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Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....liefs, one of which is that claim of the Bank from the respondents is not legal and the respondents owe no amount on any account to the Bank. 10. The respondent Nos. 1 and 2 has sought for primarily, two reliefs, i.e. declaration that inclusion of their names in the CIB Report of Banglad...... "Time and again this Court has deprecated the practice of granting interim orders which practically give the principle relief sought in the petition for no better reason than that a prima facie case has been made out, without being concerned about the balance of convenience, the public......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......ffirming the findings and decisions as arrived at by the Courts below and that the High Court Division did not take into consideration that the plaintiff-respondent failed to discharge its initial onus as regards his alleged enjoyment and possession in the suit property inasmuch as the suit prop..Category: Property Law | Date: | Hits: 66
AHS Rahman Vs. State, 2006, 35 CLC (AD)
.... Vs. State................... Respondent Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, ....... State................... Respondent Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 89
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....e 1962, sections 54A and 109 of the Companies Act, 1913, Banker's lien as provided in section 171 of the Contract Act and, etc. were wholly irrelevant in the attachment proceeding. 17. The primary question in this appeal is, whether in execution of a decree passed in Admiralty Suit, 2500......the blank deed of transfer duly signed by the judgment‑debtor constitutes a valid passing of the ownership of these share certificates. 18. It is needless to say that shares are prima facie transferable and moveable property. Shares can be transferred in accordance with the provisi......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....nstruing the document as to whether it was a Muktipatra or a document of transfer. From the judgment of the learned Single Judge of the High Court Division it appears that the learned Single Judge primarily considered the recitals of the document and held that no title passed by virtue of the Mu...... and held that the deed of release was out and out a sale deed and as such there was no impediment on the part of the pre‑emptor in getting pre‑emption. The High Court Division found ex facie from the recitals of the document that it is a Muktipatra and by this deed the executant name...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......ed 29 May, 1991 allowed the application of the respondent as already referred to above. 6. Mr. TH Khan, learned advocate for the plaintiff‑appellants, has submitted that the impugned order is ex facie bad in that it does not reflect application of any judicial mind to the relevant facts of the ......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ...... 11 CPC for the rejection of the plaint on the ground that the Court had no jurisdiction since the defendant does not reside or carry on business within the jurisdiction of this Court and it is ex facie evident from the plaint that no part of the cause of action arose within the jurisdiction of ......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....roperly. Secondly, he submitted that in the absence of any other material on record excepting the FIR the High Court Division was wrong in holding that the prosecution has been able to establish a prima facie case and the embargo as to granting of bail under section 497 Cr.P.C. was attracted. He......y. Secondly, he submitted that in the absence of any other material on record excepting the FIR the High Court Division was wrong in holding that the prosecution has been able to establish a prima facie case and the embargo as to granting of bail under section 497 Cr.P.C. was attracted. He also ......ut 'reasonable grounds' for believing that he has been guilty of an offence punishable with death or imprisonment for life which prohibit granting of bail under the provision referred to above. The onus is on the prosecution to disclose those reasonable grounds, and the Court has to examine the d..Category: Constitutional Law | Date: | Hits: 150
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....e accused unsuccessfully moved the High Court Division for quashing the proceeding in question. 3. Leave was granted to consider whether on the allegations as made in the petition of complaint any prima facie criminal offence has been made out or the allegations, if any, come within the purview o......sed unsuccessfully moved the High Court Division for quashing the proceeding in question. 3. Leave was granted to consider whether on the allegations as made in the petition of complaint any prima facie criminal offence has been made out or the allegations, if any, come within the purview of civi......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..Category: Criminal Law | Date: | Hits: 64
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......the suit will have to be decided on the basis as to when the possession of the defendants became adverse to the plaintiff. In this way, Article 144 gets attracted subsequently although the initial onus was upon the plaintiff to prove his possession within twelve years before the institution of t..Category: Property Law | Date: | Hits: 62
