High Court Division :(Criminal Revisional Jurisdiction) Bhabani PrasadSingha J SM Mozibur Rahman J Ziauddin Ahmed ….. …. Accused -PetitionervsState………………………………..Opposite-PartyJudgment September 10th, 2015. Code of Criminal Procedure (V of 1898) Section 561 A Anti-Corruption Act (XXVI of 1957) Section 3 Investigation by an ASI does not per se become without jurisdiction and a proceeding cannot be quashed mainly because there is irregularity, if any, in the investigation. ….(10) Md Abul Hossain vs State, 19 BLD (AD) 97 = 4 BLC (AD) 122...
High Court Division(Special Original Jurisdiction) Md Rezaul Hasan J Kashefa Hussain J Judgment July 27th, 2016 Akhtaruzzaman (Md) ………….. PetitionervsAdministrator of Waqf, Waqf Administration of Bangladesh and others …. Respondents* Waqf Ordinance (1 of 1962)Sections 27(g) and 43 The ultimate objective of the estate being for the beneficiaries of the waqf nothing can be done which can cause any sort of detriment or can otherwise cause impediment to the smooth running of the administration of any waqf estate for the...
High Court Division(Criminal Revisional Jurisdiction)Syed Md Ziaul Karim JAshish Ranjan Das JHanif………….Accused-PetitionervsState ……….Opposite-PartyJudgmentJune 15th, 2014Code of Criminal Procedure (V of 1898)Section 339C(4)In view of repeal of sub-section (4) of Section 339C of the Code followed by re-enactment of the said sub-section the new procedural law will be applicable in the pending cases, although instituted when the old provision was in force and the pending cases are to be governed by the new procedure under the amended law. Sub-section (4) of...
Appellate Division (Civil) :Nazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JABM Nasrul Aziz…………PetitionervsCrescent Jute Mills Company Limited, represented by its General Manager and others… RespondentsJudgmentSeptember 15th, 2014Constitution of Bangladesh, 1972Article 102(2)The petitioner receive benefits and salary up to the age of 60 years as a teacher not as an employee of BJMC and, therefore, there will not be any deduction in respect of salary received as a teacher up to the age of 60 years. …….(9)ABM Bayezid, Advocate,...
High Court Division :(Criminal Miscellaneous Jurisdiction) Borhanuddin JMd Ashraful Kamal JRoma Morshed………Accused-PetitionervsState and another…………Opposite PartiesCode of Criminal Procedure (V of 1898)Section 561A Negotiable Instruments Act (XXVI of 1881) Section 138(lA) Service of notice is a question of fact which can be determined by the trial court upon taking evidence. Quashment of proceedings at the stage when trial already began and prosecution witnesses are being examined, is not permissible. On perusal of the order sheet of the court below as appended...
(From previous issue) :On perusal of the cross examination of the PW 1 it appears that the shipping agent was appointed by the bank and in his cross examination PW I failed to assert the steps taken by the shipping agent appointed by them in due course. It further appears from the cross examination that apart from Taka.20,000 deposited earlier, the bank received Taka. 1,20,000 further amount from the auction proceed. While adjudicating the suit the Court held as follows;“????...
High Court Division :(Civil Appellate Jurisdiction) Mamnoon Rahman J Md Abu Zafor Siddique J Judgment February 14th, 2012 Sonali Bank….AppellantvsHabib Medical Store and another …………………………. Respondents* Artha Rin Adalat Ain (IV of 1990)Section 4 There is no bar upon the Court below in dealing with the matter relating to interest in any manner which however in the present Act is a mandatory one. The Court of law enjoys ample authority under the previous law to impose interest but at the...
(From previous issue) :Thus, proceedings in Criminal Court should be stayed or adjourned where identical issues based on same facts as in criminal cases are involved in suits pending in Civil Court (Vasu Vydier vs State of Kerala, 1975 CrLJ 494, 497 (Ker). If the object of the criminal proceedings, instituted while a civil suit in respect of the same matter is pending, is in reality to prejudice the trial of the civil suit by a preliminary enquiry into the...
Auction land must be shown in schedule of execution case :High Court Division (Civil Revisional Jurisdiction) Md Abdul Hafiz J SM Mozibur Rahman JAminul Islam (Md) ……..Judgment-Debtor-PetitionervsBangladesh House Building Finance Corporation, Dhaka ……….. Decree-Holder- Opposite PartyJudgmentMay 12th, 2015Code of Civil Procedure (V of 1908) Section 115(1) The executing Court cannot pass any order for auction sale of any land not shown in the schedule of the execution case. We have perused the order in question dated 3-6-2013 and found that...
Appellate Division :(Criminal) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Mirza Hussain Haider J Jharu and another. … Appellants VsState……….RespondentJudgmentNovember 15th, 2016Evidence Act (1 of 1872)Section 134A single testimony if convincing and found to be full complete and self-contained, whether corroborated by other witness or not, is sufficient to bring home the charge and, as such, there will be no illegality in convicting an accused on the basis of such single evidence . …… (12) Md Abdul Majid Sarkar...
(From previous issue) : The civil and criminal proceedings are not only different but also they are independent from each other. Simply because a suit has been decreed in a case of dishonoured cheque, that ipso facto does not decide criminal proceedings and vice-versa. It is so for the reason that in such matter in criminal proceedings relief would be for punishing a person for the offence committed whereas, in civil proceedings, the relief would be for the amount of the...
High Court Division :(Criminal Miscellaneous Jurisdiction) AKM Asaduzzaman JZafar Ahmed JSirajuddaula (Md) …………Petitioner vsState and another……..Opposite-Parties(In all cases)JudgmentNovember 20th, 2016Code of Criminal Procedure (V of 1898) Sections 344 and 403 It is not an invariable rule that there cannot be any parallel proceedings on the same facts in criminal and civil courts. At the same time, Section 344 of the CrPC vests power upon the Court to postpone or adjourn criminal proceedings for any other reasonable cause. Proceedings in Criminal...
