(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...
High Court Division (Special Original Jurisdiction) Zubayer RahmanChowdhury JMahmudul Hoque JJudgmentApril 30th, 2015.Abdul Jalil (Md) & others ………….. Petitioners vsJudge, Artha Rin Adalat, 2nd Court, Dhaka, & another ………..RespondentsCode of Civil Procedure (V of 1908) Order XXI, rule 37 Artha Rin Adalat Ain (VllI of2003) Section 34(1) Bank without taking recourse to provisions of law directly filed an application praying for issuance of warrant of arrest and order of detention which is palpably illegal and contrary to the provisions of...
Appellate Division (Criminal) Md Fazlul Karim J Md Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Judgment March 22th, 2009. Joynul Karim and others …….Petitioners vsState and another……….Respondents* JudgmentMarch 22nd, 2009.Code 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...
High Court Division (Special Original Jurisdiction) Naima Haider J Mustafa ZamanIslam JReliance Spinning Mills Ltd………………….Petitioner vs Titas Gas Transmission and Distribution Co. Ltd and others………. RespondentsJudgmentMay 17th, 2015.Constitution of Bangladesh, 1972 Article 102(2) If there is any breach of contract, the remedy lies in the Civil Court as it involves determination of question of facts. .. …. (18) Constitution of Bangladesh, 1972 Article 102(2) The claim is totally disputed. Disputed claim does not come within the purview of writ jurisdiction....
Appellate Division :(Civil) Surendra Kumar Sinha CJ Nazmun Ara Sultana JSyed Mahmud Hossain JHasan Foez Siddique JBangladesh Legal Aid and Services Trust (BLAST) and another. … Petitioners vs Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others … RespondentConstitution of Bangladesh, 1972 Articles 104 and 105 Code of Criminal Procedure (V of 1898) Section 376 The petitioner has no significant history of prior criminal activity and that he was aged 14 years at the time of...
High Court Division :(Special Original Jurisdiction) Zubayer RahamnChowdhury JMahmudul Hoque JJudgment September 6th, 2015.Masaharaf Hossain ……………… Petitioner vsDhaka City Corporation and others…………….RespondentsConstitution of Bangladesh, 1972 Article 102(2) If there is inordinate delay on the part of the petitioner in filing a writ petition and such delay is not satisfactorily explained, the High Court Division may decline to intervene and grant relief in the exercise of jurisdiction because it is likely to cause confusion and public inconvenience and bring in its...
Appellate Division :(Civil) Md Abdul Wahhab Miah JMd Imman Ali JAHM ShamsuddinChoudhury JBashant Protima Nandi …………….Appellant vs Government of Bangladesh, represented by the Deputy Commissioner, Chittagong and others………..…………. Respondents”Judgment March 10th, 2015. Code of Civil Procedure (V of 1908) Section 115(1) read with Order XLI, rule 31 The revisional Court is not at all permitted to raise a new point which fundamentally relates determination of facts. The duty of the revisional Court in case of a judgment of reversal is to...
(From previous issue) :The High Court Division made the said Rule absolute in the light of the decision and directed to reinstate the writ petitioners in their service. Against the said judgment and order, BADC preferred this appeal getting leave. Mr Mahbubey Alam, learned Senior Counsel, submits that he would not press the appeal in respect of other respondents except respondent No.9, Md Safiul Alam Khondoker, who had retired from service voluntarily. Accordingly, the appeal be dismissed against the other...
Barrister M. A. Muid Khan :“It is not merely of some importance, but of fundamental importance that justice should not only be done, but should be manifestly and undoubtedly seen to be done”.(Lord Chief Justice Hewart in 1924)Despite having strict punishment for the murders in the UK to ensure “justice seen to be done” yet we are still failing to protect the innocent victims from the hands of murderers and their associates. As a lawyer practising in the United Kingdom,...
APPELLATE DIVISION :(Civil) Syed Mahmud Hossain J Md Imman Ali JGopal Goyala and another ….. Appellants vsMolina Rani and others………..Respondents* Judgment November 20th, 2014. Evidence Act (I of 1872) Section 92 The oral and extraneous evidence contradicting the contents of a written instrument is not admissible. . ….. (15) Shameem Khaled Ahmed, Advocate, instructed by Md Zahirul Islam, Advocate-on-Record-For Appellants. Abdul Hoq, Advocate, instructed by, Md Nawab Ali Advocate-on-Record-For the Respondent No.1. None Represented- Respondent No. 2&3.Judgment Md Imman Ali...
HIGH COURT DIVISION :(Civil Revisional Jurisdiction) Md Emdadul Huq J Masud Haider (Md)…………………………..Petitioner vsMd Golam Ambia (Harun) ………… Opposite PartyJudgment January 14th, 2015 Evidence Act (1 of 1872) Section 45 Expert evidence–Expert opinion is one piece of evidence and should be considered with other evidence on record. The disputed signatures of the plaintiff on the receipts of the money order (in original) should be compared with those in admitted agreement. (15 & 14) Tarak Chandra Majhi vs Atahar Ali Howlader (13...
(From previous issue) :(?) ????? ???? ??????? ?? ??????? ?????, ????? ?? ?????????? ????? ????? ????? ?? ????????? ????? ??????? ?? ???? ??? ???????? ????? ? ????? ??? ???, ???? ????? ??????? ????? ???; ??? ??????? ????? ???; ??? ??????? ????? ????? ????? ????? ????????? ????? ?? ????? ?????? ????? ????”????? ???? ??? ???? ????? ????? ????? ????? ??????? ??????? ?(??) ???? ??? ???????? ????? ?? ????? ??? ???, ???? ????? ????? ????????? ????? ?? ????? ?????? ????? ????”9. The...
