Farhad Uddin Ahmed Bhuiyan :It is admittedly true enough that the influence of English Language in legal profession has got its limit crossed throughout the centuries in Bangladesh and other countries of the world. In point blank, some one may feel irritating with the excuse that English Language should not be given priority as much as the mother tongue of them. May be it is their desire and demand but in real sense no telling to say that English Language...
Appellate Division :(Criminal) Surendra Kumar Sinha CJ Syed Mahmud Hossain JMirza Hussain Haider JJharu and another. … …..………………………..Appellants vsState … RespondentJudgment November 15th, 2016 Evidence Act (I of 1872) Section 134 A 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 . … ....
(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...
(From previous issue) :43. In the case of Md Kamal Uddin @ Md Kamal Ahmed vs Md Mezbah Uddin reported in XI ADC 2014, it is held that:- “A criminal proceeding shall not be stifled before trial, when there was a prima facie case for going to the trial……..“With regard to the submission that the Assistant Sessions Judge does not have jurisdiction to hear the matter, we may refer to the provisions of the Code of Criminal Procedure (the Code)...
High Court Division :(Civil Appellate Jurisdiction) Sheikh Abdul Awal J Shahidul Karim JHamidur Rahman and others Petitioner vs Abdul Hashim and ors …. ……… Opposite Parties Judgment July 28th, 2016Transfer of Property Act (IV of 1882) Section 51 There is no right to compensation for improvements made pendent lite’ with full knowledge of the risk in doing so and, as such, the claim of compensation of the plaintiff for the improvement works alleged to have been done during pendency of...
Barrister M Qaium :Appellate Division by its historic judgment on July 3rd 2017 upheld the judgment of the High Court Division dated 05.05.2016 striking down the 16th Amendment of the Constitution as unconstitutional. By 16th Amendment of the Constitution, Parliament assumed the removal power of the judges of the Supreme Court which was earlier dealt with by the Supreme Judicial Council.People mostly concludes that the moot question was raised and settled in this case was ‘whether the constitutional 16th Amendment...
High Court Division :(Civil Appellate Jurisdiction)Borhanuddin J Md Ashraful Kamal JDolan Tripati alias …………Dulal TripativsGobinda Jiew and Mohaprobhu Jiew Diety represented by Sree Bimalendu Das and others………… RespondentsJudgmentFebruary 8th, 2017Hindu Law-Transfer in favour of Pujari for Sheba Puja & Status of Pujari Shebait who was a manager relating to temple property had no right to transfer the property in favour of a pujari in any manner for performing Sheba puja of the deities, Status of a pujari is of a...
(From previous issue) :21. The learned Advocate for the petitioner submits that after the amendment by Act No. iii of 2006 according to Section l41(c) of the Act no court interior to that of session shall try any offence punishable under Section 138. But the instant trial is found to have been held by the Joint Metropolitan Session Judge, 7th Court Dhaka and according to Section 17 A of the Code of Criminal Procedure all Joint Sessions Judges are subordinate...
High Court Division :(Criminal Miscellaneous Jurisdiction) Farid Ahmed JAKM Shahidul Huq JMonirul Islam (Md) ……………. PetitionervsState ………..Opposite-PartiesJudgmentNovember 24th, 2016Evidence Act (1 of 1872) Section 114(f) General Clauses Act (X of 1897) Section 27 The implication of illustration (f) of Section 114 of the Evidence Act and the provision of Section 27 of General Clauses Act are that in case of posting of letter, sending notice or summons by registered post to the correct address or to the address of the...
High Court Division :(Special Original Jurisdiction)Zinar Ara JKazi Md Ejarul HaqueAkondo JAbdul Kader (Md…………PetitionerVsGovernment of Bangladesh represented by the Secretary Ministry of Law, Justice and Parliamentary Affairs and others ………RespondentsJudgmentMay 14th, 2017Artha Rin Adalat Ain (VIII of 2003) Sections 33, 34(1)(9) and (10) Attempt was taken for auction of the mortgaged property under Section 33 of the Ain and due to non-participation of the bidder, the property could not· be sold in a auction. Thereafter, on application of the decree-holder-Bank,...
Appellate Division (Civil) :Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Government of Bangladesh, represented by the Secretary, Ministry of the Local Government, Rural Development and Co-operative, Bangladesh Dhaka and others Petitioners vsMosaddek Hossain (Md) and others-RespondentsJudgment March 5th, 2017 Local Government (City Corp.) Act (LX of 2009) Sections 9 and 13 There is no bar in entertaining the writ- petition and deciding the case on merit, even though, the writ-petitioner may be a person wanted...
High Court Division :(Criminal Miscellaneous Jurisdiction) Md Rezaul Hasan J Kashefa Hussain J Nurul Islam ……………………….. …………….Accused-Petitioner vsState and another ……….. ………. Opposite-PartiesJudgment June 6th, 2016Penal Code (XLV of 1860) Sections 406 and 420 Negotiable Instruments Act (XXVI of 1881) Section 138 The offence committed under Sections 420 and 406 are totally different from one committed under Section 138(1) of the Negotiable Instruments Act, 1881, while the ingredients as well as the reliefs and punishments provided for, under two laws...
