt on the prosecution case. The alleged murder of Jamshed in the manner and at the t......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....ne, the executants were not in the country during the relevant period. This is not legal objection and does not deÂserve consideration. When the document was registered the registering authority was prima facie satisfied that the executants appeared personally. See sections 34, 35 and 58 of the Reg......e executants were not in the country during the relevant period. This is not legal objection and does not deÂserve consideration. When the document was registered the registering authority was prima facie satisfied that the executants appeared personally. See sections 34, 35 and 58 of the Registrat......ding the suitland. On such perfunctory enquiry the property of the citizen was taken away and declared as enemy property without folÂlowing the provisions of law and toe settled principles. Even the onus was not discharged. Needless to mention that the onus to prove that a property is enemy propert..Category: Procedural Law | Date: | Hits: 115
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....appellants No.1 and 2 got no right to speak or do anything on behalf of the company, 5. The learned Single Judge, as already stated, refused injunction observing, among other things, that no prima facie case was made out for an injunction and that the two names were not similar so as to cr......ants No.1 and 2 got no right to speak or do anything on behalf of the company, 5. The learned Single Judge, as already stated, refused injunction observing, among other things, that no prima facie case was made out for an injunction and that the two names were not similar so as to create a......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......he got no title whatÂever and she was possessing the land as wife of appellant No. 2. Appellant No. 2, of course, claimed to have gifted the property to her orally in 1967 but this transaction is ex facie invalid as the donor had parted with his title long ago under Ext. 1. She did not depose in su...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......l Court after finding that the defendants' witnesses failed to prove that Nagar was not the son of Gour Majhi. The learned Additional District Judge held that the learned Munsif wrongly placed the onus on the defendant. After considering that all the witnesses ware seeking to corroborate th..Category: Property Law | Date: | Hits: 37
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....er. Respondent No. 1 filed an application for injunction and attachment before judgment which the learned District' Judge granted on 27th Mai en 1984, on the finding that the Sangstha had a strong prima facie case against the appellants as well as respondent Nos. 2-6. The learned Judges of the H......spondent No. 1 filed an application for injunction and attachment before judgment which the learned District' Judge granted on 27th Mai en 1984, on the finding that the Sangstha had a strong prima facie case against the appellants as well as respondent Nos. 2-6. The learned Judges of the High Co......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......cause it comes under section 39 of the Specific Relief Act. The answer given is 'no'. We take the view that the answer was given correctly and like to add further that where the document is ex-facie void its cancellation ii not necessary even if the plaintiff is a party to it. Mr.M.H. ......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......cient to defeat the title of the real owner only because some lack of vigilance can be attribute to the plaintiffs and would in such circumstances relieve the defendant from discharging their onus in support of their claim of adverse possession. The onus is very heavy. It is for the defenda..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......the rent receiving interests were acquired the question is wheÂther the interests of the Municipality which at one point of time belonged to a rent receiÂver stood acquired. Mr. Pal argued that the onus is upon the Municipality to prove that this interest had been exempted from the operation of la..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....nd the appellant took advantage of it by taking recourse to such remedy, he may not have any cause of grievance……..(29) Mala fide was attributed not to the authority concerned but was directed primarily against respondent no. 1 who is merely superintendent of the Madrasah and a paid employee.......iff had a remedy by way of appeal, which in fact he avaiÂled of unsuccessfully inasmuch as the plaintiff being dissatisfied with order of ‘Caesar to Caesar’ brought the suit and obtained a prima facie finding of fact from the trial court that the requisition was done for collateral purpose. The......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....as noticed that there has been series of transactions between the parties over the self-same land. The learned Sessions Judge considered the locus standi of the first party as to whether they had any prima facie title and possession in the disÂputed property. The learned Sessions Judge considered t......iced that there has been series of transactions between the parties over the self-same land. The learned Sessions Judge considered the locus standi of the first party as to whether they had any prima facie title and possession in the disÂputed property. The learned Sessions Judge considered that th......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
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