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....orage or an out and out sale with a condition to re‑purchase, involving as it does the construction a document. 5. It is the settled law that the document in question itself read as a whole will primarily determine whether the document is a mortgage or an out and out sale with a condition of re......n, an inadequate price indicating a mortgage; (vi) presence or otherwise of the stipulation of re‑conveyance in the document itself, the stipulation of reconveyance embodied in the deed being prima facie an indication that the transaction is a mortgage; and (vii) purchase of stamps and payment of ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....f the Customs House, Chittagong. But the balance consignments remained uncleared as Customs Duties and other charges remained unpaid. The delivery of 4000 metric tons of cement to M/s MA Baker also prima facie shows that no objection was raised from the Collector of Customs with regard to the val......Customs House, Chittagong. But the balance consignments remained uncleared as Customs Duties and other charges remained unpaid. The delivery of 4000 metric tons of cement to M/s MA Baker also prima facie shows that no objection was raised from the Collector of Customs with regard to the validity ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....tate of Orissa AIR 1971 (SC) 2197 the principle is reiterated that such a writ (of habeas corpus) is not granted where a person is committed to jail custody by a competent court by an order which prima facie does not appear to be without jurisdiction or wholly illegal. These decisions were ref......s the answer to the writ is usually considered to be sufficient if a valid commitment order is produced by the detaining authority and, where a person has been convicted by a Criminal Court, ex facie there is such a valid order for the detention of the person concerned. Therefore, in cases w...... habeas corpus because it was the common case of both sides that the petitioner was undergoing trial in three criminal cases. 12. It is contended that in a case of preventive detention the onus in on the detaining authority to satisfy the Court that the detention is in order, but where ..Category: Constitutional Law | Date: | Hits: 365
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....r section 161 of the Code of Criminal Procedure but in the said statements none of the witnesses stated anything implicating any of the appellants with the murder of Nurul Islam and there being no prima facie evidence involving the appellants they are entitled to bail and refusal of their bail ......ion 161 of the Code of Criminal Procedure but in the said statements none of the witnesses stated anything implicating any of the appellants with the murder of Nurul Islam and there being no prima facie evidence involving the appellants they are entitled to bail and refusal of their bail amount......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... in actual occupation of the premises. A notice under section 106 TP Act must be addressed to all the co‑tenants, or joint tenants, but service of the notice upon any one of them must be treated as prima facie service upon them all. If none of them is found in the premises the notice may be served......tual occupation of the premises. A notice under section 106 TP Act must be addressed to all the co‑tenants, or joint tenants, but service of the notice upon any one of them must be treated as prima facie service upon them all. If none of them is found in the premises the notice may be served upon ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......urt unceremoniously or that in the past also he did so and as such his conduct was highly objectionable. It was contended that the impugned remarks made in the judgment against the appellant are ex-facie highly damaging as they cast grave and serious aspersion upon his professional conduct and re......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....g the judgment of the Judicial Committee, made the following observation in this regard: "Their Lordships desire to acid that the view of the Assistant Commissioner that the Income-Tax Officer is prima facie entitled to accept the profits shown by the accounts, where there is a method of account......judgment of the Judicial Committee, made the following observation in this regard: "Their Lordships desire to acid that the view of the Assistant Commissioner that the Income-Tax Officer is prima facie entitled to accept the profits shown by the accounts, where there is a method of accounting re......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
.... and expressions are to be construed when used in a statute, as stated in Craies on Statute Law (6 th Edition, 1963) at pages 162 and 164, The first of the said rules is that general statutes will prima facie be presumed to use words in their popular sense and the second rule is that if the stat......xpressions are to be construed when used in a statute, as stated in Craies on Statute Law (6 th Edition, 1963) at pages 162 and 164, The first of the said rules is that general statutes will prima facie be presumed to use words in their popular sense and the second rule is that if the statute is......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......the question of limitation, the learned Judges appear to have been also of the opinion that this was a case which was governed by Article 142 of the Limitation Act and that the plaintiff, on whom the onus of proof lay failed to prove his possession within 12 years from the date of the suit. On the..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......ther submits on the authority of Gobinda Chandra Vs. A. Majid, A.I.R. 1944 Calcutta 163, that apparent transaction in a deed must be presumed to be real unless the contrary is established, and the onus of establishing the contrary is on-the person who asserts that the transaction is not what it ..Category: Trust/Waqf Law | Date: | Hits: 239
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