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...
Appellate Division (Civil) :Surendra Kumar Sinha CJ Nazmun Ara Sultana JSyed Mahmud Hossain JJudgmentMay 12th, 2015.Government of Bangladesh and others …..Appellants vsAshraf Ali ……….. RespondentTown Improvement Act (XIII or 1953) Section 93A and 93(B) Town Improvement (Arndt) Act (XXIX of 1987) Section 73 In spite of repeal of sections 93A and 93B of the Act the pending acquisition of disputed land shall be continued under the provision as if those have not been repealed. The appellants are directed to inquire...
High Court Division :(Special Original Jurisdiction) Shamim Hasnain JMohammad Ullah JJanata Bank Ltd……….………..Petitioner vsGovernment of Bangladesh represented by the secretary, Ministry of Finance and Planning, and others….. ….. Respondents. JudgmentMay 24th, 2015Artha Rin Adalat Ain (VIII of 2003) Section 28(3) A second execution case can be maintained when it is filed within one year from the date of rejection or disposal of the first execution case, however that course is available only when the first execution case is rejected for...
Md Tarikul Islam :Barrister-at-LawHindu widow’s rights of inheritance to her late husband’s property is the least known and little developed area of Hindu law and thus Hindu widows are being deprived of and thereby very often left to live a life without any means of survival. This area of Hindu law of inheritance is in dire need of much development. Rights under present regime: There are two schools of law regarding Hindu law of inheritance which are (i) the Dayabhagh...
Appellate Division :(Criminal)Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Judgment April 29th, 2015.State……………AppellantvsAbdus Salam and others ………….………………Respondents* Constitution of Bangladesh, 1972 Article 103Code of Criminal Procedure (V of 1898) Section 410 Ordinarily this Division does not interfere with the acquittal recorded by the High Court Division in favour of the accuseds but it cannot shirk its responsibility when it comes across an acquittal recorded in the most perfunctory manner leading to...
(From previous issue) :11. From the judgment and order of the High Court Division, it appears that it took notice of the facts that the writ-petitioner first made an application on 20-8-1998 for refund of Taka 3,95,98,579 claiming stoppage of production and closure of the mills since 12-5-1998. Thereafter, the mills again commenced production and finally stopped production since 31st August, 2000. On 29-11-2001, the writ-petitioner made an application to the Superintendent for cancellation of VAT registration after closure of...
Appellate Division :(Civil) Md Muzammel Hossain CJ Md Abdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J Commissioner of Customs, Excise and VAT ……….……….. Petitioner vsAppollo Steel Mills Ltd and others……..…… RespondentsValue Added Tax Act (XXII of 1991) Section 19(1) When the application for cancellation of the VAT registration was filed under section 19(1) of the Act, it was the duty of the concerned VAT authority to move in the matter and give his decision. The concerned VAT authority...
High Court Division :(Criminal Appellate Jurisdiction) ANM Bashir Ullah J Muraduzzaman Polash (Md) … Convict -Appellant vsState and another . . . . . . . . . . . . . .. Respondents *Judgment February 12th, 2014. Negotiable Instruments Act (XXVI of 1881) Section 138(2) Since subsection (2) of section 138 make clear provision for getting the face value of the cheque by the holder of the cheque, so there should have been black and white order in the...
(From previous issue) :15. In that case reported in the 8 MLR case, Matiur Rahman, an Executive Engineer of BADC was appointed under the BADC Service Regulations 1968 but was deprived of promotion to the post of Superintending Engineer in accordance with the 1968 Regulations. The Appellate Division held that the employee had acquired a right under the 1968 Regulations to be considered for promotion which could not be taken away by the subsequent Regulations of 1990. The argument that...
High Court Division ;(Special Original Jurisdiction) Md Emdadul Huq JMd Khurshid AlamSarkar JJudgmentAugust 2nd, 2015.Badruzzaman Khan (Md) …………Petitioner vs Government of the People’s Republic of Bangladesh and others ………… RespondentsBangladesh Madrasha Education Board (Governing Body and Managing Body Committee) Regulation, 2009 Regulation 5(3) The local MP can at best make a recommendation to the Principal of the Madrasha in the consultative process under Regulation 5(3). But the Principal is not legally bound to follow that recommendation and he is required to...
