High Court Division :(Special Original Jurisdiction) Moyeenul Islam Chowdhury J Khandaker Diliruzzaman J Ruhul Amin Khan Lipton (Md) ……….Petitioner vs Rajdhani Unnayan Katripakkhya (RAJUK) Represented by its Chairman, Dhaka and others…………….Respondents. Judgment October 30th, 2019 Constitution of Bangladesh, 1972 Article 102(2) Principle of natural justice-It is an indubitable fact that the principle of “audi alteram parterm” was not adhered to. It is manifestly clear that the petitioner was entitled to a fair hearing before cancellation of the Plot by the...
High Court Division :(Civil Revisional Jurisdiction) SM Emdadul Hoque J Kashefa Hussain J Aleya Akter ……….. Petitioner vs Md Daulat Patwary …. ……..Respondent Judgment May 15, 2017 Family Courts Ordinance (XVIII of 1985) Section 21 Otherwise than as a witness only a ‘pardahnashin lady’ may be allowed to be represented by a duly authorised agent before a Family Court. The Ordinance, has specifically confined and limited the permission to appear through duly authorised agent to a ‘pardahnashin lady’ only. The...
(From previous issue) :In support of his submissions he cites a decision of this court in the case of Mohammad Atikur Rahman vs Ainunnahar reported in 7 BLT 241. Drawing in analogy from the 7 BLT decision, he submits that in that case the court up held the principle that the defendant being the husband and not a pardahnashin lady he cannot be represented by an agent. Relying upon his submissions and the relevant provisions of the Family Courts Ordinance...
Appellate Division (Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Abdur Rahim Molla …………………. Appellant (In CA Nos. 325 & 330 of 2009)vsProsenjit Kumar Shaha and others ………Respondents(In all the appeals) Judgment November 22nd, 2016 Transfer of Property Act (IV of 1882)Section 123‘Youtuka’ is a kind of gift and such gift if made at the time of marriage of daughter is valid in respect of immovable property and no registration is...
High Court Division :(Criminal Miscellaneous Jurisdiction)Farah Mahbub JMahmudul Hoque JShahidul Islam (Md)……………..Accused-Petitioner (in all the cases) Vs State and another………Opposite-Parties (in all the cases)JudgmentFebruary 5th, 2018Code of Criminal Procedure (V of 1898) Section 561A In an appropriate case, if on the face of the document which are beyond suspicion or doubt, placed by accused and not disputed by the prosecution the accusation against him cannot stand, for, it would be travesty of justice, if the accused is relegated to trial...
Barrister M Qaium :Appellate Division by its historic judgment on July 3rd 2017 upheld the judgment of the High Court Division dated 05.05.2016 striking down the 16th Amendment of the Constitution as unconstitutional. By 16th Amendment of the Constitution, Parliament assumed the removal power of the judges of the Supreme Court which was earlier dealt with by the Supreme Judicial Council.People mostly concludes that the moot question was raised and settled in this case was ‘whether the constitutional 16th Amendment...
High Court Division :(Special Original Jurisdiction) Naima Haider J } Zafar Ahmed J } Sirajul Islam Siddiquy, (Md)………..Petitioner vs Bangladesh represented by the Secretary, Ministry of Liberation War Affair’s, Sarkari Paribahan Pool Bhaban, Secretariat Link Road, Dhaka and others …..Respondents.Judgment May 24th, 2018 Public Servant (Retirement) Act (XII of 1974) Section 4A The petitioner being a freedom fighter is entitled to get extension for one year and can work until he attains the age of 60 years. ……….. .in order to...
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High Court Division :(Criminal Revisional Jurisdiction) Abu Bakar Siddiquee JJudgmentFebruary 17th, 2013Abdul Hashem & another……Convict-Petitionersvs State…….Opposite-PartyPenal Code (XLV of 1860)Section 379In absence of specification of land, the case of snatching paddy, suffers from inherent infirmity. It is the complainant who is to say from what specific land, the charge for commission of offence has been formulated. The evidence of theft against each of individual accused is lacking and the Courts below does not came to a clear finding of individual...
Appellate Division(Civil) Nazmun Ara Sultana J Syed Mahmud Hossain JMd Imman Ali JMd Anwarul Haque JAbdul Hakim (Md) … ………….Petitioner vsMd NazruI Islam and others …….………….Respondents· Judgment January 20th, 2014. State Acquisition & Tenancy Act (XXVIII of 1951)Section 96 It is well settled that the pre-emptor must have interest in the case holding until the case is finally disposed of. .. …. (14) Co-sharer A co-sharer means a person whose interest subsists throughout the course of the application to pre-empt...
(From previous issue) :11. From the judgment and order of the High Court Division, it appears that it took notice of the facts that the writ-petitioner first made an application on 20-8-1998 for refund of Taka 3,95,98,579 claiming stoppage of production and closure of the mills since 12-5-1998. Thereafter, the mills again commenced production and finally stopped production since 31st August, 2000. On 29-11-2001, the writ-petitioner made an application to the Superintendent for cancellation of VAT registration after closure of...
