High Court Division :(Civil Revisional Jurisdiction) Sharif Uddin Chaklader JKhizir Ahmed Chowdhury J Eastern Housing Ltd. ………Petitionervs Ainuddin Haydar and others……Opposite-PartiesJudgment September 3rd, 2015 Code of Civil Procedure (V of 1908) Order VII, rule 11In considering application for rejection of plaint, the statement made in the plaint is to be considered assuming all the averments made therein to be true without taking into consideration of the pleadings and documents submitted by the defendants. …… (9) State Acquisition & Tenancy Act...
High Court Division :(Special Original Jurisdiction)Zinat Ara JAKM Zahirul Hoque JTopman Fashion WearsLimited……….PetitionervsDutch Bangla Bank Limited and others……………RespondentsJudgmentFebruary 15th, 2017Artha Rin Adalat Ain (VIII of 2003)Section 50(4)Under Section 50(4) of the Ain, if any writ petition is filed without payment of requisite amount of money or security, as the case may be, challenging the order or decree diretly or indirectly by the judgment-debtors, in such case, if the Rule issued in the writ petition or appeal against such order is...
(From previous issue) :In a case such as this we are of opinion the suit is not on the face of it barred by law. The very arguments which have been advanced in appeal show that the suit on the face of it is not barred by law, as the suit has been found to be a suit that has to be dismissed after consideration of the legal arguments. Therefore we are unable to accept this view of the learned...
High Court Division :(Special Original Jurisdiction) Moyeenul IslamChowdhury JMd Ashraful Kamal J AKM Zakaria Hossain Choudhury ….. Petitioner vsChief Metropolitan Magistrate, Dhaka and others RespondentsJudgmentJudgment, May 21,st, 2018 Constitution of Bangladesh, 1972 Article 102(2) For quashing the proceedings of complaint case pending before the Court below, the proper remedy for the accused-petitioner lies in the miscellaneous jurisdiction of the High Court Division under Section 561 A of the Code. As the petitioner has failed to cross the threshold of the...
(From previous issue) :39. In respect of these material exhibits no suggestion has been given by the defence that these materials are not belonged to the victim of the case and subsequent death of the victim was not occurred due to the above two injuries inflicted by the condemned prisoner as deposed by the prosecution witnesses. It is not found in evidence that the defence put any suggestion to the witnesses that the victim died due to other reasons or...
High Court Division :(Civil Appellate Jurisdiction) Syed Md Ziaul Karim JSheikh Md Zakir Hossain JMizanur Rahman (Md) …………………..Plaintiff-Appellant vsManaging Director, and CEO Agrani Bank Ltd …………Defendant No. 1 RespondentJudgmentJanuary 10th, 2018Code of Civil Procedure (V of 1908) Order VII, rule 11 Plaint of the suit should not be rejected under Order VII, rule 11 (d) of the Code, where there is an arbitration clause in agreement to dissolve the dispute by Arbitration and parties are willing to go for arbitration....
(From previous issue) :20. Upon scrutiny of the evidence adduced by the prosecution witnesses along with exhibits as well as material exhibits it has emerged that the learned defence lawyer has cross-examined the witnesses thoroughly to ascertain their veracity and credibility. Now the question is before us whether the prosecution has been able to prove the instant charge leveled against the condemned prisoner beyond all reasonable doubt. Let us carefully examine and analyze the evidence adduced by the prosecution witnesses...
High Court Division :(Criminal Appellate Jurisdiction)Jahangir Hossain JMd Jahangir Hossain JState………..PetitionervsMd Abul Kashem Kha…………….Condemned-PrisonerJudgmentJanuary 20th, 2016Constitution of Bangladesh, 1972Article 35(2)Code of Criminal Procedure (V of 1898)Section 403No person shall be prosecuted and punished for the same offence more than once and according to Section 403 of the Code it would also be a principle of double jeopardy if a person is convicted or acquitted for the same offence more than once.Victim brought an allegation earlier against the condemned prisoner for...
Barrister M. A. Muid Khan :Prologue “…HOMEOWNERS can defend themselves against raiders who break into their house…” (Justice Secretary David Gauke, 6th April 2018, London, UK) In the wake of the recent case where a pensioner who was arrested for murder over the fatal stabbing of an intruder in his home, and later on released by Police, question arises if a homeowner kills a burglar acting in self defence, in the heat of the moment, is there any self-defence available...
(From previous issue)15. He has further argued that the plaintiff and defendants by amicable settlement came to compromise and by dint of that compromise prepared application and Solenama signing by them on behalf of the respective parties. Thereafter, they filed a joint application before the Court on 19-3-2009. The terms of compromise have been laid down in application for compromise which was referred by the learned Advocate and pointed that by dint of that compromise on the same date the...
High Court Division(Criminal Miscellaneous Jurisdiction) M Enayetur Rahim J Shahidul Karim J Judgment I November 8th, 2017Salim (Md) …. Petitioner vsState and another…………… Opposite-PartiesCode of Criminal Procedure (V of 1898) Sections 154 and 498 Neither the Branch nor the HOCC committee recommended for sanction of the loan to the borrower company; despite the Board of Directors sanctioned the loan and ultimately a huge amount of loan money that is public money was misappropriated by the borrower in connivance with the...
High Court Division :(Civil Appellate Jurisdiction) Md Nuruzzaman JSH Md Nurul Huda Jaigirdar JRupali Bank Limited Plaintiff-Appellant vs Perfume Chemical Industries Limited, and others……………….. Defendant-RespondentsJugementJuly 30th, 2017Evidence Act (I of 1872) Section 58 Once the loan is admitted the same cannot be allowed to be denied after failing to repay the said loan. According to the provision of the Section 58 of the Evidence Act, facts admitted need not be proved; So, we are of the view that the learned...
