High Court Division (Civil Appellate Jurisdiction) :Farid Ahmed J Md Khurshid AlamSarkar JChamak Ali ……….Appellant vsKaniz Fatema and others ……….Respondents* JudgmentNovember 24th, 2014. Specific Relief Act (I of 1877) Section 42 When the plaintiff is admittedly out of posession of the suit property, the question whether the plaintiff was dispossessed from the suit property, by the defendant or whether he has lawful title in the suit property or not can be decided only after examining the witnesses adduced by...
(From previous issue) :17. It is often said that malafides or bad faith vitiates everything and a malafide act is a nullity. What is malafides? Relying on some observations of the Indian Supreme Court in some decisions, Durgadas Basil J held, “It is commonplace to state that malafides does not necessarily involve a malicious intention. It is enough if the aggrieved party establishes: (i) that the authority making the impugned order did not apply its mind at all to the...
High Court Division :(Special Original Jurisdiction) Moyeenul IslamChowdhury JMd Ashraful Kamal JHafizur Rahman Nafor …………………….Petitioner vsSecretary, Ministry of Home Affairs and others………….RespondentsJudgmentMarch 2nd, 2015Constitution of Bangladesh, 1972 Article 102(2)Principle of Natural Justice-The memo does not indicate that the petitioner misused or abused the terms and conditions of the licence. No concrete materials are forthcoming on record that he posed any threat to the security of the public peace by abusing his gun. In the absence of any substantial and concrete...
High Court Division :(Special Original Jurisdiction) Salma Masud Chowdhury JMd Khasruzzaman JHuman Rights and Peace for Bangladesh and others……..………Petitioners vs JudgmentNovember 20th, 2014Bangladesh represented by the Cabinet Secretary, Division, and others……….……….. . Respondents* Penal Code (XLV of 1860) Section 304BIn fact seven years imprisonment as punishment or sentence is also insufficient for causing death of a person by reckless and negligent driving. The Amendment of Column 7 of Schedule II, Act V of 1898 by the Code of Criminal Procedure...
Appellate Division :(Criminal)Surendra Kumar Sinha JMd Abdul Wahhab Miah JHasan Foez Siddique JAHM ShamsuddinChowdhury JJudgmentJune 16th, 2014Engineer Abdul Wadud ….. Petitionervs State and another ………..Respondent *Code of Criminal Procedure (V of 1898)Sections 241A and 242Section 242 of the Code empowers a court to frame a formal charge if after consideration of the materials on record it is of the opinion that there is ground for presuming that the accused has committed the offence. An accused person can claim for discharge under...
High Court Division :(Criminal Miscellaneous Jurisdiction) M Moazzam Husain J Md Badruzzaman JAltaf Hossain (Md) …. …………Accused-Petitioner vsState ………………….. Opposite PartyJudgment February 26th, 2015. Criminal Law Amendent Act (XLof 1958) Section 4 Jurisdiction-Mere absence of jurisdiction does not absolve the petitioner of his criminal liability. He must face trial before a competent Court. .. …. (17) State vs Mohammad Jamil, 20 DLR (AD) 315; Adnan Afzal vs Sher Afzal, PLD 1969 SC 187 = 21 DLR (SC) 123, Garbachan Singh...
(From previous issue) :7. We have heard the learned counsel appearing on behalf of the respondent No.2 bank and considered his submission and also perused the petition, impugned auction notice and other materials on record carefully. To appreciate the submission pressed in to service by the counsel for the respondent it would be profitable to quote sections 33(1) and 48 of the Ain, 2003. 8. Section 33(1) runs as follows:- wbjvg weµq 33(1) A_© FY Av`vjZ wWµx ev Av‡`k Rvixi...
Apellate Division :(Civil) Surendra Kumar Sinha CJ Nazmun Ara Sultana JSyed Mahmud Hossain JHasan Foez Siddique JProfullah Chandra Sarker and other ……………Petitioners vsMd Nasibuddin and others………. ….. Respondents* Judgment March 1st, 2015.State Acquisition & Tenancy Act (XXVIII of 1951) Section 96 Registration Act (XVI of 1908) Section 60 After execution of the deed, the pre-emptors filed the pre-emption case for getting the questioned land by way of pre-emption. Since the registration of the deed was not completed under section 60...
High Court Division :(Criminal Miscellaneous Jurisdiction)M Moazzam Husain J Md Badruzzaman J Judgment February 26th, 2015Altaf Hossain (Md)…….Accused-PetitionerVs State………….Opposite partyCriminal Law Amendment Act (XL of 1958) Section 4 Jurisdiction-Mere absence of jurisdiction does not absolve the petitioner of his criminal liability. He must face trial before a competent Court. . ….. (17) State vs Mohammad Jamil, 20 DLR (AD) 315; Adnan Afzal vs Sher Afzal, PLD 1969 SC 187 = 21 DLR (SC) 123, Garbachan Singh vs Satpal Singh, AIR...
Hight Court Division :(Special Original Jurisdiction)Md Ashfaqul Islam J Kashefa Hussain JAbdul Monayem Lili. ….. ……………………Petitioner vs Judge, Artha Rin Adalat & others……….Respondents* JudgmentMay 25th, 2015Artha Rin Adalat Ain (VIII of 2003) Sections 33(1) and 48 Section 33(1) has allowed 15 days time for inviting tender for auction. Section 48 of the Ain clearly stipulates that for the purpose of counting days under Artha Rin Ain only the working days of the court i.e. the days on which the court...
Appellate Division :(Civil) Nazmun Ara Sultana J Syed Mahmud Hossain J Md lmman Ali J Md Anwarul Haque J Government of Bangladesh and others … Petitioners vsJamaluddin and another ……….….. … Respondents* Judgment April 10th, 2012Constitution of Bangladesh, 1972 Article 102 Admitedly, all the three educational institutions in questions were included in the list of MPO by the authority concerned. Before excluding these educational institutions from the list of MPO the authority concerned ought to have assigned reasons for doing...
(From previous issue) :Prohibition of Forced or Compulsory LaborThe law prohibits all forms of forced or compulsory labor. Penalties for forced or bonded labor offenses are five to 12 years’ imprisonment and a fine of not less than 50,000 taka ($625). Inspection mechanisms that enforce laws against forced labor did not function effectively. Resources, inspections, and remediation efforts were inadequate. The law also provides that victims of forced labor have access to shelter and other protective services afforded to trafficking...
