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...
Appellate Division :(Criminal) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Anti-Corruption Commission…….…………Appellant vs Rezaul Kabir and another……………… RespondentsJudgment November 3rd, 2015 Anti-Corruption Commission Rules, 2007 Rule 16 It is 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 value or...
(From previous issue) :13. In reply to cross-examination the complainant as well as investigating officer of the case testified at a stage that he is the complainant as well as the investigating officer before whom for the 1st time one Aynal Hoque Member of the PO village gave an information about a floating dead body. Subsequent to that, the son of the deceased Mehbuba, Khokon and the brother of the deceased Sirajul identified the dead body. This witness during his...
Appellate Division :(Criminal) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Anti-Corruption Commission…….…………Appellant vs Rezaul Kabir and another……………… RespondentsJudgment November 3rd, 2015 Anti-Corruption Commission Rules, 2007 Rule 16 It is 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 value or...
(From previous issue) :13. In reply to cross-examination the complainant as well as investigating officer of the case testified at a stage that he is the complainant as well as the investigating officer before whom for the 1st time one Aynal Hoque Member of the PO village gave an information about a floating dead body. Subsequent to that, the son of the deceased Mehbuba, Khokon and the brother of the deceased Sirajul identified the dead body. This witness during his...
High Court Division :(Special Original Jurisdiction) Md Miftah Uddin Chowdhury JMd Mozibur Rahman Miah JMoniruzzaman (Md) … ……..PetitionervsBangladesh and others ……….. Respondents Judgment November 23rd, 2015 Artha Rin Adalat Ain (VIII of 2003) Section 12 Since the mortgaged property has already been sold having no issue of illegality or irregularity ever raised and the auction purchaser has already taken possession thereof vide registered sale deed executed by the bank as a legal attorney of the mortgagor, so there is no...
(From previous issue) :Thereafter the accused Sukur Ali was placed before a Magistrate, First Class for recording his statement under section 164 of the Code of Criminal Procedure. The accused person confessed his guilt voluntarily before the Magistrate and the Magistrate recorded his statement accordingly. After closer of investigation the investigating officer submitted charge sheet against the accused of the case Sukur Ali under sections 302/201 of the Penal Code being charge-sheet No. 54 dated 9-8-2006. While the case was...
High Court Division :(Criminal Miscellaneous Jurisdiction) Md Shawkat Hossain JMustafa Zaman Islam JJudgmentJanuary 11th, 2015Firoz Alam (Md)… Accused-Petitioner (both the petition)vsState and another………….. Opposite-PartiesCode of Criminal Procedure (V of 1898) Section 561A Negotiable Instruments Act (XXVI of 1881) Section 138 Notice to the petitioner company had returned undelivered with the endorsement “party was absent every time”. Whether the accused petitioner received the legal notice or not, these are disputed question of fact which can only be adjudicated by taking evidence...
High Court Division :(Special Original Jurisdiction) Soumendra Sarker J ANM Bashir Ullah J Judgment July 7th, 2015 State………PetitionervsMd Sukur Ali and others ……………….. RespondentsCode of Criminal Procedure (V of 1898) Section 164(3) Whenever it is noticed that, all the legal mandatory formalities in recording the confessional statement are duly observed and the Magistrate who recorded the confessional statement is satisfied that the confession is voluntary and free from all taint-in that case, such confession can be the sole basis of conviction...
(From previous issue) :12. On persual of the judgment of the trial court it appears that the learned Judge of the trial court considering the evidence and materials on record decreed the suit with the findings — “???????????? ?????? ??-?-?????? ??????? ????????????? ??????, ???????? ???????? ??-??-???? ?? ??????? ???????? ??????? ????? ??-?-???? ??????? ???? ?????????? ????? ??????? ?? ????? ????????? ???? ????” The learned Judge of the appellate court considering the evidence and materials on record, assessing and reassessing the...
High Court Division :(Civil Revisional Jurisdiction) Md Rais Uddin JJudgment November 12th, 2015Sheikh Jahangir and others …….Petitioners vs Sheikh Ali and others ……..Opposite-Parties Code of Civil Procedure (V of 1908) Section 115(1) Finding of fact reached by court of appeal below being last and final court of facts are not open to interference by this court in revision unless it is shown that decisions have been based upon gross misreading of evidence or those have been founded on misconception or...
M.M. Rashidul Haque :Internet has become the backbone of all kinds of communication systems and it is also one of the most important sources of knowledge in the present digitalized world. It is a network of networks that consists of millions of private and public, academic, business and government networks of local to global scope that are linked by copper wires, fiber optic cables, wireless connections, and other technologies.Definition of cyber crime : The degree of overlap between organized crime...
