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State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....M. Khalilur Rahman and also the submissions made by the parties held that the respondent had succeeded in making out a very good case for bail and that mere naming her in the charge-sheet without any prima fade material cannot be a good ground for refusal of bail. 8. The learned Attorney-Genet so......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Division Bench of the High Court Division by judgment and order dated 13-8-96 in Criminal Miscellaneous Case No. 3888 of 1996, on the ground that upon perusal of the petition of complaint it appeared prima facie that the learned Magistrate did not act illegally in taking cognizance of the offences a......on Bench of the High Court Division by judgment and order dated 13-8-96 in Criminal Miscellaneous Case No. 3888 of 1996, on the ground that upon perusal of the petition of complaint it appeared prima facie that the learned Magistrate did not act illegally in taking cognizance of the offences alleged......Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ..Category: Criminal Law | Date: | Hits: 149
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... 10. Rules 38 and 39 of the aforesaid Appellate Side Rules of Chapter XI are relevant in this respect. These are quoted as follows: “38. Where the Court is of opinion that a prima facie case for granting the application is made out, a Rule Nisi may be issued calling upon ......0. Rules 38 and 39 of the aforesaid Appellate Side Rules of Chapter XI are relevant in this respect. These are quoted as follows: “38. Where the Court is of opinion that a prima facie case for granting the application is made out, a Rule Nisi may be issued calling upon the pe......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... as it existed before the transaction is restored (subject to adjustment of equities)………It is necessary to state here that a voidable transaction should not be confused with a transaction which prima fade looks valid and in relation to which the burden of proof will be on the party alleging it......ranted when it is prayed for and not otherwise”. 12. A slightly divergent view was taken by Sattar J: in his separate judgment when he said this: “It is only a document, which has vested ex facie a valid claim, need to be cancelled……………….…………………………………....... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......uch intention is shrouded in a thick veil which cannot be easily pierced through. But such difficulties do not relieve the person asserting the transaction to be benami of any part of the serious onus that rests on him; nor justify the acceptance of mere conjectures or surmises, as a substit..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....dabasta of his property to Asia Khatun, the first wife of Md. Ibrahim. Claiming as they do a share in the suit property through their mother Asia Khatun the plaintiffs have the onus to prove their prima facie title to the Suit properly. The trial Court found that both from the evidence of the pl......a of his property to Asia Khatun, the first wife of Md. Ibrahim. Claiming as they do a share in the suit property through their mother Asia Khatun the plaintiffs have the onus to prove their prima facie title to the Suit properly. The trial Court found that both from the evidence of the plaintif......udhistir gave the bandabasta of his property to Asia Khatun, the first wife of Md. Ibrahim. Claiming as they do a share in the suit property through their mother Asia Khatun the plaintiffs have the onus to prove their prima facie title to the Suit properly. The trial Court found that both from t..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
.... respondent No. 5. 4. Rule Nisi was issued but the prayer for injunction was rejected. 5. Syed Ishtiaq Ahmed, learned Counsel for the petitioner, submits that the petitioner having a prima facie case for issuance of Rule Nisi and the High Court Division having, in fact, issued the ......ndent No. 5. 4. Rule Nisi was issued but the prayer for injunction was rejected. 5. Syed Ishtiaq Ahmed, learned Counsel for the petitioner, submits that the petitioner having a prima facie case for issuance of Rule Nisi and the High Court Division having, in fact, issued the Rule i......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ..Category: Constitutional Law | Date: | Hits: 149
....at the initiative to set the legal proceeding in motion was authorised by the Commission itself and not by an individual member. Ordinarily, however, a letter of authority from the Chairman should be prima facie evidence of authority from the Commission itself and a Court will be competent to take c...... initiative to set the legal proceeding in motion was authorised by the Commission itself and not by an individual member. Ordinarily, however, a letter of authority from the Chairman should be prima facie evidence of authority from the Commission itself and a Court will be competent to take cogniza......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
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Category: Business or Commercial Law | Date: | Hits: 163
Shahidullah (Md) Vs. Md. Yunus and others , 1998, 27 CLC (AD)
....e by the petitioner. Mr. Korban Ali says that he was not in the High Court Division and so it is difficult for him to refute the allegation. 3. There is no reason to disbelieve, prima facie, the allegation made by the petitioner. Nobody should suffer for any wrong done or omis......he petitioner. Mr. Korban Ali says that he was not in the High Court Division and so it is difficult for him to refute the allegation. 3. There is no reason to disbelieve, prima facie, the allegation made by the petitioner. Nobody should suffer for any wrong done or omission m......his submission in the appeal for no fault of his own. The petition is disposed of with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 164. ..Category: Procedural Law | Date: | Hits: 94
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......er passed under MLO No. 9 of 1982 could have any legal effect on and from 10-11-86. As such, the impugned order which was made effective after the lifting of MLO No.9 of 1982 must be held to be ex facie illegal and cannot be deemed to be an order under MLO No.9 of 1982. As the order passed under......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
....l be gone into in the suit.
