Law and Justice

High Court Division (Criminal Appellate Jurisdiction) Md. Badruzzaman J Abdul Kader (Md) alias Karim …..……………….Convict-Appellant vs State…………opposite-Party Judgment June 13th, 2019 Negotiable Instruments Act (XXVI of 1881) Section 138ASince the Act is a special law providing special procedure for filing appeal in Section 138A of the Act by overriding the provisions of the CrPC.…………But in Negotiable Instruments Act, 1881 no such provision has been inserted for compromise of any dispute. Since Negotiable Instruments Act is a special law providing special...

Taimur Alam Khondaker :Bangladeshi men and women migrate willingly to Saudi Arabia, Bahrain, Kuwait, the United Arab Emirates (UAE), Qatar, Iraq, Lebanon, Malaysia, Liberia, and other countries for work, are often under legal and contractual terms. Most Bangladeshis who seek overseas employment through legal channels rely on the 724 recruiting agencies belonging to the Bangladesh Association of International Recruiting Agencies (BAIRA). These agencies are legally permitted to charge workers up to $1,235 and place workers in low-skilled jobs typically paying...

Appellate Division :(Criminal) Syed Mahmud Hossain CJ Hasan Foez Siddique J Zinat Ara J Md Nuruzzaman J Anti-Corruption Commission (Duduk), represented by its Chairman, Dhaka …………..Petitioner vsMd Shafiul Alam and another …………Respondents JudgmentMay 12th, 2019 Anti-Corruption Commission Act (V of 2004)Section 20Ka(1) If the investigating officer fails to complete investigation within the time stipulated or within extended time, the Commission shall appoint another investigating officer for holding investigation within 90 working days and departmental action would be taken against first...

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) Soumendra Sarker J Rezia Khatun and others…………Plaintiff-Opposite-Party-Petitioners vs Jahangir Hossain and others…..DefendantPetitioner-Opposite-Parties.JudgmentNovember 30th, 2017 Code of Civil Procedure (V of 1908) Section 152 There is no limitation of time for rectification of bonafide mistake, which is clerical or arithmetical mistake or accidental slip or omission. The statute is very much clear with regard to this, and it is a legislative recognition of the courts power to correct the fault which is bonafide and unintentional. …..(13)...

High Court Division :(Special Original Jurisdiction) Gobinda Chandra Tagore JMohammad Ullah J Dr Md Zahed Uddin……Petitioner vsGovernment of Bangladesh represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka-1000 and 3 (three) others……… Respondents.Judgment July 24th, 2019 Constitution of Bangladesh, 1972 Article 102(2) The opinion of the Ministry of Education is not binding upon the university authority as well as not applicable to the service of the petitioner. Admittedly, the petitioner as the Additional Chief Medical Officer of the University...

High Court Division :(Criminal Appellate Jurisdiction) Obaidul Hassan JSM Kuddus Zaman JChitta Gain ……………… Accused-Appellant vsState………..RespondentJudgment  May 20th. 2019Arms Act (XI of 1878)Section 19A The informant, members of the police special operation team and the seizure list witness have given materially contradictory and different versions as to the place and manner of recovery of gun and cartridges and the type or class of the firearms from the possession of the appellant. Tribunal had miserably failed to analysis the material evidence...

High Court Division :(Special Original Jurisdiction) JBM Hassan J Md Khairul Alam J Pubali Bank Limited…………..Petitioner vs Judge, Artha Rin Adalat, Cox’s Bazar and others…Respondents. Judgment January 3rd, 2019 Artha Rin Adalat Ain (VIII of 2003) Schedule 2(2)-2(6) In absence of any property exclusively mortgaged by the principal debtor in favour of the Bank, the ejmali property mortgaged by the principal borrower and others jointly is to be sold to realize the decretal amount. The Adalat was bound to sell ejmali...

High Court Division :(Special Original Jurisdiction) Md Nazrul Islam Talukder JKM Hafizul Alam J Nurul Islam Moni……..Petitioner vs Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Dhaka and others………….. Respondents.Judgment April 9th, 2019 Anti-Corruption Commission Rules 2007, Rule 13(3) Rule 13(3) is merely a procedural law and non-compliance of such procedural law cannot be regarded as fatal to record a prosecution case against an offender who alleged to have committed the schedule offence...

High Court Division :(Criminal Miscellaneous Jurisdiction) ANM Bashir Ullah J Mustafa Zaman Islam J Farook (Md) alias Kazi Farook and others….Accused-Petitioners vsState………….Opposite-Party. Judgment October 16th, 2018 Code of Criminal Procedure (V of 1898) Section 561A A criminal case can only be quashed before trial if from the prosecution case itself did not disclose any offence or crime by the accused or if the initiation of the proceeding and continuation of the same is found barred by any law…………………………….(1)None appears-For the...

Mosharaf Hossain :A bank’s prime source of earning is lending of its depositors’ money in the form of loans or advances, which are expected to come back with stipulated interest within the validity of the loan as per sanction terms and conditions. With this aim of earning, bankers create honeyed relation with borrowers and customers potential to be borrowers. The degree of sweetness progresses and deepens till the repayment of bank’s loan continues. Such interest servicing borrowers are treated as...

Appellate Division (Civil) :Md Abdul Wahhab Miah J  Nazmun Ara Sultana JMd Imman Ali JMd Nizamul Huq JOriental Bank Ltd (formerly Al-Baraka Bank Limited)…..…………………………..Petitioner vsExport Import Bank of Bangladesh Ltd and others ……………….Respondents Judgment  December 1st, 2016 FraudAny allegation of fraud has to be proved strictly by adducing evidence… (10) Zyta Garments Ltd vs Union Bank Ltd., 55 DLR (AD) 56 ref.M Fida M Kamal, Senior Advocate, instructed by Md Zahirul Islam, Advocate-on-Record-For the PetitionerM Anwarul Azim Khair, Advocate, Instructed...