Appellate Division :(Civil) Md Abdul Wahhab Miah J Md Imman Ali JAHM ShamsuddinChoudhury JJudgment August 27th, 2015. Rajib Traders . …………Petitioner vsArtha Rin Adalat as well as Joint District Judge, Additional Court, Jessore and another ………………RespondentsArtha Rin Adalat Ain (VIII of 2003) Section 50(2) Rate of interest-Interest to be paid by the judgement debtor will have to be calculated according to the prevailing interest rate or rates, which may be different for different periods, from the time of filing of...
High Court Division :(Criminal Revisional Jurisdiction) ANM Bashir Ullah J Anwar Hossain (Md) ………….…….. . Accused-Petitioner vsState ….. Opposite Parties*JudgmentJanuary 23th, 2014.Dowry Prohibition Act (XXXV of 1980) Section 4 When the prosecution fails to prove the date of occurrence the question of proving the place and manner of occurrence cannot raise at all. There is strong link among the time, the place and manner of occurrence. Where there is no date of occurrence there cannot be any time, place and...
(From previous issue) :18. Sub-section (3) of Section 4 provides that where the amount claimed relates to any ship, aircraft or any other property over which there is maritime lien or other charge, the Admiralty Jurisdiction of the High Court Division as the Court of Admiralty may be exercised through an action in rem against that ship, aircraft or property. 19. Sub-section (4) of Section 4 provides that in relation to claims as mentioned in clauses-(Ga) to (Tha) of sub-section...
Appellate Division :(Civil) Surendra Kumar Sinha CJNazmun Ara Sultana JSyed MahmudHossain JJudgmentAugust 25th, 2015Kyung Hae Maritime Co. Ltd ………..Appellant vsBF Glory (Ex-Kunai) and others ………….…………………RespondentsAdmiralty Court Act (XLIII of 2000)Sections 3(2), 4 and 5 Subject to the provision of section 5, the admiralty jurisdiction of the High Court Division may in all cases be exercised in personam. Sub-section (2) of section 4 provides that in relation to claims mentioned in clauses (ka) to (ga) and (da) of sub-section (2) of...
High Court Division :(Civil Appellate Jurisdiction) Mamnoon Rahman JMd Abu ZaforSiddique JJudgmentFebruary 9th, 2012Sonali Bank . ……………Appellant vs Md Lutfor Rahman and others. ………. RespondentsArtha 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. …… (6) Artha Rin Adalat Ain (VIII of 2003) Section 47 The legislature imposed...
Appellate Division :(Civil)Surendra Kumar Sinha JNazmun Ara Sultana JSyed Mahmud Hossain JHasan Foez Siddique JJudgment April 13th, 2015 Sheikh Sekander Ali and others …………………Petitioner vsAgrani Bank Limited and others … …….. Respondents Code of Civil Procedure (V of 1908) Section 2(2) Decree-: The executing court cannot go beyond the decree. The decree was passed against the writ-respondent also and therefore, the executing court had no jurisdiction to strike out their names from the execution case. . ….. (5) Abdul Motin...
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...
High Court Division : (Civil Revisional Jurisdiction) Sheikh Abdul Awal J Goolshan Ara Begum……..………. Plaintiff-Petitioner vsSyed Maroof Ahmed……….. Opposite PartyJudgment September 2nd, 2015. Code of Civil Procedure (V of 1908) Section 151 read with Order XXI, rule 100 Whole relief granted to the 3rd party applicant on an application under Section 151 of the Code before disposal of the miscellaneous case under Order XXI, rule 100 of the Code for restoration of possession without taking any evidence as well as without...
(From previous issue) :20. Since the entire case rests on circumstantial evidence it is necessary to refer to the principles which should guide the court in considering the conviction of an accused resting on circumstantial evidence. Circumstantial evidence means a combination of facts creating a net without there, being any tear through which the accused can escape. In the case of Jaharlal Das vs State of Orissa reported in AIR 1991 (SC) page 1388 Supreme Court of India has observed...
Appellate Division :(Criminal) Nazmun Ara Sultana JMd Anwarul Haque JHasan Foez Siddique JJudgment June 20th, 2013. Zahirul Islam @ Dipu (Md) Appellant vs State ……….. RespondentsEvidence Act (I of 1872) Section 114(g) It is undoubtedly the duty of the prosecution in a case involving capital sentence to place before the court all available witnesses irrespective of their evidence being favourable or unfavourable. Where a necessary witness mysteriously not cited as witness, the court may properly draw an inference adverse, to...
(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 :(Criminal Revisional Jurisdiction) Syed Mohammad Ziaul Karim JANM Bashir Ullah J Judgment February 2nd, 2014. Selim-bin-Hakim @ Rubel ………..Accused-Petitioner vsState ….. Opposite PartiesChildren Act (XXXIX of 1974) Section 6(1) No child shall be charged with or tried for any offence together with an adult. The trial Court in violation of the specific law conducted the trial of the juvenile offenders with the adult. The excuse given by the trial Court for the joint trial that the witnesses...
