High Court Division :(Criminal Appellate Jurisdiction) Abu Bakar Siddique JMustafa ZamanIslam JJudgmentMay 10th, 2016State……..Petitioner vs Alam Malitha …… Condemned- PrisonerCode of Criminal Procedure (V of 1898) Section 340 Legal Rememberancer’s Manual, 1960 Chapter XII, 6th Paragraph Though a state defence lawyer was appointed at a belated stage to defend the absconding accused, but the state defence lawyer did not serve the purpose of the case for which such appointment was made. Being so, person concerned must be i.e. accused given...
Appellate Division :(Criminal) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Judgment November 3rd, 2015 Anti -Corruption Commission………….…………Appellant vs Rezaul Kabir and another ……….…… Respondents* Anti-Corruption Commission Rules, 2007 Rule 16 It the functions of the Court to examine the reliability of evidence collected by way of trap after recording the evidence. The trapping party had followed the relevant Rules at the time laying trap or not or in other words; prearranged raid/trap carries any evidentiary...
Appellate Division :(Criminal) Surendra Kumat Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Mohammad Bazlur Rahman J Order March 14th, 2016 Mia Nuruddin (Apu) …………. Petitioner vsState and another……………………RespondentsCode of Criminal Procedure (V of 1898) Section 498 Penal Code (XLV of 1860) Sections 161 and 165A In respect of bailable offence, the Court cannot exercise any discretionary power not to enlarge an accused person on bail because the Code does not give the Court...
Shaleh Akram Somrat :This article is aimed to draw a simple and clear map in the readers mind so that they can find this article effectively practical. Step-1: Trademark FillingAny person who wants to be an owner of a Trademark, he/she may apply in writing to the Registrar, Department of Patents, Designs & Trademarks (DPDT), Bangladesh in the prescribed manner. All Trademark Forms (TM Forms) are available on the website of DPDT. Anyone can find his/her requisite TM form from...
(From previous issue)Therefore a guarantor is not included in the definition of borrower FY MÖnxZv in terms of clause -b of Article 42 of Bangladesh Bank Order, 1972. He further submits that every citizen shall have the right to conduct any lawful trade or business and inclusion of the name of the petitioners in the report of Credit Information Bureau is a prohibition and is not permitted by law and as such liable to be declared to have been made...
Barrister M. A. Muid Khan :“Hatred directed against any community, race or religion has no place whatsoever in our diverse society and it needs to be kicked to the kerb”. (Amber Rudd, Home Secretary of the United Kingdom)On 24th July 2016, BBC reported that in England, Wales and Northern Ireland there has been a rise in hate crime incidents after the EU referendum. A “Climate of hostility” has emerged in the last few weeks from the middle of June 2016. Figures...
High Court Division (Criminal Revisional Jurisdiction) Bhabani Prasad Singha JSM Mozibur Rahman JJudgmentSeptember 10th, 2015.Ziauddin Ahmed ….. …. Accused-Petitioner vsState………… ….. . Opposite-Party Code of Criminal Procedure (V of 1898) Section 561A Anti-Corruption Act (XXVI of 1957) Section 3 Investigation by an ASI does not per se become without jurisdiction and a proceeding cannot be quashed mainly because there is irregularity, if any, in the investigation. ….(10) Md Abul Hossain vs State, 19 BLD (AD) 97 = 4 BLC (AD)...
Supreme Court of India has unfolded the Constitution of the Republic in a judgment delivered on July 8, 2016 on the question of human right violations, ‘not in the context of the accused but in the context of the victims [dead and alive] as a result of ‘fake encounters or extra judicial executions’ in the State of Manipur and have examined how to combat terrorism under the rule of law, and have cautioned the armed forces for excessive use of...
High Court Division :(Special Original Jurisdiction) Zinat Ara J AKM Zahirul Hoque J Judgment April 7th, 2016 Jafrul Islam Chowdhury ……………… Petitioner vsSecretary Ministry of Law, Justice and Parliamentary Affairs and others ….RespondentsArtha Rin Adalat Ain (VIII of 2003) Section 57 Under Section 57 of the Ain, the Adalat is empowered to pass any order for ends of justice or to prevent the abuse of the process of the Adalat. The Judge of the Adalat for ends of justice to...
High Court Division :(Special Original Jurisdiction)Syed Md Dastagir Husain JMd. Salim JShamsul Alam (Md) ……………Petitioner vsBangladesh, represented by the Secretary Ministry of Law, Justice and Parliamentary Affairs and others………….…………..Respondents Judgment May 20th, 2015.Bank Companies Act (XIV of 1991) Sections 27KaKa and 5GaGa Contract Act (IX of 1872) Section 26 The report as has been initiated is very much within the provision of law and inclusion of the name of the petitioner in the CIB Report as per Bank Companies Act...
Appellate Division :(Criminal) Md Fazlul Karim JMd Joynul Abedin JShah Abu NayeemMominur Rahman JJudgmentMarch 22th, 2009.Joynul Karim and others ……..Petitioners vsState and another……RespondentsCode of Criminal Procedure (V of 1898) Section 561A Negotiable Instruments Act (XXVI of 1881) Section 138 The alleged omission of impleading the Company in the proceeding is an irregularity and the same is not fatal and that though the company is not made a party in the proceeding but the persons concerned representing the company, who are...
High Court Division :(Civil Appellate Jurisdiction) Mamnoon Rahman JMd Abu Zafor Siddique JSonali Bank …………….………..Appellant vs Md Lutfor Rahman and others…………. ………. RespondentsJudgment February 9th, 2012 Artha Rin Adalat Ain (VIII of 2003) Section 50 Imposition of interest cannot be reduced or waived by the Court of law in any manner. The Court is to accept the rate of interest and other issues fixed by the financial institution.Artha Rin Adalat Ain (VIII of 2003) Section 47 The legislature imposed restriction...