8. The High Court Division in granting temporary injunction, inter alia, found that not a scrap of paper was filed either before the trial Court or before it to prove prima facie that notice of the Board meeting on 7-1-95 was served in writing upon the plaintiffs, th......one into in the suit.
8. The High Court Division in granting temporary injunction, inter alia, found that not a scrap of paper was filed either before the trial Court or before it to prove prima facie that notice of the Board meeting on 7-1-95 was served in writing upon the plaintiffs, that acc......erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138...
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....nt August 19, 1997. The Constitution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, but a strong prima facie case. The balance of inconvenience in his favour should...... August 19, 1997. The Constitution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, but a strong prima facie case. The balance of inconvenience in his favour should be so......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....udgment June 3, 1997. The Trade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced before the Courts at the time of hearing of such m......t June 3, 1997. The Trade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced before the Courts at the time of hearing of such matters......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ..Category: Intellectual Property Law | Date: | Hits: 242
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ...... evidence of PW 1 Majirunnessa and held that it is not correct to hold that PW 1 knew about the sale in the year 1966. As the deed was executed and registered by a village illiterate pardanashin lady onus lies heavily upon the defendant’s son and daughter-in-law to show that the deed was legally e..Category: Procedural Law | Date: | Hits: 154
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....ion for interference will have to be filed by way of a Petition for Leave to Appeal and interference will be made not merely on the ground of urgency but also on the ground as to whether there is any prima facie point for granting leave in the subject matter. If no case for appellate interference is......r interference will have to be filed by way of a Petition for Leave to Appeal and interference will be made not merely on the ground of urgency but also on the ground as to whether there is any prima facie point for granting leave in the subject matter. If no case for appellate interference is made ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ...... plaintiff himself fabricated and/or manufactured those spare parts in his workshop and supplied the same to the defendant No.1 vessel, Therefore I find that the plaintiff has failed to discharge its onus of proving that he had supplied spare parts, provisions and provided laundry service to the def..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......ause that in the kabala of defendant No. 1 certain explanations have been given inclusion of certain lands. It appears that no has been practiced upon court by the defendants’ the earlier suit. The onus of proving their title, possession, rest with the plaintiffs which they failed to discharge in ..Category: Property Law | Date: | Hits: 101
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......t grew between the transferor and the transferee in whom the transferor had deep faith lies on the transferee-defendant No. 1 (Pir). In this case the defendant No. 1 miserably failed to discharge his onus to prove that the disputed kabalas were valid documents in law. By judicial pronouncements of t..Category: Civil Law | Date: | Hits: 162
Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)
....s obtained against the order of the learned Additional Sessions Judge rejecting application filed under Section 265C Cr.P.C. There are materials on record where-from it is seen that prosecution has a prima facie case to proceed against the accused-petitioner. 5. The learned Advocate for......ined against the order of the learned Additional Sessions Judge rejecting application filed under Section 265C Cr.P.C. There are materials on record where-from it is seen that prosecution has a prima facie case to proceed against the accused-petitioner. 5. The learned Advocate for the p......ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 90
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....verybody including the real owner. In a suit for permanent injunction court need not enter into disputed title except to the extent that it would help the Court in finding which of the parties have prima facie title and exclusive possession………..(8) Lawyers Involv......y including the real owner. In a suit for permanent injunction court need not enter into disputed title except to the extent that it would help the Court in finding which of the parties have prima facie title and exclusive possession………..(8) Lawyers Involved:&nbs......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
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