High Court Division :(Civil Revisional Jurisdiction) Sheikh Abdul Awal JShahidul Karim JBASIC Bank Ltd . Plaintiff-Appellant vs Sarwar Enterprise and others ………………….Defendant-RespondentsJudgment June 7th, 2016 Artha Rin Adalat Ain (VIII of 2003) Section 13(3) If the subject matter of the plaint is admitted in the written statement and if the plaintiff filed an application praying for passing judgment under Section 13(3) of the Ain, and then the Adalat shall dispose of the suit by its judgment or order under the...
(From previous issue) :5. It is further stated that during the tenure of the Respondent No. 6 as Chief Engineer of LGED, numerous allegations of corruption, bribery and dishonest practice had been raised against LGED by various groups, including Transparency International Bangladesh and leading daily newspapers of Bangladesh, in some of which the Respondent No.6 was personally implicated. It is further stated that the Anti-Corruption Commission of Bangladesh is decided to launch an investigation against the Respondent No.6 with respect...
(From previous issue) :8. The. only question that calls for consideration by us in this Writ Petition is whether· under the governing law and the decisions of the Appellate Division and this Division the impugned order would sustain. 9. At the very outset it would be worthwhile to address the first part of the Rule which relates to improper service of summons being affected in violation of Section 30 of the Ain. Before addressing the issue it is to be...
Appellate Division (Civil) :Md Abdul Wahhab Miah JMd Imman Ali JKanchan Mallik and others…………….Appellantsvs Saleha Begum and others………….RespondentsJudgmentNovember 18, 2015Code of Civil Procedure (V of 1908) Order VII, Rule 4 Since the plaint does not properly identity the suit land and no boundaries are mentioned in the schedule to the plaint nor any sketch-map appended thereto which might assist in identifying the suit land, there is no alternative but for the parties to establish their respective claim in a suit...
High Court Division :(Special Original JurisdictTariq-ul-Hakim JAKM Shahidul Huq JAbdus Shaheed (Md) and another ………… . Petitioner vs Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Bangladesh, Dhaka and others……..RespondentsJudgment April 29th, 2014Constitution of Bangladesh, 1972 Article 102(2) Administrative Tribunal Act, 1980 (VII of 1981) Section 4 Even if legal right or even a fundamental right is infringed still the doors of the High Court Division is closed to the petitioners under Article 102 of...
Appellate Division :(Civil) Md Abdul Wahhab Miah JNazmun Ara Sultana JMasum Billah (Md) and another…….PetitionsvsMd Saidur Rahman and others…………RespondentsJudgmentJuly 3rd, 2017Code of Civil Procedure (v of o 1908) Section 144 and Order IX, Rule 13 Mere passing of a final decree and its execution thereof shall not debar a defendant to file an application under Order IX, Rule 13 of the Code if, in fact, summons were not served upon him and he was affected by the very preliminary decree....
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ataur Rahman Khan JAli Ajgar (Md)………..……………………..Petitioner vsBangladesh represented by the Secretary Ministry of Finance, Bangladesh & others ….. …………. Respondents* JudgmentJuly 28th, 2016Artha Rin Adalat Ain (VIII of 2003) Section 34(9) Order of warrant of arrest is not a punishment but only a specific tool for recovery of outstanding dues. The law is well settled which is no longer a res integra. Section 34(9) of Ain enjoins that at...
(From previous issue) :27. On the other hand, in some cases, this can also act to the benefit of the accused person. Although a person may have been in possession of more than 25 grams of drug which would, no doubt, attract the higher sentence, but due to uncertainty about the actual quantity of drug that is seized or recovered, he is entitled to the benefit of doubt and, accordingly, awarded a lesser sentence under Table I (ka). 28. The...
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...
High Court Division :(Civil Revisional Jurisdiction) Md Miftah Uddin Choudhury J Kamruzzaman (Md) @ Ratan (Minor) … Petitioner vs Md Dulal Mia………….………… Opposite PartyJudgment . October 9th, 2013 Mohammadan Law Section 352 A mother is custodian of a minor son till he attain the age of 7 years and of a minor daughter till she attain the age of puberty, but just on second marriage of the mother the father by operation of law becomes the custodian, for such custody...
High Court Division :(Criminal Appellate Jurisdiction) Syed Md Ziaul Karim J Ashish Ranjan Das J Judgment June 4th, 2014 Matiur Rahman (Md) ….. … Complainant-Appellant vsAbdul Shahid and two others…………RespondentsNarajee Petition During inquiry the Police in its report merely stated that there is no eye witness to the occurrence. But the complainant in his narajee petition categorically stated that the Police without visiting the place of occurrence without examining the eye witnesses most illegally submitted a perfunctory report. There are...
High Court Division :(Special Original Jurisdiction) Tariq ut Hakim JMd Faruque (M Faruque) J Rumeen Farhana……………………………. Petitioner vsBangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Dhaka and others . ……………. RespondentsJudgment June 4th, 2017 Constitution of Bangladesh, 1972 Article 102(2) In the absence of custodial order or warrant of arrest by a Court of law a person cannot be restrained from going abroad . ….. (16) Constitution of Bangladesh, 1972 Articles 36 and 102(2) Immigration Officials have no...
