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Displaying 1401-1420 of 1543 results.
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....ly. In the case of Abdus Sobhan Shah vs. Province of East Pakistan, 14 D.L.R. 486. It was observed that every grocery which exists in any country serves a public interest but such a grocery is not primarily and directly concerned with such a public purpose. Over the ages, the Courts have drawn a......ch the general interest of the community as opposed to the particular interest of individual is directly and vitally concerned." The Privy Council observed: “Prima facie the Government are good Judges of that. They are not absolute Judges. They cannot say 'Sicvo...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 65
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......far as the proposition of law goes, it is now well settled, that in a case where the question is between two or more brothers of a Hindu family living jointly having joint property, the initial onus is on the person who alleges jointness to show that there was a joint family and there was &a..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......on the relevant materials on record which amply show that the property in suit were being managed by the owner, that is, the defendant herself; and that the plaintiff failed to discharge the onus that heavily lay upon him. On this question the learned Subordinate Judge as well as the learn..Category: Property Law | Date: | Hits: 448
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... power vested in him, functions mainly of managerial or administrative nature. 16. As the issue regarding the maintainability of the applications under section 34 of the Ordinance primarily involves the reconsideration of the definition of 'worker' as given in the Ordinance...... respect of any of the matters covered under the said Act, The main provision of the definition clause of a worker as given in section 2(v) of the (Standing Orders) Act, of course, does not prima facie appear to include a worker who has ceased to be in employment but if the provisions of sec......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
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......etitioner 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: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. .....................................Respondents Judgment April 9, 1971. The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and th..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ...... Vs. The State...............................Respondent Judgment January 29, 1973. The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and th..Category: Criminal Law | Date: | Hits: 84
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......ding Officer and on account of leisurely steps taken by the prosecution to produce their evidence and for that the accused, cannot be blamed. Apart from this, the evidence on the police record ex-facie shows that the case of the petitioner requires further inquiry." Aggrieved by the order ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... a period of one year. The Ordinance gave him the right of an appeal to the Commissioner under section 18. On merits the Commissioner might have felt satisÂfied that the order passed against him was prima facie not justified. He would have in the view discharged him, but what if the apÂpeal conies......iod of one year. The Ordinance gave him the right of an appeal to the Commissioner under section 18. On merits the Commissioner might have felt satisÂfied that the order passed against him was prima facie not justified. He would have in the view discharged him, but what if the apÂpeal conies up fo...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..Category: Criminal Law | Date: | Hits: 49
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......preme Court of India, considering the fact that the suit was filed on 1st June 1981 and on June 3, 1981 an application for stay of suit was made on behalf of the 1st defendant under Section 34, ex facie, the proceedings did not disclose any step having been taken by the 1st defendant in the proc...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
.... March 2, 2002. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively ......p; March 2, 2002. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or sai......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
....accepted the petitioner society as the lawful owner of the land in question.
(c) since the Government had accepted the petitioner society as the lawful owner of the land in question and since the prima facie documents of title are there, that is the sale deed, the mutation papers of SA Record of......ed the petitioner society as the lawful owner of the land in question.
(c) since the Government had accepted the petitioner society as the lawful owner of the land in question and since the prima facie documents of title are there, that is the sale deed, the mutation papers of SA Record of right...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
..
Category: Property Law | Date: | Hits: 54
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....on and the certificate of incorporation of the Appellant No.2 to have been made without lawful authority and is of no legal effect. 44. Respondent No.1 filed the writ petition primarily contending that BRAC being one of the societies as mentioned in section 20 of the Societi......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......rohibited or precluded from undertaking activities which can generate profit so that the same could wholly be devoted to charitable and social welfare activities. Dr Kamal Hossain submits that the onus is on the petitioner to show a law which prohibits BRAC as a society registered under the afor..Category: Constitutional Law | Date: | Hits: 199
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......he plaintiffs-respondents could not prove their case so as to get a decree in a simple suit for ejection of monthly tenant. It is well settled that when both the parties have led evidence question of onus is out of place and matter is to be decided on the evidence led by the parties. Herein both the..Category: Tenancy Law | Date: | Hits: 70
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....de of Criminal Procedure. The truth will come out in the trial after adducing of evidence by the parties in the trial Court. However, from our meticulous reading of the petition of complaint, we find prima facie case having been established under section 406/420 of the Penal Code. So, the accused sh......Criminal Procedure. The truth will come out in the trial after adducing of evidence by the parties in the trial Court. However, from our meticulous reading of the petition of complaint, we find prima facie case having been established under section 406/420 of the Penal Code. So, the accused should f......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Mohammadan Law Onus in case of Transfer by Pardanashin Lady Special rule of onus of proof will apply in a suit where the executants herself is either the Plaintiff or the Defen..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....istrate examined 3 witÂnesses for the prosecution. At this stage the complainant filed a petition to summon the discharged accused, the present appellants, on the ground that the evidence made out a prima facie case against them. The trying Magistrate rejected the petition by his order dated 21.7.7......e examined 3 witÂnesses for the prosecution. At this stage the complainant filed a petition to summon the discharged accused, the present appellants, on the ground that the evidence made out a prima facie case against them. The trying Magistrate rejected the petition by his order dated 21.7.73 by o......oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....Division rejected the contention on the ground that on a misconception the Investigating Officer subÂmitted charge-sheet under section 436 of the Penal Code also but the charge-sheet constituÂted a prima facie case under Article 2(4)(f) of the Presidential Order No. 50 of 1972 and therefore the pr......on rejected the contention on the ground that on a misconception the Investigating Officer subÂmitted charge-sheet under section 436 of the Penal Code also but the charge-sheet constituÂted a prima facie case under Article 2(4)(f) of the Presidential Order No. 50 of 1972 and therefore the proceedi......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is disÂmissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..Category: Criminal Law | Date: | Hits: 57
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....orÂding to his definition provided in the OrdiÂnance : "The main provision of the definition clause of a 'worker' as given in section 2(v) of the (Standing Order) Act, of course, does not prima facie appear to include a worker who has ceased to be In employment but if the provisions of......ng to his definition provided in the OrdiÂnance : "The main provision of the definition clause of a 'worker' as given in section 2(v) of the (Standing Order) Act, of course, does not prima facie appear to include a worker who has ceased to be In employment but if the provisions of secti......plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ..Category: Employment/Service Law | Date: | Hits: 68
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
.... a new mode of procedure to suits commenced before its passing. Thus if a statute concerns merely with the procedure in an action and its operation does not affect rights of the parties it will apply prima facie all actions pending, as well as further. “ 54. Right of appeal by a party to an act...... mode of procedure to suits commenced before its passing. Thus if a statute concerns merely with the procedure in an action and its operation does not affect rights of the parties it will apply prima facie all actions pending, as well as further. “ 54. Right of appeal by a party to an action, h......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
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