High Court Division :(Criminal Miscellaneous Jurisdiction) M Moazzam Husain JMd Badruzzaman JTipu Sultan … Accused-Petitioner (in all the cases)vsState and another …………Opposite Parties (in all the cases)JudgmentDecember 2nd, 2015Code of Criminal Procedure (V of 1898) Section 561A Negotiable Instruments Act (XXVI of 1881) Section 138 Non-impleading of the Company as an accused is a mere irregularity not affacting the merit of the case the question of quashment of the proceedings for its non-impleadment as an accused in the proceeding does...
High Court Division :(Criminal Miscellaneous Jurisdiction) AKM Asaduzzaman J Md Ashraful Kamal J JudgmentJanuary 26th, 2016Khandaker AbdulHalim and others PetitionersvsState and others………Opposite-PartiesCode of Criminal Procedure (V of 1898) Section 100 The question of guardianship cannot he decided under Section 100 of the code and there is no scope to determine the guardian-ship of any minor child without having a proper suit to file. Considering these aspects of this case as well as examining the victim this court fells that the...
Appellate Division :(Civil)Md Abdul Wahhab Miah JSyed Mahmud Hossain JMd Imman Ali JHasan Foez Siddique JMirza Hussain Haider JMrinalendu Paul and others…….Appellant(In CA No. 154/2001)vsDivisional Commissioner Chitagong Division and others …..Respondents (In both the appeals)JudgmentOctober 25th, 2017Acquisition & Requisition of Immovable Property Ordinance (II of 1982) Section 3 Proviso-public interest-The public purpose is not static concept, but is flexible and is capable of expansion to meet conditions of the complex society. A public purpose has for its objective the promotion...
(From previous issue) :25. Scrutton on Charter Parties and Bills of Lading, 19th Edition (1984) at para 2 describes a bill of lading as follows; “After the goods are shipped, a document called a bill of lading is issued, which serves as a receipt by the ship-owner, acknowledging that the goods have been delivered to him for carriage … the bill of lading serves also as; 1. Evidence of the contract of affreightment between the shipper and the carrier, 2....
(From previous issue) (a) for the purpose of investigating an offence under Sections 403, 406, 408 and 409 and Sections 421 to 424 (both inclusive) and Sections 465 to 477 A (both inclusive) of the Penal Code with the prior permission in writing of a Sessions Judge; and (b) in other cases, with the .prior permission in writing of the High Court Division. (2) Any person required under this section merely to produce a document or other thing shall be deemed...
High Court Division (Special Original Jurisdiction) Md Ashfaqul Islam J Md Ashraful Kamal J JudgmentFebruary 23th, 2014.Freight ManagementLimited……….PetitionervsBangladesh Bank and others. RespondentsConstitution of Bangladesh, 1972Article 102(2)(a)(i)Writ of Mandamus-A writ of mandamus can be granted only in a case where there is a statutory duty imposed upon the public bodies and there is a failure on the part of those public bodies to discharge their statutory obligations. The paramount function of a writ is to compel performance of public duties prescribed...
Appellate Division : (Civil) Md. Abdul Wahhab Miah JMd Imman Ali J AHM Shamsuddin Choudhury JChairman, Rural Electrification Board at present (Bangladesh Rural electrification Board) Dhaka———–Petitioner VsMaziruddin Ahmed Khan and other ………………..Respondents* Judgment April 1st, 2015Principle of natural justice Justice must not only be done but also be seen to be definitely and manifestly done. This was in serious breach of the first rule of natural justice. which is that no man shall be the judge of his own cause (nemo Judex...
High Court Division :(Special Original Jurisdiction) Sheikh Hassan Arif JMd Badruzzaman JElite Iron and Steel GP Sheet Ltd and others …. Petitioners vsJudge, Artha Rin Adalat, 4th Court, Dhaka and another….RespondentsJudgmentMarch 12th, 2018Artha Rin Adalat Ain (VIII of 2003) Section 6(5) Proviso–Proviso to Section 6(5) of the Ain authorizes the Adalat to attract the properties of the principal borrower at first for recovery of claim by way of execution by the financial institution and thereafter, respectively the properties of third...
High Court Division :(Criminal Miscellaneous Jurisdiction) M Enayetur Rahim JShahidul Karim J Kazi Md Shahed ……….Ahmed ………….Accused-PetitionervsState and others ……. Opposite-PartiesJudgmentAugust 1st, 2017Constitution of Bangladesh, 1972 Article 35(4) The word ‘accused’ employed in Article 35(4) means a person facing trial and punishment. It is only an accused in a trial who cannot be compelled to be witness against himself. We have already noticed that police by submitting chargesheet recommended for trial of the accused-petitioner for commission of offence under Sections...
High Court Division :(Criminal Miscellaneous Jurisdiction) Syed Md Ziaul Karim J Md Akram Hossain Chowdhury J Judgment July 2nd, 2018 Moinul Hoque Chowdhury and another.…….Accused-Petitioners vs State and others……..———- Opposite-Parties* Code of Criminal Procedure (Vof 1898) Section 561A The accused petitioners straight way moving to this Court under Section 561A of the Code, at the very initial stage of the case, stayed the whole proceeding of the case; even though there has been some specific allegations against them and while...
Appellate Division :(Civil) Abdul Wahhab Miah JMd Imman Ali JHasan Foez Siddique JJudgmentAugust 17th, 2017Hafizuddin (Md) ………………..Appellantvs Mozaffor Mridha and others … RespondentsBengal Waqf Act (XIll of 1934) Section 70(1)(4) In every suit or proceeding in respect of any waqf property the court shall issue notice to the commissioner at the cost of the party instituting such suit and proceeding and, in absence of such notice any decree or order passed in the suit or proceeding shall be declared void. ....
High Court Division :(Criminal Revisional Jurisdiction) Zafar Ahmed J Mahmudul Hasan (Md) ……..Petitioner vsState and another……….Opposite PartiesJudgment August 24th, 2017 Negotiable Instruments Act (XXVI of 1881) Section 138 The criminal proceeding under Section 138 serves two purposes: firstly, to punish the offender and secondly, to recover the value of the cheque. The object of adding sub-section (2) to Section 138 is to alleviate the grievance of the complainant. (17) Sentence There can be no dispute insofar as the sentence of...
