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Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......sioning a grave failure of justice. 12. In this case admittedly the application for pre-emption was filed after 7 years of transfer and a heavy burden lies on the pre-emptor to discharge the onus of proof that he filed the case within four months from the date of his knowledge. The pre-emp..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......iled in the suit. (as per report of the Bench Assistant). 10. In an application under Order IX, rule 13 of the Code of Civil Procedure praying for setting aside the ex parte decree the whole onus is upon the plaintiff to prove that summons was duly served upon the defendant. Respondent No...Category: Procedural Law | Date: | Hits: 133
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....he said view more fully on an appropriate occasion as we are not inclined to grant leave in the present case because we are satisfied from the facts disclosed in the FIR and the charge-sheet that a prima facie case of forgery, etc. has been made Out therein and the proceeding has remained pending......d view more fully on an appropriate occasion as we are not inclined to grant leave in the present case because we are satisfied from the facts disclosed in the FIR and the charge-sheet that a prima facie case of forgery, etc. has been made Out therein and the proceeding has remained pending for a......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....r the cover and authority of some law. When any decision is taken by the government the assumption always is that it has been taken under a law. It cannot be presumed that a government decision is prima facie illegal being without the sanction of any law, rather it has to be presumed, unless the......cover and authority of some law. When any decision is taken by the government the assumption always is that it has been taken under a law. It cannot be presumed that a government decision is prima facie illegal being without the sanction of any law, rather it has to be presumed, unless the contr......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......unless the plaintiff by leading cogent and satisfactory evidence can prove an agreement that could be attacked under section 23 of the Contract Act as opposed to public policy. 11. The onus of proof of the legal character of the transaction was obviously on the plaintiff appellant an..Category: Property Law | Date: | Hits: 72
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
.... the respondent sent letters alleging that the respondent indulged in corruption while he was serving in the said Sangstha and those allegations (in the petition of complaint) cannot be said to be prima facie false. The allegations no doubt constitute the offence of defamation as defined in sect......espondent sent letters alleging that the respondent indulged in corruption while he was serving in the said Sangstha and those allegations (in the petition of complaint) cannot be said to be prima facie false. The allegations no doubt constitute the offence of defamation as defined in section 49......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....d being malafide. Mere allegation of malafide is not enough. Prima facie from the plaint it must be shown to the satisfaction of the Court that the transaction was malafide. If such malafide is prima facie proved then the question of taking evidence in the matter will be required. We have co......s done with malafide intention in collusion with the officers of defendant No. 1 Bank and defendant No. 2, the entire sale is void being malafide. Mere allegation of malafide is not enough. Prima facie from the plaint it must be shown to the satisfaction of the Court that the transaction was m...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....the petitioner, this Court as the apex Court ought to put an end to such divergence of views. 5. The learned Presiding Judge of the Division Bench found that there was no incriminating material to prima facie show that the petitioner was involved in the alleged commission the offence ‘viz secur......titioner, this Court as the apex Court ought to put an end to such divergence of views. 5. The learned Presiding Judge of the Division Bench found that there was no incriminating material to prima facie show that the petitioner was involved in the alleged commission the offence ‘viz securing pe......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....the said decisions. 8. Pursuant to the above the Principal issued the impugned notification dated 20.10.1993 expelling the respondents forever from the College on the ground that they were found prima facie guilty by the special committee upon enquiry for the horrifying murders and terrorist ac......id decisions. 8. Pursuant to the above the Principal issued the impugned notification dated 20.10.1993 expelling the respondents forever from the College on the ground that they were found prima facie guilty by the special committee upon enquiry for the horrifying murders and terrorist activiti......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
.... writ petition was maintainable because in cancelling the agreement dated 26.7.89 which was commercial in nature BTTB invoked its powers under section 8 of the Telegraph Act, 1885. It also found that prima facie Mr. AKM Mainul Haque purchased some shares and became a director and later on Chairman o......petition was maintainable because in cancelling the agreement dated 26.7.89 which was commercial in nature BTTB invoked its powers under section 8 of the Telegraph Act, 1885. It also found that prima facie Mr. AKM Mainul Haque purchased some shares and became a director and later on Chairman of BTL.......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... respect of any property but the discretion must be exercised judiciously according to judicial principle and not capriciously. The applicant for appointment of receiver of any property must show a prima facie case and good chance of his success and so no order for appointment of receiver should......ct of any property but the discretion must be exercised judiciously according to judicial principle and not capriciously. The applicant for appointment of receiver of any property must show a prima facie case and good chance of his success and so no order for appointment of receiver should be pa...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......d building and has not vested in the Government under President’s Order No. 16 of 1972 or that his right or interest in the building has not been affected by the provisions of that Order. The onus, therefore, is squarely on the claimant of the building to prove that the building is not an ..Category: Property Law | Date: | Hits: 57
