Law and Justice

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...

(From previous issue) :8. We have gone through the Writ Petition and other materials on record including the respective orders and judgment passed by review Committee and Customs, Excise and VAT Appellate Tribunal, Dhaka (hereinafter called as CEVT Tribunal), wherefrom, it transpires that in pursuant of the order of the Review committee in favour of the petitioner, the respondent preferred an Appeal before the CEVT Tribunal, and which appears ex-facie from the record was dismissed and it is revealed upon...

Appellate Division (Civil) :Md Abdul Wahhab Miah J Md ImmanAli JAHM Shamsuddin Choudhury J Judgment August 27th, 2015. Rajib Traders …………..……….Petitioner vsArtha Rin Adalat as well as Joint District Judge, Additional Court, Jessore and another ……………….. Respondents Artha Rin Adalat Ain (VlII 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...

High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam JKashefa Hussain JAmirul Islam (Md) ………..Petitioner vs The Commissioner of Customs, Chittagong ………… RespondentsJudgmentMay 18th, 2015. Constitution of Bangladesh, 1972 Article 102 Customs Act (IV of 1969) Section 193 Tendency of the respondent to be wholly indifferent and unconcerned regarding the monetary loss being caused to the petitioner due to their whimsical conduct may not be encouraged in any manner and ought to be deprecated. . ….. (9) Mohammad Jamal Hossain,...

(From previous issue) :4. Mr Syed Mamun Mahbub, the learned Advocate appearing for the petitioner at the outset refutes that the petitioner did not at all possess a master’s degree at the time of joining. In this regard, he submits by reference in particular to the petitioner’s Supplementary Affidavit that although at the time of joining i.e., on 16-10-1995 the petitioner had master’s degree (3rd class) but subsequently he improved that qualification by getting his master’s degree (2nd class) on...

High Court Division :(Civil Revisional Jurisdiction Sheikh Abdul Awal J Shahidul Karim JMahabub Alam (Md) …………. Plaintiff-Petitioner vsLiton Gosh and others ………………… Defendant- Opposite PartiesJudgmentAugust 4th, 2015.Code of Civil Procedure (V of 1908) Order XXXVIII, rule 5 Attachment before judgment-If the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him the Court is empowered to pass an order of attachment before judgment....

(From previous issue) :Accordingly the Ministry of Education and the Directorate of Secondary and Higher Education issued the above mentioned 2 letters dated 22- 10-2013 and 30-10-2013 respectively all the process for nationalization of the said school was started from the initiation of the petitioner No. 1. But very surprisingly the writ petitioner denied his knowledge about the said process of nationalization of the said school. The petitioners for getting illegal gain filed this writ petition without considering the future...

High Court Division :(Special Original Jurisdiction)Zinat Ara J AKM Shahidul Huq JWakil Uddin (Md) and others ………Petitioners vs Government of the People’s Republic of Bangladesh, represented by the Secretary of Ministry of Education Dhaka others ………… Respondents'”JudgmentNovember 23rd, 2015.Constitution of Bangladesh, 1972 Article 102(2) There is no Gazette Notification of the Nitimala and so there is no such legal provision to nationalize the private School. Government failed to show that the Government can nationalize private School under any law without...

(From previous issue) :He further submitted that since the evidence of the eye witnesses are not fully consistent with the post mortem examination report and the evidence of the Doctor PW 14, creates doubt which is sufficient to commute the sentence of death to one of imprisonment for life and the High Court Division erred in law in not considering this aspect. 11. The State respondent did not file any concise statement. Mr Biswajit Deb Nath, learned Deputy Attorney-General appearing...

Appellate Division :(Criminal) Md Abdul WahhabMiah JMd Imman Ali JAHM Shamsuddin Choudhury J Judgment April 1st, 2015Sohel  Dewan @  Mehedi Hasan @ Chanchal…A appellants vsState………..RespondentCode of Criminal Procedure (V of 1898) Section 376 Where the conviction is not under section 302 of the Penal Code simpliciter, and where the complicity of the accused is proved by the aid of section 34 of the Penal Code, then the sentence of death would not be appropriate. …… (15) Penal Code (XLV of...

(From previous issue) 15. Dr Md Bashir Ullah, the learned Advocate appearing for the respondent No. 1 submits that the gas connection was provided to the petitioner company after signing a contract between Titas Gas Transmission and Distribution Co. Ltd. and the petitioner. He next submits that as per clause 17.1 of the contract the petitioner did not notify the respondent within 48 hours of the commencement of the said force majeure. The petitioner consumed gases at the time of...