High Court Division (Criminal Appellate Jurisdiction) JudgmentJuly 9th, 2012Syed Md Ziaul Karim J ANM Bashir Ullah J State ………….Appellant vs Abdul Quiyum and others…………………condemned-prisonersEvidence Act (I of 1872) Section 139 Credibility of testimony oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated securting.Legal evidence Legal evidence in a criminal trial is the evidence of the incriminating facts and circumstances of involvement of the accused in the commission of offence inevitable pointing to their guilty as...
High Court Division(Special Original Jurisdiction) Md Ashfaqul Islam JMd Ashfaqul Kamal JJanata Insurance Company Ltd ….. Petitioner vs Commissioner, Customs, Excise and VAT, Dhaka and others…………..…….. …. RespondentsJudgment June 13th, 2013.Value Added Tax Act (XXII of 1991) Sections 37, 51(1) and 56 Suppression of fact-The suppression of fact is a heinous, detestable act, which cuts the very root of any claim made in any discipline, far less to say before a Constitutional Court. Therefore, caution goes without any controversy that...
High Court Division(Special Original Jurisdiction) Md Ashfaqul Islam JMd Ashfaqul Kamal JJanata Insurance Company Ltd ….. Petitioner vs Commissioner, Customs, Excise and VAT, Dhaka and others…………..…….. …. RespondentsJudgment June 13th, 2013.Value Added Tax Act (XXII of 1991) Sections 37, 51(1) and 56 Suppression of fact-The suppression of fact is a heinous, detestable act, which cuts the very root of any claim made in any discipline, far less to say before a Constitutional Court. Therefore, caution goes without any controversy that...
High Court Division (Criminal Appellate Jurisdiction) JudgmentJuly 9th, 2012Syed Md Ziaul Karim J ANM Bashir Ullah J State ………….Appellant vs Abdul Quiyum and others…………………condemned-prisonersEvidence Act (I of 1872) Section 139 Credibility of testimony oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated securting.Legal evidence Legal evidence in a criminal trial is the evidence of the incriminating facts and circumstances of involvement of the accused in the commission of offence inevitable pointing to their guilty as...
High Court Division(Special Original Jurisdiction) Moyeenul IslamChowdhury JNaima Haider J Mahfuzur Rahman and another. ………..Petitioners vsGovernment of Bangladesh and others …. Respondents*JudgmentDecember 9th, 2010. General Clauses Act (X of 1897) Section 21 The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once it has taken legal effect and certain rights are created in favour of any individual. ….. (40) University of Dhaka vs Zakir Ahmed, 16 DLR 722;...
(From previous issue) 40. It is true that crime like rape to death is shocking in nature and also, revolting. The Crime is against Society and humanity, but the prosecution convicted the accused merely on I suspicion that the accused committed rape to death. There cannot be conviction on mere suspicion or presumption. The commission of rape to death must be proved. The presumption cannot take the place of positive evidence, (1970 Pak Crl: L.J. 166), 41. It further appears...
Barrister Nazir Ahmed :The Parliament of Bangladesh, the Jatiyo Sangsad, passed the Constitution (Fifteenth Amendment) Bill 2011 on 30 June 2011 to amend its Constitution. The Bill which contained 15 proposals was passed, while opposition parties were boycotting Parliament, by the division vote with a majority of 291-1. It scrapped the provision of the caretaker government system for holding general election. However, amendments moved by ruling alliance opposing Islam as the State religion and religion based politics were rejected. Islam...
(From previous issue) 28. The English Courts have further expanded the horizon of natural justice by importing the concept of ‘legitimate expectation’ and holding that from promise or from established practice, a duty to act fairly and thus to comply with natural justice may arise. Thus the concepts of ‘fairness’ and ‘legitimate expectation’ have expanded the applicability of natural justice beyond the sphere of right.29. The application of the Rules of natural justice are no longer tied to the dichotomy...
High Court Division(Special Original Jurisdiction) AFM Abdur Rahman JFRM Nazmul Ahsan J Padma Oil Company Ltd ………..Assessee-ApplicantJudgment August 7th, 2012.Commissioner of Taxes … ……………. Respondent* Income Tax Ordinance (XXXVI of 1984) Sections 49(m), 52 and 53 (e) The advance income tax was deducted by the customers under the provision of section 49(m) or section 52 of the Ordinance, treating the assessee as a “supplier” company, that cannot be a basis for assessment of income of the assessee for two reasons;...
High Court Division(Special Original Jurisdiction) Nazmun Ara Sultana J Md Ruhul Quddus J Mirza Ahsan Habib…………….Petitioner vsThe Judge, Artha Rin Adalat and another. ….. ………….. RespondentsJudgment January 19th, 2011.Artha Rin Adalat Ain (Vlll of 2003) Section 34 Fugitive-The term ‘fugitive’ disqualifying a person to get any relief from the Court is applicable for criminal proceedings. Artha Rin Suit is a clear and simple suit of civil nature and in execution of the decree passed therein the execution case is also...
High Court Division (Special Original Jurisdiction) Nozrul Islam Chowdhury J Mohammad Ullah J Bangladesh Inland Water Transport Authority (BIWTA)………….………….. . PetitionervsBangladesh & others ……………RespondentsJudgmentApril 15th, 2013Constitution of Bangladesh, 1972 Article 102(2) The dispute over the control, management and leasing out of Ghat, can only be resolved finally and completely by way of a policy decision at the highest level of the government and the said dispute is not at all justifiable in exercise of the writ jurisdiction. …..(4) SM Rezaul...
M. Harunur Rashid :Former Chief Justice Mr Justice Mostafa Kamal was interviewed by a television channel called Baishakhi TV, which was aired on 4th of November, 2013 where he was asked amongst others a specific question whether he received any national or international award for the contributions he has made in the field of law and legal history. In replying this question he said a judge should not expect any award during his life time and he should always try...
