Appellate Division : (Criminal) Syed Mahmud Hossain J Md Imman Ali JHasan Foez Siddique JMahabur Sheikh alias Mahabur …….Petitioner vs State, represented by the Deputy Commissioner, Narail………Respondent* Judgment June 20th, 2014.Evidence Act (I of 1872) Section 106 Burden of proving fact especially within knowledge-Under Section 106 of the Act when any fact is especially within the knowledge of any person the burden of proving that fact is upon him. This principle has been applied in many cases where the wife has...
High Court Division : (Special Original Jurisdiction) Farah Mahbub JANM Bashir Ullah JAkhtar U Ahmed ……..…………..Petitioner vs Bangladesh Biman Corporation and others …………. Respondents*Judgment July 28th, 2011 Bangladesh Biman Corporation Employees (Service) Regulations, 1979 Rule 79 Bangladesh Biman Corporation Karmachari (Obasar vhata and anutoshik) Bhidimala, 1988 Rule 17 Since there was no departmental proceeding or criminal case pending at the time of retirement of the petitioner, as such, the petitioner is entitled to get his gratuity, provident fund and pension benefits...
(From previous issue) :27. The learned Advocate for the appellant also submits that before issuing the DO letter by the Thana Food Officer they usually go through the Bank scroll and when they are satisfied that the Bank had admitted the deposit of the money, then only the Thana Food Office issue the DO letter for the delivery of wheats. The learned Advocate for the appellant very categorically submits that though the PW 12 Md Zohurul Alam Gani testified that...
High Court Division :(Criminal Appellate Jurisdiction) ANM Bashir Ullah J JudgmentMay 18th, 2014.Abdul Bari (Md) …….………Convict-Appellant State ………Respondents* Prevention of Corruption Act (II of 1947) Sections 5(1)(2) After clear misappropriation of the government fund, depositing of the money later on will not absolve the appellant from the charge of misappropriation. After misappropriation, any attempt to repair the same depositing the amount of misappropriated found will not let him off from the charge and if any lenient view is taken upon...
High Court Division :(Civil Revisional Jurisdiction) Md Rais Uddin JBinoda Sundori Pal and another……..Petitioners vsChandan Chandra Pal and others … Opposite-Parties * Judgment September 14th, 2014.Code of Civil Procedure (V of 1908) Section 107(2) Order VI, rule 17 and Order XLI, rule 3(3) At any stage of the proceeding of the suit any party can pray for amendment of the pleadings even at the appellate stage. On reading of the application for amendment of the plaint it seems to me...
APPELLATE DIVISION :(Civil) Nazmun Ara Sultana JSyed Mahmud Hossain JMuhammad Imman Ali J Asad Ali (Md) and another ….. Appellants vsGolam Sarwar and others … Respondents JudgmentMay 28th, 2014. Non Agricultural Tenancy Act (XXIII of 1949) Section 24 In a proceeding under section 24 of the Act the question of co-sharership in the holding or tenancy is immaterial, however, the question of co-sharership in the ‘land’ is material. After partition by metes and bounds of the land or a holding...
Appellate Division Cases :(Criminal) PresentSyed Mahmud Hossain J Muhammad Imman Ali JHasan Foez Siddique J Mahabur Sheikh alias Mahabur ……… Petitioner VsThe state, represented by the Deputy Commissioner, Narail ……….. Respondent Judgment 20 April 2014 Nari-O-Shishu Nirjatan Daman Ain, 2000,Section 11 (Ka) Code of Criminal Procedure, section 374It is by now a well established principle that under section 106 of the Evidence Act when any fact is especially within the knowledge of any person the burden of proving that fact...
APPELLATE DIVISION :(Civil) Nazmun Ara Sultana JSyed Mahmud Hossain JMuhammad Imman Ali J Asad Ali (Md) and another ….. Appellants vsGolam Sarwar and others … Respondents JudgmentMay 28th, 2014. Non Agricultural Tenancy Act (XXIII of 1949) Section 24 In a proceeding under section 24 of the Act the question of co-sharership in the holding or tenancy is immaterial, however, the question of co-sharership in the ‘land’ is material. After partition by metes and bounds of the land or a holding...
Appellate Division Cases :(Criminal) PresentSyed Mahmud Hossain J Muhammad Imman Ali JHasan Foez Siddique J Mahabur Sheikh alias Mahabur ……… Petitioner VsThe state, represented by the Deputy Commissioner, Narail ……….. Respondent Judgment 20 April 2014 Nari-O-Shishu Nirjatan Daman Ain, 2000,Section 11 (Ka) Code of Criminal Procedure, section 374It is by now a well established principle that under section 106 of the Evidence Act when any fact is especially within the knowledge of any person the burden of proving that fact...
High Court Division :(Criminal Miscellaneous Jurisdiction) Md Ashfaqul Islam JAKM Zahirul Hoque JJudgmentAugust 27th, 2014.Lutful Kabir aliasKabir alias Lutful Kabir………….Accused PetitionervsState & another…….Opposite-PartyCode of Criminal Procedure (V of 1898)Section 561AThe allegations and accusation as the petitioner is facing in the proceeding apparently seem to be at a very initial stage and this Division sitting on an application under Section 561A it would be loath to give a decision on the truth or otherwise of those allegations that have been brought...
(From previous issue) :51. Pre-marital relationship, whether physical or otherwise, between unmarried couple is a sensitive issue in this country because of the restrictions of the rules of Religion and people have general tendency to suppress it unless compelled. 52. In the above context the DNA test report (Exhibit-X) need to be looked into. The report contain the analysis of data of the DNA of the child and also of both plaintiff and defendants. The conclusion of the report is...
Appellate Division (Civil) Syed Mahmud Hossain J Md Imman Ali JMd Anwarul Haque J Mortuz Ali Khalifa ………..Appellant vs Jobeda @ Kalu Bibi and others……….…… Respondents*Judgment January 29th, 2014.Code of Civil Procedure (V of 1908) Order XVIII, rule 17 Court may recall and examine witness-It is a cardinal principle of law that every party to a litigation must be given opportunity to place his case with relevant evidence. A party to the suit may be given the opportunity to call...
