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Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....te Acquisition and Tenancy Act, as already mentioned above. Section 2(12) defines a hat as follows: "hat" or ''bazar" means any place where persons assemble daily or on particular days in a week primarily for the purposes of buying or selling agricultural or horticultural produce, livestock, po...... this limitation of the powers of the Crown, a grant for a new market to be held by another person at the same times and within seven miles of the place in which an existing market is held is prima facie void as against the owner of the existing market, and default by him in not providing proper a......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....vious Revisional Application and its judgment was confirmed by this Court in Civil Appeal No. 27 of 1975 and it was held that in view of Amir Ali's ‘acknowledgement’ the appellant should be prima-facie treated as Amir Ali's son and he would hold the office of Mutwalli till the presumption ......Revisional Application and its judgment was confirmed by this Court in Civil Appeal No. 27 of 1975 and it was held that in view of Amir Ali's ‘acknowledgement’ the appellant should be prima-facie treated as Amir Ali's son and he would hold the office of Mutwalli till the presumption of leg......defendant Khorshed Alam Khorshed Alam proved Amir Ali’s acknowledgement and a written document Ext. H backed up by enormous documentary evidence that Amir Ali acknowledged him as his son. The onus was heavily on the plaintiff to disprove Monowara’s marriage with Amir Ali, which he failed ..Category: Family Law | Date: | Hits: 239
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
.... 1918 PC 11). 21. It is true that, according to Hanafi School, father is entitled to the hizanat or custody of the son over 7 years of age. Indisputably, this rule is the recognition of the prima facie claim of the father to the custody of the son who has reached 7 years of age, but this r......PC 11). 21. It is true that, according to Hanafi School, father is entitled to the hizanat or custody of the son over 7 years of age. Indisputably, this rule is the recognition of the prima facie claim of the father to the custody of the son who has reached 7 years of age, but this rule wh......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......y wrong and contrary to record. The learned Single Judge then referred to a decision in 19 DLR 912 for the proposition that that until the plaintiff oroves his possession within 12 years, there is no onus on the defendant to prove his adverse possession. That decision was given on article 142 of the..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
.... 1980 and it was forwarded to Mr. A.K. M. Delwar Hossain, Magistrate, 1st Class, for examination of witnesses. The learned Magistrate after examining the witnesses submitted his report stating that prima facie case was established against the respondents under sections 30/114/34 B.P.C-Whereupon th......and it was forwarded to Mr. A.K. M. Delwar Hossain, Magistrate, 1st Class, for examination of witnesses. The learned Magistrate after examining the witnesses submitted his report stating that prima facie case was established against the respondents under sections 30/114/34 B.P.C-Whereupon the lear......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ..Category: Criminal Law | Date: | Hits: 105
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ...... the pleading of the parties and also by erroneously presuming that in proving forgery in the instant ease it was incumbent on the appellant to prove when the document was forge and there by placed onus wrongly on the appellant which under the law the appellant is not inquired to discharge. The ..Category: Business or Commercial Law | Date: | Hits: 113
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....akalaguna's case reported in (1928) 55 I.A. 243. Betamnont, C.J. then observed that "both under the common law and section 23(b) of the Specific Relief Act an option to repurchase property is prima facie assignable, though it may be so worded as to show that it was to be personal to the gra......una's case reported in (1928) 55 I.A. 243. Betamnont, C.J. then observed that "both under the common law and section 23(b) of the Specific Relief Act an option to repurchase property is prima facie assignable, though it may be so worded as to show that it was to be personal to the grantee a......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....detention under Section 3 of the N.W.F.P. Public Safety Act of 1948 the Court granted bail to the detenues "after indicating to the Assistant Advocate General, that the order of detention was prima facie bad": Vide Khan Golam Muhammad Khan Loondkhawar and others, reported in P.L.D. 195......ion under Section 3 of the N.W.F.P. Public Safety Act of 1948 the Court granted bail to the detenues "after indicating to the Assistant Advocate General, that the order of detention was prima facie bad": Vide Khan Golam Muhammad Khan Loondkhawar and others, reported in P.L.D. 1957 (W.P......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....f the appellant contended that there is no independent circumstantial evidence in this case against the appellant to connect her with the crime and that the order of commitment of the appellant is primarily based upon the confessions of the two Co-accused who implicated her. According to the lea......case of Mazharul Huq Vs. Ishaque Sardar and others at page 256 to the effect that "a case is conceivable where the prosecution evidence fails altogether, and quite plainly, to make out a prima facie case, and there, of course, the Magistrate would discharge". Accordingly this ap......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ...... of the jama is done in accordance with law, the preemptor is not a co-sharer. Whether interest of the tenant subsisted after split of the jama in the jamindari sheresta is a question of fact and the onus is upon him who asserts it……….