High Court Division :(Civil Revisional Jurisdiction) SM Emdadul Hoque J Kashefa Hussain J Aleya Akter ……….. Petitioner vs Md Daulat Patwary …. ……..Respondent Judgment May 15, 2017 Family Courts Ordinance (XVIII of 1985) Section 21 Otherwise than as a witness only a ‘pardahnashin lady’ may be allowed to be represented by a duly authorised agent before a Family Court. The Ordinance, has specifically confined and limited the permission to appear through duly authorised agent to a ‘pardahnashin lady’ only. The...
(From previous issue) :5. In course of the said Execution proceedings, the judgment-debtors entered their appearance. As no property had been mortgaged with the decreetal bank, when the loan was sanctioned, the decree holder on 15-5-2011 filed an application under Section 34(1) of ‘Artha Rin Adalat Ain’ 2003 (shortly, ‘the Ain’) praying for issuing warrant of arrest against the judgment-debtors. 6. The learned Judge, Artha Rin Aoalat on considering the application so filed by the decree holder bank issued warrant...
Appellate Division (Criminal) :Surendra Kynar Sinha CJ Syed Mahmud Hossain JHasan Foez Siddique JShahidul Islam @ Shahid ………….………………..Petitioner vs State ……………………… RespondentJudgementMarch 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 and...
High Court Division :(Special Original Jurisdiction) Md Miftah Uddin Choudhury J Md Mozibur RahmanMiah JAbdul Hafiz Salawat …………….……………………..Petitioner vs First Court of Artha Rin Adalat, Chattogram and others ………… ………… Respondents” Judgment November 25th 2015 Artha Rin Adalat Ain (VIII of 2003)Section 34(10) Since the provision of sub-section 10 of Section 34 of the Ain empower the Adalat to issue warrant of arrest as well as to detain the judgement-debtor in default to re-paying the decreetal dues to the creditor...
High Court Division :(Civil Rcvisional Jurisdiction) SM Emdadul Hoque JKashefa Hussain JHalima Motiar ……………..Petitioner vsSheikh Motiar Rahman ……….. RespondentJudgmentMarch 12th, 2017Family Courts Ordinance (XVIII of 1985) Section 5 The husband is duty bound to pay maintenance during subsistence of the marriage and also for a period of 3 (three) months starting from date of the “Talak” or divorce notice given and therefore maintenance shall be paid to the wife for a period of 3 (three) months following the date in...
High Court Division :(Criminal Appellate Jurisdiction) Md Rais Uddin J MA Motin …………. …… . Accused-Appellant vsState ………Respondent'”Judgment February 14th, 2017 Code of Criminal Procedure (V of 1898) Section 431 An Appeal against a sentence of fine shall not abate by reason of death of the accused-appellant because it is not a matter which affect his person but on which affect his estate. Hence part of the appeal which relates to the sentence of imprisonment shall abate on the death...
Appellate Division (Civil) :Md Abdul Wahhab Miah JSyed Mahmud Hossain JMd Imman Ali JHasan Foez Siddique JMirza Hussain Haider JGovernment of Bangladesh and others…..PettionersvsMd Babul Howlader and others………Respondents JudgmentOctober 4th, 2017Constitution of Bangladesh, 1972Article 102(2)The authority is bound to identify any wrong doing on the part of any individual and to seek his explanation before cancelling appointment letter.The High Court Division rightly observed that the authority is always at liberty to take action against any individual who either suppressed any...
(From previous issue) :11. From a perusal of the materials on record it appears emphatically that the question of absorption arid regularization of teacher and other staffs’ who were appointed temporarily under the respondents had come up for decision in Writ Petition No. 8907 of 2009 and 3187 of 2010 wherein the Rules issued were made absolute with a direction upon the respondent concerned to regularize/absorb the services of the petitioners against vacant permanent post. It would be profitable to...
High Court Division :(Special Original Jurisdiction) Mamnoon Rahman J Shahidul Karim J Monirul Islam (Md) and others … Petitioners (in writ petition No. 3451 of 2010) vs Bangladesh Jute Mills Corporation (BJMC) and others ……….……………..RespondentsJudgment February 16th, 2015 Constitution of Bangladesh, 1972 Article 102(2) The power of absorption, no doubt, is discretionary but is coupled with the duty not to act arbitrarily, or at the whim or caprice of any individual. (22) Constitution of Bangladesh, 1972 Article 102(2) It will...
Zahid Ahammad Hero :Hindu marriage is treated as a sacrament, or a sanskara, Under Hindu shastra or law, the concept of marriage is more of a religious than secular institution. According to Hindu religious mandate, marriage is deemed as the last of 10 sacraments enjoined by Hindu religion for purifying the body. So marriage, according to Hindu law, is a holy union for the performance of religious duties. But for the solemnization of a Hindu marriage, some nuptial rites or...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Ashish Ranjan Das J Abdur Rahman and others ……….Petitioners vs Government of the People’s Republic of Bangladesh and others……….RespondentsJudgment November 8th, 2017 Constitution of Bangladesh, 1972 Article 27 Government cannot and should not discriminate among the employees falling on the same footing in paying financial benefits.All the government appeals preferred in the Sontosh Kumar case were allowed except two appeals which were dismissed by the Appellate Division upholding the decisions...
High Court Division :(Special Original Jurisdiction) Mamnoon Rahman J Shahidul Karim J Monirul Islam (Md) and others … Petitioners (in writ petition No. 3451 of 2010) vs Bangladesh Jute Mills Corporation (BJMC) and others ……….……………..RespondentsJudgment February 16th, 2015 Constitution of Bangladesh, 1972 Article 102(2) The power of absorption, no doubt, is discretionary but is coupled with the duty not to act arbitrarily, or at the whim or caprice of any individual. (22) Constitution of Bangladesh, 1972 Article 102(2) It will...
