High Court Division :(Criminal Appellate Jurisdiction) Md Rais Uddin JMohiuddin Chowdhury (Md) ……………… Accused-Appellant vs State and another………………….RespondentsJudgmentFebruary 28th, 2018Negotiable Instruments Act (XXVI of 1881) Sections 138(1) and 141 Certain conditions precedent are stipulated in the provision of Section 138(1) of the Act which are to be complied with before imposing any criminal liability to the drawer. From the scheme of the Act, it is clear that following the dishonour of cheque a notice is to be issued in writing...
(From previous issue) :9. Such substituted service cannot be regarded as idle formality. The law intends it as a substitute to actual personal service. Moreover it appears from the record that the ‘Dainik Ajker Chattagrami, in its issue dated 18-8-2007 and the ‘Dainik Samachar’ its issue dated 21-8-2007 published the notice regarding pendency of the aforesaid suit wherein the present petitioners were shown as defendants and it was stated that the instant suit is pending against them. It is relevant...
Appellate Division :(Civil) Syed Mahmud Hossain CJ Md Imman Ali J Hasan Foez Siddique J Mirza Hussain Haider J Parvin Akter and others ….. PetitionersvsEastern Bank Ltd. and others …………..… … … Respondents· Judgment February 25th, 2018 Artha Rin Adalat Ain (VIII of 2003) Section 7(1) Where substituted service was done by publication in the newspaper, the presumption of the service cannot be rebutted by making simple statement. ……….(10) Code of Civil Procedure (V of 1908) Order I, rule 10...
(From previous issue) :4. Meanwhile, on conclusion of investigation the Investigating Officer submitted police report against the accused petitioners being charge sheet No. 97 dated 26-10-2011 under sections 406/420/467/468 and 471 of the Penal Code stating, inter alia,-“…………..??????? ????????? ???? ???????? ???? ???? ???????? ???? ???????? ???? ??????? (??????) ????????? ????? ?? ????? ?????? ??? ?????? ???-??? ?????? ????????? ????? ???? ????? ????? ????? ???????? ???????? ???? ????? ????????? ?? ??????? ????? ?????? ??? ???????? ?? ??? ??? ????? ??????...
Appellate Division :(Criminal)Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique JShahidul Islam @ Shahid ……….…………..Petitioner vs State………….………… Respondent Judgment March 5th, 2017 Code of Criminal Procedure (V of 1898) Section 374 Delay in the disposal of the case cannot by itself be a ground for commuting the sentence of death to one of imprisonment for life since the crime committed by the petitioner was premeditated senseless, dastardly and beyond all human reasonings. . ….. (8) Sections 374...
High Court Division :(Criminal Miscellaneous Jurisdiction) Farah Mahbub J Mahmudul Hoque JAtaur Rahman (Md) alias Dhanu and Others………….Accused-Petitioners vs State and anothers …. …… Opposite PartiesJudgment November 22nd, 2017Code of Criminal Procedure (V of 1898) Section 195(1)(c) Since the original “boinama” has not been produced in. evidence in title suit but a photocopy of the same, therefore, Section 195(1)(c) of the Code of is not attracted in the case. There is no bar to file a criminal case alleging genuinity...
(From previous issue) :5. Lastly plaintiff sent another notice dated 17-6-2012 requesting the defendant to vacate the property, but to no effect. Hence the suit. 6. Defendant-appellant’s Case: The defendant does not deny his status as a monthly tenant under the six year written agreement that expired on 15-11-2005. 7. Defendant, however, contends that there is no cause of action to file this suit and that the suit is not maintainable in its present form. He further contends that the...
High Court Division :(Civil Appellate Jurisdiction) Md Miftah Uddin Choudhury J ANM Bashir Ullah J Kismat Traders and others …….Appellants vs Pubali Bank Limited and others ……..……….. Respondents· Judgment November 22nd, 2016 Code of Civil Procedure (V of 1908) Section l07(1)(b) Remand–The ends of justice for both the parties would be best served if the suit is sent back on remand for a trial, afresh setting aside the ex-parte judgment and decree, appealed against. The defendants had deposited a good amount...
High Court Division :(Civil Appellate Jurisdiction) Md Emdadul Hug J FRM Nazmul Ahasan J Bata Shoe Company (Bangladesh) Ltd …… …………….. Appellant vsHassan Movies Ltd ………… …………. RespondentJudgment November 1st, 2017 Premises Rent Control Act (III of 1991)Section 18(4) The plea of the landlord about the purported own use or development work cannot allowed to continue for indefinite period. Subsection (4) confers a right on the evicted tenant to seek his re-instatement within a specified time. Although this provision is...
(From previous issue) :BUET:Total capacity of the gas line, as claimed by TITAS gas, as 1,570,000 cft/hr is correct if Titas Dhanua station gas pressure is 140 psi and atmosphere pressure supply to TMBD site. However, if 45 psi. pressure is to be maintained at TMBD site, gas line capacity will be reduced to 1,440,000 cft/hr. It is clear that gas consumption figures as mentioned in the drawing are feasible. If the supply is less than 140 psi, gas supply...
High Court Division :(Special Original Jurisdiction) Naima Haider JATM Saifur Rahman JJudgment October 31st, 2017TM Textiles and Garments Ltd…. PetitionervsBangladesh, represented by the Secretary Ministry of Power, Energy and Mineral Resources, Bangladesh Dhaka and others. ……….RespondentsConstitution of Bangladesh, 1972 Article 102(2) Arbitration claim-The dispute is not a “contractual dispute”; the dispute, it seems, relates to the propriety of the decision to provide gas connection to others through the petitioner’s dedicated line. That being the position, this Division can interfere and...
Appellate Division :(Criminal) Md Abdul Wahhab Miah JSyed Mahmud Hossain JMd Imman Ali JHasan Foez Siddique JMirza Hussain Halder JKmmal alias Exol Kamal………AppellantvsState…………RespondentJudgment October 10th, 2017Code of Criminal Procedure (V of 1898)Section 376 The appellant is a threat to law and order and a menace to society. He would do away with anyone, who stands for upholding law and order. In view of the way the victim was murdered, we do not find that the sentence of death is at...
