High Court Division :Criminal Miscellaneous Jurisdiction) Md Emdadul Huq J FRM Nazmul Ahasan JShariful Haque (Md) …………………….Petitioner vsState represented by the Deputy Commissioner, Dhaka & another……………. Opposite Parties* Judgment December 14th, 2017 Negotiable Instruments Act (XXVI of 1881) Section 140 The trial Court should amend the charge by incorporating a reference to 140 of the Act, with further statement that the accused issued the cheque as an office bearer of the Company and that he is liable to be prosecuted....
Appellate Division :(Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Md Bazlur Rahman J Khosrur Rashid (Md) and others ……… …………. Petitioners vsEngineer Delwar Bakhat and others ….. ……… RespondentsJudgment August 7th, 2016 Partnership Act (IX of 1932)Section 45Partnership Act (IX of 1932) Section 45 If there is any claim of the defendants from the plaintiffs, they can do so by filing a suit under Section 45 of the Act, which...
Dr. M Abul Kashem Mozumder and Dr. Md. Shairul Mashreque :A number of studies have appeared on the topic like gram adalat((Masahreque 1995, 2002, Mashreque and Amin 1995, and Sultan 1978, Karim and Rahman 2008, Preeti Sikdar 2016 Ven Beurden and Arens 1977). We may have much to have an objtctivre understanding about the adjudication process at the micro level. Gram adalat was a functional entity in traditional villages that are not exposed to the process of modernization . It...
Appellate Division :(Civil) Surendra Kumar Sinha CJSyed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JNimal Chandra Biswas ………….PetitionerVsSonali Bank, Dhaka and another ………..RespondentsJudgmentMarch 20th, 2016Artha Rin Adalat Ain (VIII of 2003) Sections 40 and 44Ka In case of pledge loan, firstly, the borrower has to furnish a certain amount as agreed between lender bank and the borrower as margin, which in this case was 30% of the loan amount; secondly, in case of pledge loan facility, pledge goods remain...
(From previous issue) :After assessing the evidence, the High Court Division came to a finding that “the defendants had/have been in exclusive possession of the Ghar which is situated in another Bhiti and the plaintiffs were never in possession thereto.” This finding in no way indicates the exclusive possession of the defendants in the 2.11 acres of the property gifted by Saijuddin. Hence the finding of exclusive possession of the defendants in the suit property is not sustainable. 13. Now...
High Court Division :(Criminal Miscellaneous Jurisdiction)Farah Mahbub J Mahmudul Hoque J Khaza Tareq ……..……… Accused-Petitioner (On Surrender) vsState ….. Opposite Parties· Order August 22nd, 2017 Supreme Court of Bangladesh (High Court Division) Rules, 1973 Chapter IVA rule 6(6) The validity period of application for hearing of the same has already been expired. Application is rejected summarily. . ….. (3 & 4) AKM Alamgir Parvez Bhuiyan, Advocate-For the Opposite-Party No.2. AKM Zahirul Huq, DAG with M Masud Atam Chowdhury, AAG and...
Appellate Division :(Civil) Nazmun Ara Sultana J Md Imman Ali J Md Nizamul Huq J Altab Hossain Sikder and others ………. ………..Appellants vs Abdul Malek Sikder and others…………….…….. … RespondentsJudgmentAugust 30th, 2016Registration Act (XVI of 1908) Section 28(2)(b) Any third party who had no notice of the transaction is not precluded from challenging the validity of a deed to which he is not party and which was fraudulently registered. …..(21) In the instant case the plaintiffs are not party to...
(From previous issue) :The Proceeds of Crime Act 2002, is essentially akin to the Money Laundering Protirodh Ain of Bangladesh, as it creates the offence of money laundering and also laid down provisions of recovering/confiscation of proceeds of a crime, making it very much parallel to the Money Laundering Protirodh Ain of Bangladesh. 6. The Respondent No. I Anti-Corruption Commission of Bangladesh started inquiry into the matter vide `y`K/wetAbyt I Z`šÍ-1/gvwbjÛvwis/61-2013/31836 and then, they also opened another enquiry through their...
High Court Division :(Special Original Jurisdiction) M Enayetur Rahim JAmir Hossain J Robin Chowdhury @ Misba Uddin …. Petitionervs Anti-Corruption Commission and others……………………… Respondents Judgment July 21st, 2016Constitution of Bangladesh, 1972 Article 35(2) The doctrine reflected in Article 35(2) does not extend to any offender prosecuted and convicted in a country of distinct sovereignty, under its own statute. .. …. (28)Constitution of Bangladesh, 1972 Article 35(2) Admittedly, the accused was prosecuted, tried and convicted in UK under its own law...
High Court Division :(Special Original Jurisdiction) Md Rezaul Hasan J Kashefa Hussain J Khandokar Kamrul Hasna …………….Petitioners vsGovernment of the People’s Republic of Bangladesh, represented by the Principal Secretary, Prime Minister’s Office and others……………. . …………… RespondentsJudgment August 2nd, 2016Constitution of Bangladesh, 1972 Article 102 A departmental proceeding is not same as a criminal proceeding. It is not necessary in a departmental proceeding that any persons should be found guilty beyond reasonable doubt, a stand of proof required in a...
(From previous issue) :In support of his submissions he cites a decision of this court in the case of Mohammad Atikur Rahman vs Ainunnahar reported in 7 BLT 241. Drawing in analogy from the 7 BLT decision, he submits that in that case the court up held the principle that the defendant being the husband and not a pardahnashin lady he cannot be represented by an agent. Relying upon his submissions and the relevant provisions of the Family Courts Ordinance...
High Court Division :(Criminal Miscellaneous Jurisdiction) Zubayer Rahman Chowdhury J Md Abu Zafor Siddique J Faizur Rahman (Md) ……………Petition vs State …….. …..Opposite-PartyJudgment March 13th, 2014 Code of Criminal Procedure (V of 1898) Section 561A Penal Code (XLV of 1860)Section 272 Special Powers Act (XIV of 1974) Section 25C(a) Mere mixing wheat with bran by itself cannot constitute any adulteration of any food being otherwise noxious and when the accused person had no direct personal involvement in mixing of wheat...