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
.... retrospective unless there be some good reason against such a view. If a statute deals merely with the procedure in an action, and does not affect the rights of the parties, it will be held to apply prima facie, to all actions pending as well as future. It is only if it be more than a mere matter o......spective unless there be some good reason against such a view. If a statute deals merely with the procedure in an action, and does not affect the rights of the parties, it will be held to apply prima facie, to all actions pending as well as future. It is only if it be more than a mere matter of proc......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......nt case the real owner being totally absent from the legal proceedings instituted against him since 1972 and having not made any representation to the Government for restoration of his property the onus on the Government to prove that the owner was not present in Bangladesh or his whereabouts wer..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....o be noticed in this connection that the trial Court by its order dated 21.8.64 directed the defendants 2 and 3 to pay ad valorem Court-fee in respect of schedule 'gha', 'uma' and 'cha' inasmuch as prima facie they had no interest in the properties as the kabalas by which these properties were pu......oticed in this connection that the trial Court by its order dated 21.8.64 directed the defendants 2 and 3 to pay ad valorem Court-fee in respect of schedule 'gha', 'uma' and 'cha' inasmuch as prima facie they had no interest in the properties as the kabalas by which these properties were purchase......ibur Rahman, the learned Advocate appearing for the defendant No.l appellant, has urged two points in this second appeal. Firstly, that the Courts below erred in law in deciding the case on a wrong onus of proof and on an erroneous presumption that the properties of Item No. 2 of 'kha' 'uma' and ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....ke to refer to a decision in the case of Major Robert Stuart Wauchope vs Emperor, 38 CWN 187. In the said Division Bench case of the Calcutta High Court it was held that if the accused makes out a prima facie case, that is to say, gives some explanation which may reasonably be true, even though ......refer to a decision in the case of Major Robert Stuart Wauchope vs Emperor, 38 CWN 187. In the said Division Bench case of the Calcutta High Court it was held that if the accused makes out a prima facie case, that is to say, gives some explanation which may reasonably be true, even though it may......, or in any law defining the offence is upon him, and the Court shall presume the absence of such circumstances". I have already stated that the principle in criminal cases is that onus of proving everything essential to the establishment of the charge against the accused lies u..Category: Criminal Law | Date: | Hits: 68
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....espectively of the Indian Evidence ACL" After quoting the two sections their Lordships further observed: "This section shows that the initial burden of proving a prima facie case in his favour is cast on the plaintiff; when he gives such evidence as will suppo......ively of the Indian Evidence ACL" After quoting the two sections their Lordships further observed: "This section shows that the initial burden of proving a prima facie case in his favour is cast on the plaintiff; when he gives such evidence as will support a p......ake up the first point argued by Mr. Salam, the learned Advocate for the appellant, to the effect that the judgment of the learned Subordinate Judge is based on misconception of law relating to the onus of proof. In this regard, he has drawn my attention to the finding of the appellate Court belo..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......t provisions of the law the learned Munsif arrived at the finding that the lease deed, Exhibit 1 (a) executed by the Court in favour of the plaintiff was in fact a lease in perpetuity, although ex facie it purported to be a lease of land with building for term of 9 years. He also found that the ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......anu did not pre-decease her father. 18. Mr. Nasiruddin Chowdhury, the learned Advocate for the appellant, has contended before us that the plaintiff signally failed to discharge the initial onus that lay on him to establish that the properties in suit belonged to Syed Idris Ali. In this ..Category: Property Law | Date: | Hits: 59
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....Defence took some adjournments and on 20.1.69 one DW was examined. Thereafter, on 3.3.69 the learned Magistrate recorded an order that the evidence of 31 prosecution witnesses did not disclose any prima facie case under section 302 or 304 PPC against any of the accused persons but they disclosed......e took some adjournments and on 20.1.69 one DW was examined. Thereafter, on 3.3.69 the learned Magistrate recorded an order that the evidence of 31 prosecution witnesses did not disclose any prima facie case under section 302 or 304 PPC against any of the accused persons but they disclosed an of...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
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