(From previous issue) :PWs 2, 3, 4 who are his sons and PW 5 who is the wife of deceased, Abdur Rakib. These witnesses claimed that they were present at the house at the time of the occurrence and saw the occurrence in the light of electricity. Had they seen the appellant to shoot at the deceased as deposed by them in Court, they would have definitely stated so to PW 1 and in that case PW 1 would have...
High Court Division :(Criminal Revisional Jurisdiction) Md Emdadul Huq J Mohammad Ullah JSaleh Ahmed Shaheen (Md)………..Petitioner vsState………..Respondent* Judgment October 26th, 2011 Code of Criminal Procedure (V of 1898) Sections 195(l)(b) or (c) and 476 Penal Code (XLV of 1860) Section 211Adalat has not complied with any of the four requirements. He has neither formed any opinion nor recorded any finding as to whether he was satisfied about the necessity of inquiry into an offence under section 211 of the Penal...
Appellate Division :(Criminal) Md Muzammel Hossain CJSurendra Kumar Sinha JMd Abdul Wahhab Miah JNazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JMd Shamsul Huda JMomtaj Ali @ Babul…Appellant vsState ……..……….Respondent* JudgmentApril 10th, 2012Code of Criminal Procedure (V of 1898)Section 154 FIR is the earlier version of the prosecution case and the statements made therein can be looked into with a view to find the prosecution story as a whole as set out in the earlier stage though it cannot...
APPELLATE DIVISION :(Criminal) Surendra Kumar Sinha CJNazmun Ara Sultana JSyed Mahmud Hossain J JudgmentFebruary 11th, 2015.Anti-Corruption Commission ………..Petitioner [In all the Petitions] vs Mehedi Hasan and another. ……………… Respondents [In Criminal Petition No.514 of 11] Md Emdadul Islam and others ……..Respondents [In Civil Petition No.652 of 13] Ahmed Akbar Sobhan and others …………..Respondents [In Criminal Petition No.293 of 12] SM Anwar Hossain & others ………………..Respondents [In Criminal Petition No.284 of 13] Hasna Ahmed and anothers ………… Respondents [In Criminal petition...
(From previous issue) :6. The Sessions Judge submitted the proceedings of the case to the High Court Division under Section 374 of the Code of Criminal Procedure which was registered as Death Reference No. 29 of 2002. The appellant filed Jail Appeal No. 425 of 2002 along with other convicts: Nazrul, Talebul and Monir Mia and Criminal Appeal No. 2471 of 2002 along with the other convicts: Talebul and Nazrul: Co-convict, Monir filed Criminal Appeal No. 2472 of 2002 and...
Appellate Division :(Criminal) Md Muzammel Hossain CJSurendra Kumar Sinha JMd Abdul Wahhab Miah JNazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JMd Shamsul Huda JMomtaj Ali @ Babul…Appellant vsState ………………Respondent* JudgmentApril 10th, 2012Code of Criminal Procedure (V of 1898)Section 154 FIR is the earlier version of the prosecution case and the statements made therein can be looked into with a view to find the prosecution story as a whole as set out in the earlier stage though it cannot...
High Court Division’ :(Special Original Jurisdiction) Naima Haider J Zafar Ahmed J Judgment February 2nd, 2014. Shafi-ul-Azam (Md)……..Petitioner vsThe Deputy Commissioner, Dhaka and others … RespondentsState Acquisition & Tenancy Act (28 of 1951)Section 144(7) Constitution of Bangladesh, 1972 Article 102 Acquisition & Requisition of Immovable Property Ordinance (II of 1982) Section 7 Circle Officer being a governmental authority passed the order mutating the land in favour of the predecessors of petitioner divesting any right, title or interest of Government in...
(From previous issue) :12. The second point is whether the petitioners are entitled to the service benefits salary, time scale etc. from the date of their joining in the revenue budget or from the date of joining in the development project. 13. Rule 5 of the 2005 Rules states as follows:- Ó5| †R¨ôZv wba©viY-(1) GB wewagvjv Aaxb wbqwgZK…Z †Kvb Kg©KZ©v ev Kg©Pvixi †R¨ôZv wba©vi‡Yi †ÿ‡Î Zvnvi PvKzix wbqwgZKi‡Yi ZvwiL nB‡Z MYbv Kiv nB‡e|(2) †Kvb Dbœqb cÖK‡í GKB Zvwi‡L wb‡qvMcÖvß GKvwaK...
Appellate Division (Criminal) :Md Abdul Wahhab Miah JMd Imman AliHasan Foez Siddique JJudgmentJanuary 19th, 2015.Jahirul Haque and another…..……………PetitionersVsState…………..RespondentPenal Code (XLV of 1860) Section 394 Considering the prevailing circumstances, particularly, the petitioners were assaulted mercilessly and that they snatched away cash and kinds worth of Taka 4,500 only and that in the mean time they have crossed the age of 40 years, ends of justice would be met if their sentence is reduced to the period which they have already served...
High Court Division :(Criminal Miscellaneous Jurisdiction)Md Nizamul Huq JMd Jahangir Hossain JJudgmentMay 8th 2014. Abdul Hamid (Ujir) …..Accused PetitionerVsState and others……..Opposite-PartyNari-o-Shishu Nirjatan Daman Ain (VIII of 2000)Section 27 Tribunal without complying with the stipulated provision of law i.e. without sending the matter for inquiry and without getting inquiry report directly took cognizance merely on the basis of the petition of complaint, as such, the very initiation and continuation of the proceedings is an abuse of the process of the court....
High Court Division :(Special Original Jurisdiction) Tariq-ul-Hakim J Abu Taher Md SaifurRahman JJudgmentJuly 8th, 2013Shahnaz Parveen and ………others Petitioners vsBangladesh, represented by the Secretary, Ministry of Health and Family Welfare Dhaka and others …………. Respondents * Regularisation and Seniority Fixation of Posts from Development Project to Revenue Budget, 2005 Rule 6 Judgment July 8th, 2013 An employee transferred from the development project to the revenue set-up to enjoy salary, leave, pension and other service benefits from the date of his...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ruhul Quddus JRex Apparels (Pvt) Ltd. and others …………..……………..Petitioner vs Government of Bangladesh and others ………… RespondentsJudgment January 27th, 2015. Constitution of Bangladesh, 1972 Article 102(2) If an auction sale has been held to be illegal or irregular, the same cannot be challenged under Article 102 of the Constitution. However the owner may sue the bank concerned for any loss, if suffered because of such illegal or irregular auction...
