High Court Division :(Criminal Miscellaneous Jurisdiction) Md Rezaul Hasan J Kashefa Hussain JJudgment February 1st, 2016 Harun-or-Rashid (Md) and others …………Petitioner vsState and another …………….……………..Opposite-Party Code of Criminal Procedure (V of 1898) Section 561A A lot of petitions under Section 561A CrPC are moved without impleading the beneficiary of the cheque/the complaint as party to the proceeding. Appropriate provisions may be made to secure justice to the aggrieved and to stop indiscriminate granting of bail without at all considering the...
High Court Division :(Criminal Appellate Jurisdiction) Rais Uddin JJudgmentJanuary 10th, 2016SM Alim and others….. Complainant-Appellant vsAbdul Hoque Khan and another ….RespondentsNegotiable Instruments Act (XXVI of 1881) Section 138 Once the cheque has been issued it is admitted that the accused had dues to the complainant. This admitted position is summary in nature and there is little scope for taking defence in this particular case since the accused-respondent has admitted the dues by issuance of cheques which were dishonoured. The complainant...
Faruque Ahmed :1.That the Land Survey Cases have been filed with fixed court-fees amounting to Taka 300 as per provision of Clause (i) of Section 12 of the schedule 11 of the court-fees (Amendment) Act, 2010 (Act No.-XLV of 2010). 2. But the learned judges of the some Land Survey Tribunals have been directing the petitioners of the land survey cases to pay court-fees amounting to Taka 1,000. They also directing to pay arrear court-fees of pending cases as per...
Appellate Division :(Civil) Surendra K. Sinha J Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Judgment May 31st, 2016 Abdus Sobhan (Md) …………… Appellant vs Md Ahsanullah and others ……………..………. Respondents* Specific Relief Act (I of 1877) Section 22 Specific performance of contract-Mere fixation of the period in the contract even when coupled with a power to treat the contract as cancelled in the event of default in performance of contract within the stipulated time is...
Md Mukhlesur Rahman :It is our study that the laws relating to valuation of suits and payment of court fees in various types of suits of this country, i.e. the Suit Valuation Act, 1887 and the Court-fees Act, 1870, are very much technical, complicated and intricate. Besides, so far our study, there are no direct provisions respecting ascertainment of value of suits in respect of several varieties of suits for establishing various types of rights in service matters which are...
High Court Division :(Special Original Jurisdiction) Hasan FoezSiddique JJahangir Hossain JShirin Akhter … Petitioner vs Secretary, Ministry of Education, Government of Bangladesh and others ….Respondents.Judgment August 2nd, 2011 Constitution of Bangladesh, 1972 Article 102(2) Administrative Tribunal Act (VII of 1981) Section 4 The petitioner is admittedly heir of the deceased-employee, having no other forum except to invoke writ jurisdiction under Article 102 as she has/had no locus standi to make application before the Tribunal under the Act. . ….. (10)...
(From previous issue) :The investigation report alleged that the truck was seized containing the total measurement of wood 645.69 cft but some goods (woods) were legal in the truck but 381.69 cft. were found illegal which was released by the petitioner on receiving an amounting of Tk. 76.338/- on account of revenue, as compensation Tk. 2000/- and for releasing truck Tk.10,000/-in total Tk. 88.338/- and thereby disposed of the C.O.R. Case. The chargesheet also contains that the accused-petitioner was aware...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Zafar Ahmed JAbdul Hamid Chowdhury (Iqbal) and another …………. Petitioner vsArtha Rin Adalat and another. ….. RespondentsJudgment November 5th, 2015 Artha Rin Adalat Ain (VIII of 2003) Section 10(2) The law itself is a flexible one. We simply cannot understand when the law itself is so positive on the issue how the court below passed an ex-parte decree holding that though the defendant was given time to file written statement they...
Md. Moinul Islam Chowdhury and J.B.M. Hassan, JJ :Abani Bushon Thakur v. The state and others Whether the petitioner had followed the law in performing his function as a Government Forest Officer or not is the question of facts which should he decided on evidence during trial and as such the proceedings are not liable to be quashed. In an inherent power of this court under Section 561 A of the Code of Criminal Procedure is a power which should...
(From previous issue) :47. It is not at all wise in all cases to find an accused guilty if he remains absconding. Absconding by itself is the conclusive proof of guilt of the accused but it lends weight to the circumstantial evidence against him. 48. In the present case we find three other persons as accused who are close relatives to the convict-accused. One is his wife, then his full brother and third one is his father. All of them...
Barrister M. A. Muid Khan :“We want communities to have the confidence to come forward and report hate crime when it happens. Hate Crime is not ignored – we will take positive action, we will investigate, we will support victims and we will work hard to ensure the perpetrators are brought to justice.”(Cressida Dick, The Metropolitan Police, Head of Counter Terrorism) Despite the fact that the Muslims in Britain express a stronger sense of belonging in Britain than their compatriots,...
(From previous issue) :36. PW 11 SI Rois Uddin Khan, the investigating officer of the case, ‘testifies that he was on duty at Veramara police station when the occurrence took place. The officer-in-charge of the said police station assigned him the case to investigate. During investigation he visited the place of occurrence, analyzed the FIR, prepared the sketch map with Index, seized the alamot and recorded statements of the witnesses after examining them and collected inquest. report along with post-mortem...
