Appellate Division (Civil) Nazmun Ara Sultana JSyed MahmudHossain JJudgmentApril 28th, 2014Abu Hanif Hawlader……….Petitioner vsMohammad Amanat Ullah Hawlader and others .. RespondentsState Acquisition & Tenancy Act (28 of 1951) Section 96 The pre-emptors admitted that they had knowledge about the deed of exchange but they had no knowledge that it was actually a sale and that knowing about the fact that the transfer in question was actually a sale but the deed was created as an exchange deed in order to...
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 :(Special Original Jurisdiction)Tariq ul Hakim J Md Faruque (M Faruque) JJudgment December 14th, 2016Abdullah Md Ehtesham (Md) ……………Petitioner vs Secretary, Ministry of Religious Affairs, People’s Republic of Bangladesh and others ….. …………… RespondentsWaqf Ordinance (1 of 1962) Sections 32(1) and 44 If the waqf estate is not managed and administered in accordance with the wishes of the waqif and the original waqf deeds under section 32(1) of the Ordinance, the beneficiaries can always lodge complaint to the...
(From previous issue) :Sub-section 9 of section 34 provides that before issuance of warrant of arrest and order of detention at least auction is to be held once and it is the sine qua non to the issuance of order of detention but in the present case no property was mortgaged by the borrower as security against loan to be sold in auction. However, the loan was secured by an Insurance Policy. As per terms of the Policy the Insurance...
High Court Division (Special Original Jurisdiction) Nozrul Islam Chowdhury J . Mohammad Ullah J City Bank Ltd Petitioner vsLabour Appellate Tribunal and others ………..RespondentsJudgment July 7th, 2012. Constitution of Bangladesh, 1972Article 102(2) Unless the question of forgery is decided properly, the question of registration of the Union is not possible, effectually and completely.Palli Daridra Bemochan Foundation vs Palli Daridra Foundation Karmachari Union (proposed), 57 DLR (AD) 155 ref. Ahsanul, Karim with Khairul Alam Chowdhury & Aminul Hoque, Advocates-For the Petitioner....
High Court Division :(Civil Revisional Jurisdiction Sheikh Abdul Awal J Shahidul Karim JMahabub Alam (Md) …………. Plaintiff-Petitioner vsLiton Gosh and others ………………… Defendant- Opposite PartiesJudgmentAugust 4th, 2015.Code of Civil Procedure (V of 1908) Order XXXVIII, rule 5 Attachment before judgment-If the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him the Court is empowered to pass an order of attachment before judgment....
MI Farooqui :A convict at the gallows could hardly narrate the pangs of death as vividly as Socrates had done. He was convicted by the majority of 500 jurors of Athens (361-139) in 399 BC on charges of corrupting the youth, practicing religious novelties, and neglecting the gods. Administered with Hemlock to lead to death he vividly narrated the effects of the poison before he breathed his last. This is reported in the Phaedo of Plato as follows: Socrates, walked...
Appellate Division (Criminal) Md Muzammel Hossain CJ Surendra Kumar Sinha J Md Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Azizul Haque Bacchu (Md) …………………………………..Petitioner vs State…………………..Respondent Judgment February 25th, 2013.Code of Criminal Procedure (V of 1898) Section 374 In view of the gruesomeness of the attack upon two very young, innocent and helpless children and noting of the ruthlessness of the attack and the callous disregard of the condemned prisoner for human...
(From previous issue)5. In the aforesaid circumstances, having no other way, the petitioner sent a Notice Demanding Justice on 22-7-2012 requesting the respondent Nos. 1, 2 and 3 to release the awarded compensation in respect of the scheduled land in favour of the heirs of the said Md Akkas Ali. But the respondent Nos. 1, 2 and 3 did not take any action in this regard. 6. Being aggrieved by and dissatisfied with the inaction of respondent Nos.1, 2 and...
High Court Division :(Special Original Jurisdiction) JBM Hassan JMd Khairul Alam JRupali Bank Limited …………PetitionervsJudge, Artha Rin Adalat No.4, Dhaka and others………RespondentsArtha Rin Adalat Ain (VIII of 2003) Section 33(5) Since, no property was mortgaged by the principal borrower, direction is not in any way put any embargo upon the Adalat to sell the properties mortgaged by the 3rd party mortgagors including the properties of the respondents Nos. 2-10 in auction and to issue certificate under Section 33(5) of the...
High Court Division :(Criminal Appellate Jurisdiction) ANM Bashir Ullah J } Parimal Adhikari……Mustafa Zaman Islam J } Informant-Appellant vs Judgment } Sree Kisno SarkerAugust 6th, 2018 } and others ………..Respondents Nari-o-Shishu Nirjatan Daman Ain (VIII of 2000) Section 28 When wife is killed or met with her death in the house of her husband, the primary onus lies upon her husband and the other inmates of the house to explain as to how she met with her death and in...
Mosharaf Hossain :A bank’s prime source of earning is lending of its depositors’ money in the form of loans or advances, which are expected to come back with stipulated interest within the validity of the loan as per sanction terms and conditions. With this aim of earning, bankers create honeyed relation with borrowers and customers potential to be borrowers. The degree of sweetness progresses and deepens till the repayment of bank’s loan continues. Such interest servicing borrowers are treated as...