High Court Division :(Criminal Revisional Jurisdiction) Abu Bakar Siddiquee JJudgmentFebruary 17th, 2013Abdul Hashem & another……Convict-Petitionersvs State…….Opposite-PartyPenal Code (XLV of 1860)Section 379In absence of specification of land, the case of snatching paddy, suffers from inherent infirmity. It is the complainant who is to say from what specific land, the charge for commission of offence has been formulated. The evidence of theft against each of individual accused is lacking and the Courts below does not came to a clear finding of individual...
APPELLATE DIVISION :(Criminal) Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Judgment August 31st, 2015 Sharif alias Shaira …. ………….. Petitioner VsState……..Respondents Code of Criminal Procedure (V of 1898) Section 561A In an application under Section 561A of the Code, there is little scope to scan the evidence, of witnesses and that since it is not a case of no evidence it is difficult to interfere with the judgment passed by the Tribunal....
The limit to complete enquiry is mandatory unless otherwise fixed by law :HIGH COURT DIVISION (Special Original Jurisdiction) Md Rezaul Hasan J Kashefa Hussain J Balayet Hossain (Md) ….. ………………………… Petitioner vs Secretary, Ministry of Water Resources and others …. Respondents* JudgmentAugust 28th, 2016 ???????? ???? ?????? ????? (????????? ????????) ?????? ???????? ????, 2013Rule 52(4) In absence of any provisions for extension of time limit or condonation of delay, the time limit prescribed under sub-rule (2) of Rule 52 to...
High Court Division (Special Original Jurisdiction) Syed Md Dastagir Husain JAKM Shahidul Huq JJudgmentJune 6th, 2016Bangladesh National Foundation of Deaf …………….Petitioner vs Government of Bangladesh and others ..RespondentsConstitution of Bangladesh, 1972 Article 102(2) Since there is no natural calamity nor any state of emergency and facts remains the petitioner is trying to held the AGM for the purpose of Constitution of Election Commission and, as such, the registration authority can extend the period of 90 days. In that view of...
Appellate Division(Civil) Surendra Kumar Sinha CJSyed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JJudgment March 29th, 2016Assistant Commissioner of Taxes, Salaries and anothers AppellantvsBM Baker Hossain and others……………. RespondentsIncome Tax Ordinance (XXXVI of 1984) Section 92 Legal representatives shall be liable to pay tax or other sum payable under Ordinance but the liabilities of the legal representatives under this Ordinance shall be limited to the extent to which the estate of the deceased is capable of meeting the liability....
Appellate Division :(Criminal) Nazmun Ara Sultana JSyed MahmudHossain JMd Imman Ali JJudgmentMay 29th, 2014Muntasir Mamun Khan (Md) and others …….PetitionervsState and another….RespondentsCode of Criminal Procedure (V of 1898) Section 265C If the Court/Tribunal, on examination of the records and also after hearing both the sides finds that there are sufficient materials for proceeding against the accused the court/tribunal shall frame charge against the accused persons, there is no requirement in law for recording the reasons for framing charge elaborately. Law...
Appellate Division :(Civil) Abdul Wahhab Miah JNazmun Ara Sultana JMd Imman Ali JMd Nizamul Huq JJudgmentMarch 31st, 2016Moulavi Abdul Wahab ………..Petitioner Nur Ahmed and others…………….RespondentsCode of Civil Procedure (V of 1908) Section 115(1) How a Judge after recalling the order making a matter out of list hear the same on that the very date and dispose the same, in the absence of the petitioner. The High Court Division Rules permits a particular Judge to recall the unsigned order, but that...
High Court Division :(Criminal Miscellaneous Jurisdiction) Sheikh Abdul Awal J Shahidul Karim JSheikh Saniat Ialam and others ………. ……. Accused – Petitioners vsState …Opposite-PartyJudgment November 3rd , 2016 Code of Criminal Procedure (V of 1898) Section 561A Nari-o-Shishu Nirjatan Daman Ain (8 of 2000)Sections 11(Ga)/30 There are specific allegations of dowry against the accused which prima-facie discloses an offence under the Ain. The contentions as raised by the accused petitioners that the marriage was not solemnized in accordance with law,...
Faruque Ahmed :As we know that a final decree or order passed and drawn by a competent civil court/ tribunal is binding upon its parties and even binding upon all as to its existence as per Section 43 of the SR Act. Formerly Section 143(a) of the State Acquisition and Tenancy Act. 1950 was inserted after Section 143 by EP Ordinance No. VIII of 1965, had authorised a person aggrieved by a wrong order or omission of entry in record...
Appellate Division(Criminal) Surendra KumarSinha CJSyed Mahmud Hossain JMirza Hussain Haider JDurnity Daman Commission……..PetitionerVsMohammad Hossain and another……….RespondentsJudgmentNovember 13th, 2016Money Laundering Protirodh Ain (Vof 2012) Section 2 (d) Bail in a money laundering case–Since the accused persons made positive statements that Destiny Group own 35,00,000 saleable trees planted on more than thousand acres of land, which may be sold at Taka 28,00,000 crore approximately, this court finds that if the proposal of the accused persons is accepted the public money will be...
Appellate Division : (Civil) Surendra K. Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Government of Bangladesh and another. …. Petitioners VsMd Abul Kalam Azad and others ……………. RespondentsJudgment December 14th, 2015Constitution of Bangladesh, 1972 Articles 94(4) and 116A The independence of judiciary, as affirmed and declared by Articles 94(4) and 116A is one of the basic pillars of the Constitution and cannot be demolished, whittled ground or curtail or demolished of any manner whatsoever, expect...
(From previous issue) :12. We also find that, the Appellate Division in Criminal Appeal Nos. 07-22 of 2011 as well as the provisions of law, viz sub-section (2) of Section 140 of the Negotiable Instrument Act, 1881, clearly make a proceeding maintainable even if the company, on whose account the dishonoured cheque was drawn, has not been impleaded as one of the co-accused in a case filed under Section 138(1) of the Act. 13. We have gone though the judgments...
