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M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
.... inquiry was held under the said Rules. 8. The charge-sheet dated April 6, 1977 shows that the Chairman of the Bangladesh Trading Corporation himself signed the charge-sheet alleging that it was prima facie proved that the appellant mis-appropriated the synthetic fabric from the godown in con......ry was held under the said Rules. 8. The charge-sheet dated April 6, 1977 shows that the Chairman of the Bangladesh Trading Corporation himself signed the charge-sheet alleging that it was prima facie proved that the appellant mis-appropriated the synthetic fabric from the godown in conniva......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......y the Enemy Property authority declaring the property as enemy would stand and that is under challenge. 4. Leave was granted to consider whether the High Court Division has rightly allocated the onus on the appellant about the migration of his vendors and whether the property could be declared ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....reasons or other why they should not be". 9. It was observed that "if a statute deals merely with the procedure in an action, and does not affect the right of the parties' it will be held to apply prima facie to all actions pending as well as future'' (vide Kinlay v. Draper, 186:5 LR 3 QBD 160 ......s or other why they should not be". 9. It was observed that "if a statute deals merely with the procedure in an action, and does not affect the right of the parties' it will be held to apply prima facie to all actions pending as well as future'' (vide Kinlay v. Draper, 186:5 LR 3 QBD 160 at 163......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....ent of the two Courts below, it was imperative on the part of the learned Single Judge of the High Court Division to reverse the said concurrent finding and to hold that the respondent had made out a prima facie case for temporary injunction. No doubt, the High Court Division passed the impugned ord...... the two Courts below, it was imperative on the part of the learned Single Judge of the High Court Division to reverse the said concurrent finding and to hold that the respondent had made out a prima facie case for temporary injunction. No doubt, the High Court Division passed the impugned order "in......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......de union and an appeal also lies to the Labour Appellate Tribunal against an order of cancellation by the Registrar, The less advantageous procedure provided in the impugned legislation is thus ex facie discriminatory. Mr. Rafique ul‑Huq also submits that section 5 of the Amendment Act, 19....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......der APO NO. 1 of 1972 under the second situation, the owners, directors, etc. have to show that they were available on the date of Notification "to control and manage" their concern. The onus is heavier in APO No. 1 of 1972. The respondents submitted a number of representations to the ..Category: Property Law | Date: | Hits: 65
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....ort. Election Commission found that in that Centre 94% of the votes were cast and out of that number 99% of votes went in favour of only one candidate, namely, respondent No. 1 and that this position prima facie indicated rigging. The High Court Division, however, took the view that this result was ......lection Commission found that in that Centre 94% of the votes were cast and out of that number 99% of votes went in favour of only one candidate, namely, respondent No. 1 and that this position prima facie indicated rigging. The High Court Division, however, took the view that this result was not im......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....d the principal offenders are involved questions and can only be decided on evidence after juxtaposing the prosecution case with the defence of the accused. This is not a case of no offence disclosed prima facie. There is thus no legal impediment for the proceeding to continue. There is no cause or ......t that the offence under section 5(i) (e) is not attracted in this case. We also do not find any substance in the contention that the charge framed and proceedings taken against the petitioner are ex facie discriminatory and ultra vires to any fundamental right guaranteed in the Constitution. 14.......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....observed in Pettitt Vs. Pettitt: “It has been settled in your Lordships’ House Ramsden Vs. Dyson (1866) LR I HL 129 that if A expends money on the property of B ... prima facie he has no claim on such property. And this as Sir William Grant MR ... held as long ag......ed in Pettitt Vs. Pettitt: “It has been settled in your Lordships’ House Ramsden Vs. Dyson (1866) LR I HL 129 that if A expends money on the property of B ... prima facie he has no claim on such property. And this as Sir William Grant MR ... held as long ago as 1......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....xchanged as early as possible. The Agreement shall take effect from the date of the exchange of the Instruments of Ratification." It will appear that the Delhi Treaty, prima facie, purports to determine the boundary between Bangladesh and India. 3. At the hear......ed as early as possible. The Agreement shall take effect from the date of the exchange of the Instruments of Ratification." It will appear that the Delhi Treaty, prima facie, purports to determine the boundary between Bangladesh and India. 3. At the hearing o......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... receiving a passport. As both the grantor and the grantee of a passport are bound by certain mutual legal obligations, similar to those between the State and its citizen, a passport is considered as prima facie evidence of citizenship or nationality of its holder. It was held as a good evidence in ......ving a passport. As both the grantor and the grantee of a passport are bound by certain mutual legal obligations, similar to those between the State and its citizen, a passport is considered as prima facie evidence of citizenship or nationality of its holder. It was held as a good evidence in the Su......ile of origin is not lost by mere abandonment nor it is extinguished by mere removal animo non revertendi. Overwhelming evidence is required to rebut the presumption in favour of its continuance. The onus of proving that a domicile had been chosen in substitution for the domicile of origin would lie..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......not be equated. 5. Mr. Asrarul Hossain next submits that the Petitioner's liability was only to the extent of Taka 13 lakhs and that the suit was also barred by limitation and when the suit was ex facie barred by time and in excess of jurisdiction, the petitioner can invoke the jurisdiction under......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ..Category: Civil Law | Date: | Hits: 139
