High Court Division :(Special Original Jurisdiction)Farah Mahbub JFarid Ahmed JJudgmentAugust 11th, 2011Shahjahan Mia (Md)……….. Petitioner vsGovernment of Bangladesh, and others …………. Respondents Constitution of Bangladesh, 1972 Article 102(2) Since the suspension order had been withdrawn by the College authority and the authority itself kept the said amount in its account, though not lawfully the amount was subsequently deposited in favour of the government by treasury challan with Sonali Bank Ltd. Petitioner is entitled to receive the balance amount which was...
Bodiuzzaman Khan :This refers the article published in 67 DLR (2015) Journal 20 written by Mr Amit Kumar Dey. Metropolitan Magistrate. Dhaka. The author of the article observed that, “In practice it is seen that when the witnesses are examined the courts rarely ask any questions to the witnesses, fearing that their neutrality may be doubted. Over the years taking advantage of such lacuna, large number of criminals are escaping convictions. Judicial activism can prevent such lacuna and establish human...
Appellate Division (Criminal) :Nazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JState ………Petitioner vs Nuru Miah and others……. RespondentsCode of Criminal Procedure (V of 1898) Section 164(3) Voluntariness of the confessional statement – From the contents of the confessional statement, it appears to us that the statement is in fact inculpatory. hTere can be no such classification of a confessional statement as “almost exculpatory”. On the other hand, the fact that the accused was previously taken on remand and...
Barrister Mustasim Tanzir :At present there is no specific Act or institution for protection of fitnesses & victims of crimes in Bangladesh. In 2011, the Law Commission of our country prepared a “Final Report on a proposed law relating to protection of victims and witnesses of crimes involving grave offences” which had a “Draft Bill for making a Law providing for protection facilities to victims and witnesses of crimes of specific grave nature” annexed to it. Unfortunately, it is in...
Amirul Kabir Chowdhury :Good Governance, Human Rights and Rule of Justice — these three terms are in fact interrelated. Human Rights are those rights which are inherent in our nature and without which we cannot live as human beings. These rights are given to mankind by Allah, our creator while creating men. So none should be allowed to snatch away these rights given by Allah. But from times immemorial attempts are afoot to snatch away such precious rights by vested...
High Court Division :(Criminal Appellate Jurisdiction)Syed Md Ziaul Karim JAshish Ranjan Das JJudgmentMay 14th, 2014.Rabeya Khatun ………………………….Informant-Appellant vsDr Md Shahadat Hossain and another……… RespondentsCode of Criminal Procedure (V of 1898) Sections 156 and 200 Nari-o-Shishu Nirjatan Daman Ain (VIII of 2000) Section l1(Kha)Naraji Petition-Narajee is to be treated as fresh complaint, the Court; can take, cognizance of an offence if, in his, opinion, there is sufficient ground for proceedings and discharge the accused where no sufficient ground exists. .. …....
(From previous issue) :17. That is he saw the dead body of victim before PWs 1 and 2. Then he said, “gvwbK ZLb f‡q KvcwQj| H mgq QvËv‡ii evox nB‡Z 2/3 Rb‡K c~e© w`‡K †`ŠovBqv hvB‡Z †`wL| Avwg I gvwbK gyw³‡K †eex‡Z Kwiqv †gwW‡Kj wbqv hvB|” He saw 2/3 persons to run away from the house of Sattar but he did not disclose their identity. Even he did not claim that he had been able to identify the persons run...
Appellate Division :(Criminal) Nazmun Ara Sultana J Md Anwarul Haque J Hasan Foez Siddique J Zahirul Islam @ Dipu (Md) ………….Appellant vs State ……………………. Respondents* JudgmentJune 20th, 2013. Evidence Act (1 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...
High Court Division :(Civil Revisional Jurisdiction) Md Emdadul Huq J Masud Haider (Md) ……..…………….. …. Petitioner vsMd Golam Ambia (Harun) ………… Opposite Party* Judgment 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...
Appellate Division :(Criminal) Surendra Kumar Sinha CJNazmun Ara Sultana JSyed MahmudHossain JRokibur (Md) @ Rokib @ Okibar ………..………..Appellant (In Crl App No.2 of 2010) vs State ….Respondent (In all the cases)Judgment May 12th, 2015. Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain (XVIII of 1995) Section 6(4) The offence committed by the appellant is so heinous and barbaric in nature that the only punishment for this offence can be the death penalty. To secure the ends of justice this type of offenders must...
(From previous issue) :13. In the case of Khalilur Rahman vs Md Habibullah reported in 57 DLR 603 by relying upon the decision reported in Company Cases Vol. 182 page 46 His Lordship Mr Justice Md Anwarul Haque (as he was then) made the following observation:- “Taking all these views in mind, I am of the opinion that the aforesaid submission ,made by the learned Advocate relating to those words ‘refer to drawer’ is based on a purely literal interpretation...
High Court Division (Criminal Appellate Jurisdiction) :Md Abdul Hye J Md Badruzzaman JRafiqul Islam (Md) Appellant-Complainant vs Babul and another… Accused-Respondent* Judgment June 1st, 2013.Negotiable Instruments Act (XXVI of 1881) Section 138(1) The words ‘account closed’, has clearly indicated insufficiency of fund as contemplated in the section 138(1) of the Act which comes within the criminal liability of the drawer. …… (14) Khalilur Rahman vs Md Habibullah, 57 DLR 603 and Dada Silk Mills vs Indian Overseas Bank Company Cases...
