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(Criminal Appellate Jurisdiction) Md Habibul Gani J Md Akram Hossain Chowdhury J Tanjila Begum …………. …….. Convict-Appellant vsState………..Respondent* Judgment September 8th, 2016 Code of Criminal Procedure (V of 1898) Section 342 The appellant is a lady of twenty years as it evident from the form of examination under Section 342 as and when she was examined and she was never enlarged on bail and is in Jail custody since of her arrest in the which is for near...
(From previous issue) :Therefore such breach of contract will automatically give rise to a claim for damages by the respondents and since the respondents suffered loss and damages due to the non performance of contract by the petitioner they rightly demanded encashment of the aforesaid Bank Guarantees. 5. Mr Sheikh Md Morshed, the learned Advocate for the petitioners submits that the respondents without, giving any prior showcause notice or opportunity of being heard decided to forfeit and encash the tender...
High Court Division(Criminal Appellate Jurisdiction) Md Habibul Gani J Md Akram Hossain Chowdhury J Tanjila Begum …………. …….. Convict-Appellant vsState………..Respondent* Judgment September 8th, 2016 Code of Criminal Procedure (V of 1898) Section 342 The appellant is a lady of twenty years as it evident from the form of examination under Section 342 as and when she was examined and she was never enlarged on bail and is in Jail custody since of her arrest in the which is for near...
(From previous issue) :Therefore such breach of contract will automatically give rise to a claim for damages by the respondents and since the respondents suffered loss and damages due to the non performance of contract by the petitioner they rightly demanded encashment of the aforesaid Bank Guarantees. 5. Mr Sheikh Md Morshed, the learned Advocate for the petitioners submits that the respondents without, giving any prior showcause notice or opportunity of being heard decided to forfeit and encash the tender...
High Court Division :(Criminal Appellate Jurisdiction) Syed Md Ziaul Karim J SM Zakir Hossain J Shagor Prodhan ……. ………………..Accused-Appellant vs State ….. Respondent Judgment November 16th, 2016 Explosive Substance Act (VI of 1908) Sections 2 and 3 Bail in a explosive substances case- No legal or moral compulsion to keep a person in Jail merely on the allegation of commission of offences punishable with death or imprisonment for life. Ultimate conviction and incarceration of a mate conviction and incarceration of...
High Court Division :(Special Original Jurisdiction) Tariq ul Hakim J Md Faruque (M Faruque) JJudgment August 23rd, 2016 Akram Hossain…………….Petitioner in all the Writ Petitioner VsBangladesh Rural Electrification Board, represented by its Chairman and others … …………. RespondentsBank Guarantee The demand for encashment of Bank Guarantees cannot be injuncted by a Court unless there is clear evidence of fraud and the Bank has notice of it. ……(15) Continental Construction Ltd. vs Sailuj jal Vidhut Nigam Ltd. a decision of the...
High Court Division :(Criminal Appellate Jurisdiction) Syed Md Ziaul Karim J SM Zakir Hossain J Shagor Prodhan ……. ………………..Accused-Appellant vs State ….. Respondent Judgment November 16th, 2016 Explosive Substance Act (VI of 1908) Sections 2 and 3 Bail in a explosive substances case- No legal or moral compulsion to keep a person in Jail merely on the allegation of commission of offences punishable with death or imprisonment for life. Ultimate conviction and incarceration of a mate conviction and incarceration of...
High Court Division :(Special Original Jurisdiction) Tariq ul Hakim J Md Faruque (M Faruque) JJudgment August 23rd, 2016 Akram Hossain…………….Petitioner in all the Writ Petitioner VsBangladesh Rural Electrification Board, represented by its Chairman and others … …………. RespondentsBank Guarantee The demand for encashment of Bank Guarantees cannot be injuncted by a Court unless there is clear evidence of fraud and the Bank has notice of it. ……(15) Continental Construction Ltd. vs Sailuj jal Vidhut Nigam Ltd. a decision of the...
Appellate Division (Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Abdur Rahim Molla …………………. Appellant (In CA Nos. 325 & 330 of 2009)vsProsenjit Kumar Shaha and others ………Respondents(In all the appeals) Judgment November 22nd, 2016 Transfer of Property Act (IV of 1882)Section 123‘Youtuka’ is a kind of gift and such gift if made at the time of marriage of daughter is valid in respect of immovable property and no registration is...
High Court Division :(Civil Appellate Jurisdiction) Mamnoon Rahman J Md Abu Zafor Siddique J Sonali Bank ………….…………………..Appellant vs Md Lutfor Rahman and others …………….………. RespondentsJudgment February 9th, 2012 Artha Rin Adalat Ain (VIII of 2003) Section 50 Imposition of interest cannot be reduced or waived by the Court of law in any manner. The Court is to accept the rate of interest and other issues fixed by the financial institution. …… (6) Artha Rin Adalat Ain (VIII of 2003) Section...
