High Court Division :(Criminal Miscellaneous Jurisdiction) Salma MasudChowdhury JFRM Nazmul Ahasan JJudgment March 1st, 2016 Shahid Ullah (Md) …. ……….………………………Petitioner vs State and another…………………………..Opposite-Parties Code of Criminal Procedure (V of 1898)Section 195(l)(c)Clause (c) of section 195(1) of the Code of Criminal Procedure, 1898 bars the jurisdiction of a Criminal Court to take cognizance upon a private complaint of certain offences committed by a party to any proceeding in a Court in respect of a document when used or produced in...
Farhad Uddin Ahmed Bhuiyan, Advocate :Punishment is, in real sense, an ultimate award paid to the criminals considering the range and degree of the crime. Though throughout the world some of the experts in its kind and criminologists are deeply concern & in dispute that whether death sentence is valid or not to secure the society. To me, it is absolutely important to state that having considered the matter of offence or crime, if applicable, death sentence can really be...
(From previous issue) :19. In the same vain, reliance may be placed to an unreported decision passed in writ petition no 10201 of 2015 dated 25-7-2016 in the case of Tangen Agro Limited vs National Board of Revenue in where the Court took a similar observing that, before issuing a demand notice for short levied duties, the petitioner should have been given show cause notice though there has been no provision to that effect in Section 83A of the Act....
Barrister Tarikul Islam :The Civil Rules and Orders (CRO) started its journey to regulate the working system of courts in 1918 under the then British colonial rule. Following the independence of India and Pakistan in 1947 and Bangladesh in 1971, the CRO has been amended to adopt and adapt the demands of ever changing times and circumstances. The amendments made our CRO i.e. courts’ working system smarter, more brilliant and efficient. Much of the credit of this amendments and developments...
High Court Division (Special Original Jurisdiction) Zubayer Rahman Chowdhury JMd Mozibur RahmanMiah JMainul Hasan (Md) … ……………….Petitioner vs Commissioner of Customs, Customs House, ICD Dhaka and others…………….……………Respondents*Judgment November 20th, 2016 Constitution of Bangladesh, 1972 Articles 102(2) and 111 Customs Act (IV of 1969) Sections 83A and 32(3)(4) Show cause notice should be issued prior to make final demand to fix the liabilities of the person or persons involved in such wrongdoing. We hold that, the respective Respondent will bring in...
High Court Division (Special Original Jurisdiction) Zinat Ara J KM Kamrul Kader J Redwan Ahmed………………………………………Petitioner vs Anti-Corruption Commission others Respondents Constitution of Bangladesh, 1972 Article 102(2) Code of Criminal Procedure (V of 1898) Section 561A The petitioner has challenged the proceeding of a criminal case without challenging the virrs of the low involved. If the proceeding of criminal case is declared to be unlawful and be of no legal effect, in such case, it would tantamount to quashing of a...
High Court Division (Special Original Jurisdiction) Md Rezaul Haque J Md Khurshid AlamSarkar JBangladesh Krishi Bank and another ………………………. PetitionersvsJoint District Judge, 1st Court and Artha Rin Adalat & others Munshigonj………………….…………….RespondentsJudgment May 3rd, 2016 Limitation Act (IX of 1908) Sections 19(1), 20, 180 and 182(2) Artha Rin Adalat Ain (VIII of 2003) Section 28 Mere acknowledgement of liability and payment is enough, such acknowledgement and payment is the foundation of an action. It is well settled that the acknowledgement or...
Appellate Division (Civil) Md Abdul Wahhab Miah J Md Imman Ali J AHM Shams uddin Choudhury J Judgment June 23rd, 2015 Helaluddin ………… ……… Appellant Nazimuddin and others ………………… Respondents” Code of Civil Procedure (V of 1908) Order XLI, rule 3 Where a co-sharer in ejmali property, when he has been in exclusive possession of a specific and separate share thereof demarcated by boundary, is entitle to retain his portion till legal partition, by an order of injunction. …………..We find that...
APPELLATE DIVISION :(Civil) Md Abdul Wahhab Miah J Md Imman Ali J Md Nizamul Hoq J MM Ibrahim ………. ………….. Petitioner vsMizanul Haque Chowdhury and ors .. ……… Respondents Judgment September 5th, 2016 Code of Civil Procedure (V of 1908) Sections 152 and 153 Companies Rules, 2009 Rules 8 and 263 Prayer for modification of the order would not attract the provisions of Sections 152 and 153 of the Code and Rules 8 and 263 of the Rules, 2009….(6) Functus...
High Court Division :(Civil Appellate Jurisdiction) Md Nuruzzaman JFarid Ahmed JPubali Bank Ltd ………… ….Appellant vsBangladesh Tea Limited and others ……… ……… … Respondents·JudgmentFebruary 25th, 20n Artha Rin Adalat Ain (IV of 1990) Section 6 Since the law is very much clear that the ex-parte decree would have challenged by filling the application under Section 6 of the Artha Rin Adalat Ain by depositing 50% of the decreetal amount. besides that, our Appellate Division in many cases decided this very...
(From previous issue)20. Admittedly, Samadullah died leaving behind four sons and 2 daughters. The plaintiffappellants became co-sharers in the disputed jote left behind by Samadullah by purchase. Defendant Nos. l and 2 claimed that they also became owners in the disputed jote left behind by Samadullah by purchase and inheritance. The plaintiff-appellants claimed title to the disputed jote left behind by Samadullah without impleading the admitted co-sharers to the suit. While seeking declaration of title in an undivided jote, the...
Barrister M Qaium :A.V. Dicey in his famous book ‘The Law of Constitution’ stated that “This system, which makes the Judges the guardians of the Constitution, provides the only adequate safeguard which has hitherto been invented against unconstitutional legislation”. Supreme Court becomes guardian of our Constitution whenever question of constitutionality of legislation becomes justiciable and brought before it. The issue of judicial review power of Supreme Court has once again come to light recently when Prime Minister Shiekh Hasina has...
