Burden of proof (Civil) | Case Reference

Burden of proof in relation to Abundant Property

The Court of Settlement having found that the writ-petitioner could not show that his predecessor Abdur Rahman was present in Bangladesh or his whereabouts were not known on 28.02.1972, the High Court Division committed an error of law in setting aside the judgment and holding that onus is upon the Government to show that the property came within the purview of definition of abandoned property as provided under President Order No.16 of 1972. Government of Bangladesh vs. Mohiuddin (Mohammad Fazlul Karim J) (Civil) 7 ADC  454