(From previous issue) :14. In the present case before us the auction notice was published in “The Daily Jugantar” as per Section 33(1) of the Ain, 2003 for selling the mortgaged property mentioning estimated value of the property at Taka 11,00,000. On 27-10-2005, the date of auction sale, 3 (three) bidders participated in the bid with their respective price and the highest offer was made by the respondent No.3 at Taka 3,00,000. On the very day, the petitioner filed an...
Appellate Division :(Civil) Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Judgment November 10th, 2015. Israil Kha and others ………….. Appellants vsSyed Anwar Hossain and others ………………….………. RespondentsTransfer of Property Act (IV of 1882) Section 116 Provisions of section 116 of the Act are applicable where the tenant remains in possession of the lease-hold property after determination of the lease granted to the tenant and his continuing possession is assented to by the landlord. A tenant,...
High Court Division :(Special Original Jurisdiction) Zinat Ara J JBM Hassan JJudgmentMarch 12th, 2012.Agrani Bank Ltd …………..Petitioner vs Secretary, Ministry of Law, Justice and Parliamentary Affairs and others…..RespondentArtha Rin Adalat Ain (VIII of 2003)Section 33(1) (7)Affairs and others …. ……….. Respondent Artha Rin Adalat Ain (VIII of 2003) Section 33(1)(7) The Adalat is not obliged to sell the property in any manner or at any price for satisfaction of the decree, particularly when the decree holder specifically raises objection to...
High Court Division :(Criminal Miscellaneous Jurisdiction) AKM Asaduzzaman J Md Ashraful Kamal J Abu Sayeed Chowdhury (Samrat) ………….Petitioner vsState and another ……… Opposite PartiesJudgment January 17th, 2016 Code of Criminal Procedure (V of 1898) Section 561A Negotiable Instruments Act (XXVI of 1881) Section 138 Since the criminal proceeding can be proceeded independently of the civil suit, there is no bar to proceed with the criminal proceedings. Bank has instituted a suit for realization of money, which is a civil suit...
High Court Division :(Civil Revisional Jurisdiction) Quazi Reza-ul Hoque J JN Deb Choudhury JJudgmentFebruary 1st, 2016Jogmaya Saha Roy………..……………Petitioner vs Sree Shekhar Chandra Chakraborty and others … Opposite-PartiesHindu Law Section 111 It is true that there are no direct evidence of performing the ceremonies of four stages, for becoming Sanyasi; but, circumstantial evidence shows along with the admissions made by the petitioner of the succession case that Amalendu became a Sanyasi and renamed as Sreemoth Swami Amala Nanda Avadhuta Guru Maharaj...
(From previous issue) :The power to determine the service of an employee below the rank of Assistant Director who are classified as “other employees” shall be exercised by the General Manager of an office or Branch with the approval of the Governor of the Bank. In the instant case this Division rightly found that the General Manager made a proposal to the Governor of the Bangladesh Bank for the termination of the services of the petitioners pursuant to Regulation 13...
Appellate Division :(Civil) Md Muzammel Hossain CJ Surendra Kumar Sinha J Md Abdul Wahhab Miah JAHM Shamsuddin Choudhury JJudgment April 28th, 2014 Abdul Mazid (Md) Sarker and 8 others …..PetitionervsBangladesh and others…….…….. RespondentsConstitution of Bangladesh, 1972 Article 105 Review by no means is a re-hearing of the appeal. It is not permissible to embark upon a reiteration of the same contentions as were advanced at the time of hearing of the leave petitions…(17) Bangladesh Bank vs Md Abdul Mannan, 46...
Appellate Division :(Civil) Nazmun Ara Sultana J Syed Mahmud Hossain JAbu Hanif Hawlader ………Petitioner vs Mohammad Amanat Ullah Hawlader and others … Respondents Judgment April 28th, 2014 State 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...
High Court Division (Criminal Miscellaneous Jurisdiction) AKM Asaduzzaman J Md Ashraful Kamal JAbu Sayeed Chowdhury(Samrat) ………..Petitioner vsState and another …….…….. Opposite Parties* Judgment January 17th, 2016 Code of Criminal Procedure (V of 1898) Section 561A Negotiable Instruments Act (XXVI of 1881) Section 138 Since the criminal proceeding can be proceeded independently of the civil suit, there is no bar to proceed with the criminal proceedings. Bank has instituted a suit for realization of money, which is a civil suit but...
Appellate Division (Criminal) Nazmun Ara Sultana, JSyed Mahmud Hossain JMd Anwarul Hoque JAbdul Wahed Gaffar ………………..Petitioner vsState and another ……….……… RespondentsJudgmentApril 6th, 2014Code of Criminal Procedure (V of 1898) Section 561A Special Powers Act (XIV of 1974) Section 25A Mere physical possession of the counterfeit notes is not an offence punishable under section 25A of the Act but the intention as it transpires from the FIR, facts, circumstances on record and the other evidence it has become clear to us...
Appellate Division (Civil) Md Abdul Wahhab Miah J Muhammad Imman Ali JFarida Begum …………..……..Appellant vsMd Nurul Alam………………. Respondent* Judgment September 16th, 2015 Non Agricultural Tenancy Act (XXIII of 1949) Section 24 A preemptor shall be entitled to preempt the case land if he can prove that he is a cosharer in the case land and the same has been filed within time with the statutory deposit, of course he has to show that the necessary parties have been impleaded in...
Appellate Division :(Criminal) Surendra Kumar Sinha CJ Syed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JMohammad Bazlur Rahman J Durnity Daman Commission…………..…………….Petitioner vsMd Gias Uddin-al-Mamun and another ……… Respondents* OrderFebruary 25th, 2016 Code of Criminal Procedure (V of 1898) Section 340(3) Even if a witness is arrayed in the category of an accused, his evidence may be taken into consideration under section 340(3) of the Code in support of his defence, any accused person before a Criminal Court shall...