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
....ered the jute on the accused's inducement of part payment and specific promise to pay the balance within three days. From what has been alleged in the complaint it cannot be said that there was no prima facie case against the accused. The High Court Division correctly refused to quash the proce......he jute on the accused's inducement of part payment and specific promise to pay the balance within three days. From what has been alleged in the complaint it cannot be said that there was no prima facie case against the accused. The High Court Division correctly refused to quash the proceeding....... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....he dowry agreed upon before the marriage had only been partly paid and the demand was made for the non‑paid portion subsequent to the marriage it was held by Calcutta High Court that section 4 will prima facie be attracted (in a case for quashing a proceeding). (Lajpat Rai Sehgal Vs. State 1983 Cr......ry agreed upon before the marriage had only been partly paid and the demand was made for the non‑paid portion subsequent to the marriage it was held by Calcutta High Court that section 4 will prima facie be attracted (in a case for quashing a proceeding). (Lajpat Rai Sehgal Vs. State 1983 Criminal...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....ith A/D which was duly received by the natural guardian of the minors but he could neither contact me personally nor through an agent. Further, I have gone through the records and do not find any prima facie case for the minor's interest. I, therefore, submit my final report." ......D which was duly received by the natural guardian of the minors but he could neither contact me personally nor through an agent. Further, I have gone through the records and do not find any prima facie case for the minor's interest. I, therefore, submit my final report." ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ee when the Arbitrator's award is made a rule of the court. There was no such law in India also till 1978, when the Interest Act, 1839 was repealed and re-enacted by the Interest Act 1978. This Act primarily governs payment of interest by a Court. But in the definition of "Court", &quo......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ...... no witness was examined and no other evidence was also recorded in support of the claim of the respondents and that when the BADC, in their written objection to the Arbitrator, disputed the claim onus was upon the claimants to adduce evidence to prove their claim. The Arbitrator observed in his..Category: Business or Commercial Law | Date: | Hits: 98
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....ion against the defendants restraining them from interfering with plaintiffs' alleged possession of the suit land. In that suit, it was found that the plaintiffs had not merely failed to make out a prima facie case of title to and possession of the suit land, but on their own averment the prima f......ainst the defendants restraining them from interfering with plaintiffs' alleged possession of the suit land. In that suit, it was found that the plaintiffs had not merely failed to make out a prima facie case of title to and possession of the suit land, but on their own averment the prima facie c......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
.... execution case stayed by an order passed on the same day. 3. On 29.6.92 the respondent filed an application for setting aside the above order on the ground, amongst others, that the appeal being prima facie barred by 10 years 301 days and there having been no application under section 5 of the ......tion case stayed by an order passed on the same day. 3. On 29.6.92 the respondent filed an application for setting aside the above order on the ground, amongst others, that the appeal being prima facie barred by 10 years 301 days and there having been no application under section 5 of the Limita......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....o is under the age of 18 (eighteen) years as laid down in the said section. 11. In the instant case, it has been registered under section 366A of the Penal Code and therefore the relevant question prima facie ought to be whether the girl was under the age of 18 years. It may be contended that the......nder the age of 18 (eighteen) years as laid down in the said section. 11. In the instant case, it has been registered under section 366A of the Penal Code and therefore the relevant question prima facie ought to be whether the girl was under the age of 18 years. It may be contended that the offen......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....the respondent Nos.2 and 3 to take steps either depositing money in the account of the respondent No. 1 through his lawyer or give authority to the appellant to pay the money on their behalf which, prima facie, proves the bonafide of the appellant to obey the order of the Court. 5. The l......spondent Nos.2 and 3 to take steps either depositing money in the account of the respondent No. 1 through his lawyer or give authority to the appellant to pay the money on their behalf which, prima facie, proves the bonafide of the appellant to obey the order of the Court. 5. The learned...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
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