High Court Division (Special Original Jurisdiction)Sheikh Hassan Arif J } Mohitur Rahman Choudhury (Md) and Md Badruzzaman J } others………Petitioners } VSJudgment } Md Abdul Kuddus Miah and others——April 4th, 2017 }————–Respondents Limitation Act (IX of 1908) Article 182 Application for execution of a final decree or order is to be made within 3 (three) years from the date mentioned in 2nd column of Article 182 of the Act subject to some exceptions as detailed in the 3rd column read...
Appellate Division (Criminal) Nazmun Ara Sultana J }MASukkur . Syed Mahmud Hossain J } ……..Appellant Md Imman Ali J } vs Judgment }Md Zahirul Haque May 6th, 2014 }and anothe } …………RespondentsPenal Code (XLV of 1860) Section 420 Normal financial transaction between debtor and creditor does not come within the scope of any offence…………………………(15) Penal Code (XLV of 1860)Sections 415 and 420 The allegations of bouncing of cheque simplicitor does not ipso facto constitute any offence as defined under Section...
High Court Division :(Civil Appellate Jurisdiction) AKM Asaduzzaman J } AB Bank LimitedMd Iqbal Kabir J } …….Plaintiff Appellant vs Judgment } Khan Enterprise and June 22nd, 2015 } others……Defendants Respondents.Artha Rin Adalat Ain (VIII of 2003) Section 12(1) (2) (3)The Bank need/exhaust the procedure laid down under Section 12(1)(2)(3) of the Ain before filing the suit. If plaintiff Bank does not follow the procedure then the procedure laid down in the Section 12(6) and (7) of the Ain will...
High Court Division :(Special Original Jurisdiction) Gobinda Chandra Tagore J AKM Shahidul Huq J Ekram Hossain (Md) ………………. Petitioner VSGovernment of Bangladesh, represented by the Secretary, Ministry of Health and Family Affairs, Bangladesh Dhaka and others …………………… Respondents Judgment January 8th, 2018 Constitution of Bangladesh, 1972 Article 102(2) If any, candidates under the quota of freedom fighters has the basic qualification, he would be entitled to be appointed under the quota reserved for them, even if he does not qualify...
Tariq-ul-Hakim J :Abu Taher Md Saifur Rahman JHassan Ahmed Khan Hassan Ali Khan and others Petitioners vs Secretary, Ministry of Finance, Dhaka and others …. Respondents Judgment June 18th, 2013 Constitution of Bangladesh, 1972 Article 102(2) Process of absorption- The petitioners rendered their services to the Government and it was natural for them to expect to continue in their employment and get regularised in permanent posts if an opportunity arises though it is not mandatory upon the employer to so...
(From previous issue) :Argument of the contending parties 6. Mr. Moudud Ahmed, the learned’ Advocate for the petitioner appearing with the learned Advocate Mr. Abdullah AI-Mahmud, takes us through the writ petition. the connected materials on record, the relevant provision of Section 17 of the Ain, 1991 and submits that under Section 17 of the Ain, 1991, the loan has to be taken as a director of a bank company and if after obtaining loan as a director of a...
High Court Division :(Special Original Jurisdiction) Zinat Ara JKazi Md Ejarul Haque Akondo J Abdul Awal Patwary Dhaka Bangladesh…………Petitioner VSPeople’s Republic of Bangladesh represented by the Secretary Ministry of Finance and Planning Bangladesh Dhaka and others………………………Respondents Judgment March 22nd, 2018 Bank Company Ac (XIV of 1991)Section 17The intention of the legislature is that the provision of Section 17 of the Ain, applies to a director of a bank company irrespective of the fact as to whether the loan was obtained or...
(From previous issue) :16. Mr Monjur Kader, the learned Deputy Attorney General appearing on behalf of the state submits that PWs 2.3 and 4 who were present at the time of recovery of arms are locals and they also corroborated the evidence of PWs I, 5, 6 and 7 who were police personnel and there is no legal ground for quashing the judgment and order of conviction and sentence passed by the trial Court against the convict petitioner. 17. The...
High Court Division :(Criminal Miscellaneous Jurisdiction) Md Emdadul Huq J Md Shohrowardi J Nasir Mia (Md) . …….. Convict-Petitioner vsState…..Opposite-PartyJudgmentMay 29th, 2018 State ….. Opposite-Party’ Code of Criminal Procedure (V of 1898)Section 561 A This Court in an appropriate case is legally authorized to review or modify the sentence passed by the trial Court to secure ends of justice. ……….(28) Arms Act- (XI) f 1878)Sections 19A and 19(f) There are is no previous record of commission of any offence by...
High Court Division : (Civil Revisional Jurisdiction) Mahmudul Hoque J Ismail Mia. (Md)………….. . Plaintiff- Petitioner Vs Abeda Khatun and others……Defendant- Opposite-PartiesJudgment July 10th, 2018Code of Civil Procedure (V of 1908) Order VII, rule 11 (d)Section 115 (1)The relief by way of declaration to the effect that the sale deed is void, illegal and not binding upon the plaintiff along with declaration of title are the principal reliefs in the suit and recovery of possession which is incidental and consequential relief....
Appellate Division :(Criminal) Nazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali J MA Sukkur……………..AppellantvsMd Zahirul Haque and another…………Respondents JudgmentMay 6th, 2014 Penal Code (XLV of 1860) Section 420 Normal financial transaction between debtor and creditor does not come within the scope of any offence. .. …. (15) Penal Code (XLV of 1860)Sections 415 and 420 The allegations of bouncing of cheque simplicitor does not ipso factor constitute any offence as defined under Section 415 punishable under Section 420 of...
(From previous issue)16. He further argued that Section 138 of the Negotiable Instruments Act, shall attract where any cheque drawn by a person on an account “maintained by him” with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid. But in the present case the account from which the cheques were issued is maintained by Seus Fabrics Limited, not by the accused petitioner; the accused petitioner...
