(From previous issue)7. The defence as it appears from trend of cross-examination of the prosecution witnesses are that of innocence and false implication .. 8. After trial the accused were convicted as aforesaid. 9. The learned Advocates appearing for the convict- appellants support the appeal. Their common contentions are that the alleged incriminating arms were not recovered from the exclusive control and possession of the appellants. They submit that the Charge as framed against the appellants are not consistent with...
High Court Division :(Criminal Miscellaneous Jurisdiction)AKM Asaduzzaman J Md Ashraful Kamal JJudgmentJuly 20th, 2011Ferdous Khan (Md)……..PetitionerVsState and others……..Opposite-PartiesNegotiable Instruments Act (XXVI of 1881)Section 138Legislature do not intent to serve notice one after another, in fact any one form therein is enough to serve the notice if it is found to be served properly as per law, in the premises if the notice returned unserved when it is served through registered post it is enough, and to be held as good...
High Court Division :(Special Original Jurisdiction) Md Moinul Islam Chowdhury J JBM Hassan J Anowara Chowdhury and others………..Petitioners vsBangladesh and others ………..Respondents JudgmentMarch 11th, 2014 Teachers and Non-Teaching Staff of Nationalized Colleges Absorption Rules, 2000Rule (Q)Relaxation is not without any specific terms and conditions because the petitioners have to qualify as per the requirement of the BCS Cadre Service within 3 years from the date of absorption as the lecturers, otherwise, the petitioners would certainly loose the benefits of the...
(From previous issue) :“51. Improvements made by bonafide holders under defective titles-When the transferee of immovable property makes any improvement on the property, believing in good faith that he is absolutely entitled (hereto, and he is subsequently evicted therefrom by any person having a better title, the transferee has a right to require the person causing the eviction either to have the value of the improvement estimated and paid or secured to the transferee, or to sell his interest in...
High Court Division (Special Original Jurisdiction) M Moazzam Husain J Md Badruzzaman JAbdul Matin Sarker … ……….Petitioner vs People’s Republic of Bangladesh and others ………..Respondents”Judgment September 26th, 2013.Constitution of Bangladesh, 1972Article 102 Passport Order (PO-9 of 1973)Articles 6 & 7 The power of the passport authority to renew the old handwritten passport or to issue new handwritten passport or MRP on surrender of the old handwritten passport is not fettered by or conditioned upon police report. Nor mere pendency of...
High Court Division(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ashraful Kamal JJudgment March 12th, 2014Mohammad Ali………….PetitionerVsJudge, Artha Rin Adalat and another………..RespondentsArtha Rin Adalat Ain (VIII of 2010)Sections 22 and 24 Adalat should remember that after amendment of Section 22 in the year 2010 mediation has been made mandatory on the part of the Adalat itself. When amended Section 22 be read together with Section 24 of the Ain it makes the proposition more clear. Now the law stands that right...
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Appellate Division (Civil) Surendra KumarSinha CJSyed MahmudHossain JHasan FoezSiddique JMirza HussainHaider JSonali Jute Mills Limited and another-PetitionersvsAnti-Corruption Commission, represented by its Chairman, Dhaka and others……….Respondents JudgmentMay 29th, 2016Anti-Corruption Commission Act (V of 2004Section 19(1)(2) Sub-sections (1) and (2) of Section 19 have given wide jurisdiction to the Commission to enquire into and investigate any allegations whatsoever as covered in its schedule and in doing so may direct any authority, public or private to produce relevant documents. The person concerned shall...
Appellate Division (Civil) Md Abdul Wahhab Miah J Muhammad Imman Ali JFarida Begum …………..……..Appellant vsMd Nurul Alam………………. Respondent* Judgment September 16th, 2015 Non Agricultural Tenancy Act (XXIII of 1949) Section 24 A preemptor shall be entitled to preempt the case land if he can prove that he is a cosharer in the case land and the same has been filed within time with the statutory deposit, of course he has to show that the necessary parties have been impleaded in...
High Court Division :(Criminal Appellate Jurisdiction) Abu Bakar Siddiquee J Mustafa Zaman Islam JLeon and another. . Convict-Appellant vsState……RespondentJudgment January 26th, 2017 Narcotics Control Act (XX of 1990) Sections 19(1) Table 1(Kha) and 19 Table 4 In a case where any drug is recovered and/or seized during any operation by the law-enforcement agencies, the determination of the quantum of the drug so recovered or seized is imperative. Unless the quantum of the drug is measured and determined by a proper...
Taimur Alam Khondaker :Bangladeshi men and women migrate willingly to Saudi Arabia, Bahrain, Kuwait, the United Arab Emirates (UAE), Qatar, Iraq, Lebanon, Malaysia, Liberia, and other countries for work, are often under legal and contractual terms. Most Bangladeshis who seek overseas employment through legal channels rely on the 724 recruiting agencies belonging to the Bangladesh Association of International Recruiting Agencies (BAIRA). These agencies are legally permitted to charge workers up to $1,235 and place workers in low-skilled jobs typically paying...
High Court Division :(Civil Revisional Jurisdiction) Soumendra Sarker J Jamini Ranjan Chakra borty and others Plaintiff-Respondent- ………………..……….Petitioners vs Bazlur Rahman and other ……….DefendantAppelllant-Opposite-Parties……………….. Judgment November 6th 2017 Land Reforms Ordinance (X of 1984) Section 5 (1) Benami Transaction-The test for examination of benami character of transaction are as follows: (i) the source from which the purchase money came; (ii) the nature and possession of the property, after the purchase; (iii) motive, if any, for giving transaction a benami colour; (iv)...