High Court Division :(Special Original Jurisdiction) Gobinda Chandra Tagore J Mohammad Ullah J Mujibar Rahman (Md) and 2 (two) others …..Petitionersvs Bangladesh represented by the Secretary, Ministry of Labour, Bangladesh and 3(three) others………….RespondentsJudgment March 11th, 2019 Bangladesh Labour Act (XLII of 2006) Section 179 (1) (c) Wherein Section 179(1)(c) speaks about the manner in which a worker may become a member of the trade union, specifying therein that no worker shall be enrolled as its member unless he applies in...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J } KM Kamrul Kader J } SA Oil Refinery Ltd……Petitioner vsBangladesh Bank and others…..Respondents Judgment April 12th, 2018Bank Companies Act (XIV of 1991) Sections 45(l)(Ga)(Gha) and 49(Kha) Under Bank Companies Act, 1991 Bangladesh Bank (BB) holds a sublime position as a strong regulatory body and can interfere with the functioning and business of banking companies in a given situation………………………. (11) Professor Muhammad Yunus vs Bangladesh, 63 DLR 260; Mr ASF...
Liability of Possessing Contraband Drugs: Prosecution must prove exclusive attachment of the accused
High Court Division :(Criminal Miscellaneous Jurisdiction)Sheikh Abdul Awal J Bhishmadev Chakrabortty J Atiqullah Bahar (Md) alias Sohel………………Accused-Petitioner VsState……………Opposite-PartyJudgment April 16th, 2019 Code of Criminal Procedure (V of 1898) Section 498 The proposition of law is by now well settled that to substantiate with the liability of possessing contraband drugs or articles the prosecution must prove the exclusive possession of the accused over the contraband drugs or articles or goods in question and in this case there being nothing on record...
High Court Division :(Criminal Miscellaneous Jurisdiction) Md Moinul Islam Chowdhury J Khizir Hayat J Nure Alam Siddique (Tulu) …………..Accused-Petitioner vsState and another …….. Opposite-Parties'”Judgment April 2nd, 2019 Code of Criminal Procedure (V of 1898) Section 561A The legislature intended to realize the borrowed money from a defaulter primarily by exhausting the Artha Rin Adalat through selling the property on auction ‘under the mortgage deed and thereafter for the remaining amount of the borrowed money thereafter, a schedule bank would be...
High Court Division : (Special Original Jurisdiction)Syed Muhammad Dastagir Husain JMd Iqbal Kabir JAriful Islam …………PetitionsvsDhaka South City Corporation and another…….Respondents Judgment July 31st, 2018 Bangladesh Labour Act (XLII of 2006) Section 2(41) The lawyer chamber does not come under of commercial establishment. ……… the lawyer’s are the officers of the court and for the proper administration of the justice they are rendering service to the public according to their sincerity, integrity and reliability. They even cannot advertise and cant be any...
High Court Division :(Criminal Revisional Jurisdiction) Md Nazrul IslamTalukder JKM Hafizul Alam J Durnity Daman Commission … Petitioner vs Md Siddiqur Rahman and others……… Opposite Parties Judgment January 23rd, 2019 Criminal Law Amendment Act (XL of 1958) Section 4(2) Sub-Section (2) of Section 4 of the Act, which contemplates that the Senior Special Judge shall have exclusive jurisdiction to take cognizance of all offences triable under the Act committed or deemed to have been committed within that area. The law has...
Appellate Division : (Civil)Md Abdul Wahhab Miah Md Imman Ali JAHM Shamsuddin Choudhury JAwlas Hossain Babor……..Petitioner vsZiaul Hasan Chowdhury and others….RespondentsJudgment June 15th, 2015 Non Agricultural Tenancy Act (XXIII of 1949) Section 24 Whether because of the Pourashava road, the land stands partitioned by the act of a statutory body, and thus the pre-emptor is not a co-sharer…………(7) Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md Zahangir, Advocate-on-Record-For the Petitioner. Kamal-ul-Alam, Senior Advocate, instructed by Zainul Abedin Advocate-on-Record-For the Respondents No.1...
Appellate Division (Civil) :Md Abdul Wahhab Miah Nazmun Ara Sultana J Md Imman Ali J Md Nizamul Huq J J Ruhul Amin (Md)and others .. AppellantMd Forkan Ullah and another ……… RespondentsJudgment November 29th, 2016State Acquisition & Tenancy Act (:XXVIII of 1951) Section 96(3) When admittedly the pre-emptors did not deposit the value of the exchange deed which they claim to be the sale deed and the statutory compensation thereon, the pre-emption application was not at all maintainable and the...
Appellate Division : (Criminal) Syed Mahmud Hossain CJ Md Imman Ali J Hasan Foez Siddique J Mirza Hussain Haider J Abdur Rab Munshi……Petitioner vs State…….Respondent. Judgment October 7th, 2018 Code of Criminal Procedure (V of 1898) Section 35A Any period that the convict suffered in custody during the course of the trial shall be deducted from the period of his sentence……………………………. (16) SM Atikur Rahman, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the PetitionerNone Represented-For the Respondent.JudgmentMd Imman Ali J: The...
High Court Division :(Civil Revisional Jurisdiction) SM Emdadul Hoque JMohi Uddin Shamim JCityscape Planners Ltd ……Defendant-PetitionervsKari Abul Kashem………Plaintiff-Opposite-PartyJudgmentApril 28th, 2019Arbitration Act (1 of 200l) Section 10(1)(3) There is no legal bar to initiate a suit before the civil Court if any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred to arbitration,...
(From previous issue) :24. From a plain reading of the show cause notice, it appears that the show cause notice merely states that an incident took place at the University Campus (wek¦we`¨vjq K¨v¤úvm) without mentioning the exact place of the occurrence. Moreover, the said notice reveals that an attack took place on some teachers and students and some motorcycles and bicycles were burnt. However, there is no mention of the time of the incident nor is there any details or...
High Court Division :(Special Original Jurisdiction) Zubayer Rahman Chowdhury JSashanka Shekhar Sarkar JShamsujjaman (Md) and others…………Petitioners vs Bangladesh, represented by the Secretary, Ministry of Education, and others………..RespondentsJudgmentNovember 14th, 2018 Constitution of Bangladesh, 1972 Article 102(2) The image of the University and the sanctity of the University premises cannot be allowed to be vandalized and perpetrators of such action must be dealt with sternly, without Showing any lenience, even if such perpetrators are the students of the University. However, in doing...
