(From previous issue) :Thus, Jayanti Rani brought a criminal case of rape with a plea that she would not have given consent to sexual intercourses, had her colleague not promised of marriage. Indian Supreme Court acquitted the accused and held that:“The failure to keep the promise at a future uncertain date due to reasons not very clear on the evidence does not always amount to a misconception of fact of the inception of the act itself. In order to come...
High Court Division :(Special Original Jurisdiction) Gobinda ChandraTagore J Abu Taher Md SaifurRahman J Judgment July 31st, 2016 Modhumoti Power Ltd …. ………………….. Petitionervs Government of Bangladesh, represented by the Secretary, Ministry of Power, Energy & Mineral Resources, Bangladesh and others…………………………… Respondents* Constitution of Bangladesh, 1972 Article 102(2) Legitimate Expectation-Any decision taken subsequently by the Government or any other authority is effective prospectively only, but not retrospectively. Since the respondents time and again gave consent to supplying gas to the petitioner’s...
High Court Division :(Criminal Appellate Jurisdiction) Md Emdadul Huq JAshish Ranjan Das JJudgmentMay 11th, 2016Najim Uddin (Md)…….Convict-Accused- Appellant vsState…… Respondent Nari-o-Shishu Nirjatan Doman Ain (VIII of 2000) Section 9(1) Only one party of the two contributing to the amicable act can not be stamped to have committed an offence of rape. The act of the male partner does not attract the mischief of Section 9(1) of the Ain. That liberal interpretation of Section 9(1) of the Ain, 2000 tilting towards...
Appellate Division :(Criminal) Surendra Kumar Sinha CJSyed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JTofajjal Hussain (Md ……… AppellantState……….. RespondentJudgmentJuly 20th, 2016Code of Criminal Procedure (V of 1898) Section 162A statement made by an accused to a police officer in course of the investigation of a case is not at all admissible. Even a statement made by a witness to a police officer in course of investigation is not also admissible in evidence. It can be used for the...
(From previous issue) :This is based on a wrong notion. Question of pendency of any proceedings does not arise at this preliminary stage. Because no case can be filed by the Commission against any person unless and until the investigation officer collects prima-jacie materials from which it can be inferred that the suspected offender has violated the law The -matter is at the preliminary stage. The Commission has been given the p0wer to holding inquiry as had been given to...
Appellate Division :(Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Md Bazlur Rahman J Anti-Corruption Commission, Dhaka and others………..Petitioners vsAbdul Azim and ……………others …….. Respondents Judgment February 14th, 2016 Code of Criminal Procedure (V of 1898) Section 9 No person shall be appointed a Special Judge unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge. A Sessions Judge, an Additional Sessions...
High Court Division :(Special Original Jurisdiction) Md Miftah UddinChoudhury J ANM Mashir Ullah J Elaine Apparels Limited …………..Petitioner vs Commissioner of Customs, Chittagong And others………….. ………….. Respondents Judgment June 16th, 2016 Customs Act (IV of 1969) Section 22 No re-import was made by the petitioner rather he was compelled to take back his product which was already on board for the reasons created by the buyer in Russia and this fact is admitted by Customs authority itself as evident from...
High Court Division :(Criminal Appellate Jurisdiction) Quamrul Islam Siddique J AKM Zahirul Hoque J Moshiur Rahman Bhuiyan @ Babu …. Accused-Appellant vsState……… Opposite PartyJudgment March 9th, 2014 Arms Act (XI of 1878) Section 19A The arms and ammunition which have been manufactured for the army supply cannot be possessed by the accused or any other ordinary persons. This creates doubt in the mind how a pistol which is manufactured for army supply only can be possessed by the accused. The...
High Court Division :(Criminal Miscellaneous Jurisdiction)AKM Asaduzzaman JMd Iqbal Kabir JMozahar Sowdagor (Md) and others…..PetitionersvsState and another……….Opposite-PartiesJudgmentFebruary 3rd, 2016Negotiable Instruments Act (XXVI of 1881) Section 140 In the first part of Section 140 of the Act contain the offence committed by the person, who are responsible as well as in charge of the company at the time of commission of offence, shall be deemed to be guilty. But the 2nd part of Section 140 of the Act provides that any director,...
Md. Mukhlasur Rahman :Background of the critique: We know that recently a special kind of court, namely “the Land Survey Tribunals” has been constituted by innovation in our country u/s. 145A(1) of the State Acquisition and Tenancy Act; which is specially created for the purpose of determination of the disputes arising out of the final publication of the last revised record-of-rights prepared u/s. 144 of SAT Act. I beg pardon to mention that I have published a book on this...
High Court Division :(Criminal Appellate Jurisdiction) Syed Md Ziaul Karim J SM Zakir Hossam JShagor Prodhan ………….………………… Accused-Appellant vsState ….. 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 a guilty person can...
High Court Division (Civil Appellate Jurisdiction) Quazi Reza-ul Hoque JJN Deb Choudhury JSukumar Nath and another …………..…………………………….Appellants vs Rupan Kanti Nath and another………….. ……………………………RespondentJudgmentJune 13th, 2017 Registration Act (XVI of 1908) Section 17 Registration of instruments of gift of immoveable property is compulsory-In a probate case the Court is concerned with due execution of the ‘Will’ and not with the question whether the testator had title to the property or whether he had any authority to otherwise deal with the...