(9, 11) Non-compliance with proviso (a..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....terfere in any way, any public interest. 6. The learned Single Judge has taken an erroneous view of the law. Injunctions are granted when the Court is satisfied (1) that the applicant has a prima facie case to go to trial; (2) that the protection is necessary from irreparable injury befor......e in any way, any public interest. 6. The learned Single Judge has taken an erroneous view of the law. Injunctions are granted when the Court is satisfied (1) that the applicant has a prima facie case to go to trial; (2) that the protection is necessary from irreparable injury before his ...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....ashin and his co-sharers is a matter to be decided in the suit itself. According to the learned Judge, function of the Court was to examine whether the applicant succeeded in making out a prima facie case to maintain the application for substitution, on the ground that he was a Kh......nd his co-sharers is a matter to be decided in the suit itself. According to the learned Judge, function of the Court was to examine whether the applicant succeeded in making out a prima facie case to maintain the application for substitution, on the ground that he was a Khadem of......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 91
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......tion. Mr. Yeasin, the learned Advocate for the respondent, has failed to show out how it could be held that the left-out co-sharer lost or transferred their interest the land under pre-emption. The onus of proof in this respect is upon the pre-emptor but this onus has not been discharged. The ob..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ntly thwart its intention by failing to carry out its purposes. I do not regard a Minister's failure or refusal to give any reasons as a sufficient exclusion of the Court's surveillance. If all the prima facie reasons seem to point in favour of his taking a certain course to carry out the intentio...... of Article 150 of the Constitution the Act was to have effect notwithstanding any other provision of the Constitution including Part III of the Constitution ;(ii) section 9(2) of the Act was not ex facie discriminatory inasmuch as it has been made applicable to all government servants and it cont......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......of attorney and that it was duly authenticated by the Magistrate. This is a matter of evidence. The person seeking to prove may take recourse to the relevant provisions of the law to discharge this onus of proof. In this view of the matter, we allow the appeal and set aside the orders of the Hi..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....The learned Munsif overruling the objection allowed the pre-emption case with the following observation: "In view of my finding in the foregoing paras I do not find any prima facie evidence to the effect that the said Aironnessa is a co-sharer of the holding. And t......ned Munsif overruling the objection allowed the pre-emption case with the following observation: "In view of my finding in the foregoing paras I do not find any prima facie evidence to the effect that the said Aironnessa is a co-sharer of the holding. And these are......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ed by the plaintiffs. It is for them to show that these signatures and thumb impressions were given under deception, inducement or misrepresentation of fact. But they have failed to discharge this onus. Both evidence and circumstances are heavily against them. The only thing that can be said in ..Category: Property Law | Date: | Hits: 75
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......of the ordinance ultra vires the Constitution as the legislature cannot ask the Government or the Corporation to disregard or disobey the Court’s decisions. The Supreme Court observed: "Prima facie that provision appears to command the Corporation to refuse to refund the amount illegally col...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....e disposition was substantially understood and it was really the mental act of the person who made it. The rule of law as indicated above is an exception to the general rule: the law presumes prima facie in favour of the deeds duly executed, inasmuch as such transactions can be challenged ......osition was substantially understood and it was really the mental act of the person who made it. The rule of law as indicated above is an exception to the general rule: the law presumes prima facie in favour of the deeds duly executed, inasmuch as such transactions can be challenged only o......Lord Atkin. He observed as follows: "The execution of the deed is not in question. It is, however, undisputed that in the case of disposition of property by pardanashin lady, the onus cast on the person relying on the disposition is to establish the transaction is one which th..Category: Property Law | Date: | Hits: 57
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....om service, reduction, deprivation of approved service increment, removal from any office of distinction or special emolument and award of black marks. Minor punishments include warnings, censures (reprimands for misconduct), extra, drill, extra fatigue duty and confinement to quarters with or witho......e by the transferor or transferee, which claim is opposed by the company and by rendering a decision upon the respective contentions, the rights of the contesting parties are directly affected. Prima facie, the exercise of such authority would be judicial. It is immaterial that the statute which con...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
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