(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...
Appellate Division :(Criminal)Surendra Kumar Sinha CJSyed Mahmud Hossain JHassan Foez Siddique JJudgmentNovember 4th, 2015Aminul Islam Bulbul ……….Appellants vsState …………RespondentEvidence Act (I of 1872)Section 154If a witness is declared hostile his evidence may not be rejected as a whole but his statement which has not been discredited may be accepted if he is corroborated by other witnesses in material particulars. When the court permits a party to cross-examine a witness of his own, the grant of the permission does not amount...
(From previous issue) :22. PW 4 Belal Hossain is also a neighbour of the informant, who has narrated that the occurrence took place on 17-7-2006 at about 9-00 am. He was going to see his land. All on a sudden, he heard hue and cry, from the betel leaf field of PW 1. Then and there he went to the spot and saw the victim Shaheen lying in the field with many injuries on his body including hand, shoulder and...
High Court Division :(Criminal Appellate Jurisdiction)Jahangir Hossain JMd Jahangir Hossain JJudgmentJanuary 11th, 2016State……..Appellantvs Md Nazrul Islam[absconding] ……..Accused PrisonerCode of Criminal Procedure (V of 1898)Section 154 FIR-FIR was lodged 6 [six] days after the occurrence. But it should be unworthy to forget that the victim’s condition was so deteriorating time and again after occurrence, for which all eyes look at the next consequence of the victim. The explanation given by the informant for delay in lodging the FIR is sustainable. …..(44)Code...
High Court Division :(Special Original Jurisdiction) Md AshfaqulIslam JZafar Ahmed J Ahsanullah (Md) ……….……………….Petitioner vsBangladesh represented by the Secretary Ministry of Education and others ………. RespondentsJudgment February 25th, 2016Constitution of Bangladesh, 1972 Article 102(2) The propositi6n of law that the decision of Managing Committee cannot even be challenged indirectly has been well-founded by a series of decisions of the Appellate Division and this Division. This is no longer a resintegra. The appointment in question was made in the year 2004...
Apellate Division : (Criminal)Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Md. Bazlur Rahman J Order August 31st, 2016 Shafik Rahman ………………….. PetitionervsState ……………..…………………..RespondentCode of Criminal Procedure (V of 1898) Section 497(1) proviso read with section 173 A bail should ‘not be withheld as a measure of punishment. On consideration of the age of the appellant and the health condition as available with the record, we are of the view that the appellant...
(From previous issue) :8. In support of his submissions the learned Advocate for the accused-petitioner has referred some decisions which are as under:- 9. In the case of Shakir Hussain vs State, reported in 9 DLR (SC) 14; in the case of Shamsul Haque Chowdhury vs State, reported in 39 DLR 393, in the case of Syed Ali Mir vs Syed Omar Ali, reported in 42 DLR (AD) 240, in the case of MA Sukkur vs Md Zahirul Haque, reported...
High Court Division :(Criminal Miscellaneous Jurisdiction) Zinat Ara J AKM Zahirul Hoque JJudgmentApril 10th, 2016Kamruzzaman Shah………………..vsState represented by the Deputy Commissioner, and one anothers ……….Opposite-ParriesCode of Criminal Procedure (V of 1898) Section 561A Ordinarily criminal proceeding instituted against an accused persons must be tried in accordance with law and the proceeding should not be interfered with at an interlocutory stage in exercise of inherent , jurisdiction under section 561A of the Code save and except an exceptional circumstances. The consensus...
High Court Division :(Special Original Jurisdiction)Tariq-ul-Hakim JAbu Taher MdSaifur Rahman JJudgmentJune 18th, 2013Hassan Ahmed Khan @ Hassan Ali Khan and others. PetitionersvsSecretary, Ministry of Finance, Dhaka and others …. Respondents Constitution of Bangladesh, 1972Article 102(2)Process of absorption-The petitioners rendered their services to the Government and it was natural for them to expect to continue in their employment and get regularised in permanent posts if an opportunity arises though it is not mandatory upon the employer to so absorb them. In...
Appellate Division :(Civil) Nazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JMd Anwarul Haque JJudgmentJanuary 27th, 2014Government of Bangladesh and others … Petitioners vsMd Abul Kashem …… RespondentPolice Training College Manual Part III (A) Rule 64 Once promotion is given and there cannot be any demotion without given a second chance or given any notice of his impending demotion or any starting departmental proceedings leading to a punishment, or any lak of available post. Once promotion is given, there...
Md Raisul Islam Sourav :All the world over true peace depends not upon gunpowder but upon pure justice” Mahatma Gandhi The writing of a judgment is one of the most important tasks among other activities performed by a judge. Very recently a debate has been arising in our country whether a judge can write verdict after retirement. However, neither the Constitution nor the Supreme Court of Bangladesh Rules (both High Court Division and Appellate Division) have any clear cut provision...
Md. Mukhlesur Rahman :Preamble: Earlier, during 1967 to 1975, the ordinary Civil were empowered to make orders for correction of the SA ‘record-of-rights’ in a summary proceeding; i.e. s. 143A was inserted in the State Acquisition Act, 1950 by making an application therefore. In respect of payment of court-fees this sec. 143A(12) of SAT Act (now repealed) provided that” An application under sub-section (I) or memorandum of an appeal under sub-section (7) shall, notwithstanding anything contained in the Court Fees...
