High Court Division(Civil Revisional Jurisdiction) Md Emdadul Huq J Beautiful Bibi ……..……………….. Petitioner vsMd Sydur Rahman ……..………… Opposite Party* JudgmentMay 19th, 2014.Family Courts Ordinance (XVIII of 1985) Section 5 DNA Test-DNA test report prepared by the Government DNA Laboratory is a credible evidence. The conclusion of the report is consistent with the admitted birth of the child during continuance of the marriage and also with the statements of the PWs that the child was born with 10/11 months after solemnization of...
Appellate Division :(Criminal)Nazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JMd Anwarul Haque JJudgmentMarch 13th, 2014Shah Alam (Md)….……PetitionerVsState, represented by the Deputy Commissioner, Chittagong and another ……RespondentsNegotiable Instruments Act (XXVI of 1881)Section 138Person who issued the cheque (accused-petitioner) having full knowledge about the fact that the cheque could not be encashed on the basis of his signature, issued the same with the malafide intention to frustrate the claim of the complainant.The cheque was not returned only on the ground...
High Court Division :(Special Original Jurisdiction) Moyeenul Islam Chowdhury JBhabani Prasad Singha JJudgmentSeptember, 15th 2014.Nahar Hasan…………PetitionervsGovernment of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Local Government, Rural Development and Co-Operatives & others…………………….RespondentsConstitution of Bangladesh, 1972 Article 102 It can interfere with the findings of a Court of facts under its extraordinary jurisdiction under Article 102 only if it can be shown that the Court has acted without jurisdiction or made any finding upon no evidence or...
(From previous issue) :The High Court Division further observed that from the materials, it was found that 392 employees of the project were absorbed in the revenue set up after its completion; the writ-respondents received that service from the writ-petitions from about 7 (seven) years till 2003 (it would be February, 2003) after the end of the project in 1995, but the writ-petitioners were paid salaries upto 1998 and thereafter, they rendered services “till 2003 with the sky high expectation”...
Present:Mr. Justice Mohammad Bazlur RahmanandMr. Justice Md. Moinul Islam ChowdhuryCriminal Miscellaneous Case No.10739 of 2010M.A. Matin………….Petitioner-Versus-The State……….Opposite PartyMr. Md. Habibul Islam Bhuiyan with Mr. Masud Ahmed Sayeed….For the PetitionerMr. Sk Md Morshed withMrs. Selina Akter Chowdhury……For the Complainant/Opposite Party No.2withCriminal Miscellaneous Case No. 21567 of 2010Nuru Jaman……………..PetitionerversusThe StateOpposite PartyMr. MG Mahmud (Shaheed)……….For the PetitionerMr Zafor Alim Khan……For the Complainant/Opposite Party No.2Mr. Md. Aminur Rahman Chowdhury, AAG with Mr Md. Mamunur Rashid, AAG………For the State(In both the Rules)Heard on 08.03.2011 and...
Mahbubul Alam Toha :Most of the people claim that they are virtuous, have strong morality, do not harm others, and have no bad characteristics. Unfortunately, the reality is somewhat different, for the vast majority of people have some in moral aspects that is forbidden in any circumstances. Lying, which is the subject of this writing, is something to which people pay little attention. They feign ignorance when others lie and regard themselves as innocent when they do it. This is...
Appellate Division :Md Muzammel Hossain CJSurendra Kumar Sinha JMd Abdul Wahhab Miah JSyed Mahmud Hossain JGovernment of Bangladesh and others…………PetitionersvsMd Aminul Islam and others——–RespondentsJudgmentJuly 29th, 2013Constitution of Bangladesh, 1972Articles 102(2) and 111As the writ-petitioners rendered service to the Board till February, 2003 they are surely entitled to get the salary and fringe benefits upto February, 2003 from January, 1998. The writ-respondents did not deny the facts asserted in the writ petition and thus the claim of the writ-petitioners that the...
(From previous issue) :10. Thus, upon a minute reading of Article 102(5) in tandem with Article 117, we hold that this Court lacks its jurisdiction in entertaining an application by any Government servant with regard to any grievance relating to the issue of Government accommodation as the same is directly linked with his/her service conditions. 11. Apart from impugning the action of the respondents as to cancellation of the petitioner’s accommodation, the petitioner has also challenged the vires of section...
High Court Division :(Special Original Jurisdiction) Quamrul Islam Siddique J Md Khurshid AlamSarkar JJudgment August l1th, 2014.SM Shah Jama1………..…………………Petitioner vsGovernment of Bangladesh and others …. ………..Respondents”. Constitution of Bangladesh, 1972 Article 102(2) Entitlement to an accommodation is an integral part of the service condition of a Government servant inasmuch as his engagement in the service of the Republic endows him with the said entitlement of enjoying an accommodation facility at a nominal cost and, therefore, it is an irresistible conclusion...
(From previous issue) :31. In reply to cross-examination PW 15 says that. ÒAvmvgx Rv‡e` Rvnv½xi Avgvi cv‡ki dv‡U fvov _vKZ| Rv‡e` Rvnv½x‡ii mwnZ Zvi ¯¿xi SMov weev` wQj wK bv Rvwb bv| Avwg Ly‡bi NUbv †`wLwb| jv‡ki Mjvq Iobv †cPv‡bv †`‡LwQ|Ó32. PW 16 SI Subroto Sarker made the investigation of the case. In his deposition PW 16 says that- “Ó Ò2-4-2007Bs Zvs Avwg CMP Gi evKwjqv _vbvi SI wnmv‡e Kg©iZ _vKvKv‡j evKwjqv _vbvi gvgjv bs-(AcvV¨), Zvs-2-4-2007, aviv `Ûwewai 302/201 iæRy...
High Court DivisionCriminal Appellate JurisdictionMd. Abdul Hye JKrishna Debnath JJudgementJuly 14th, 2014State………….AppellantsvsJabed Jahangir…………..…………..Condemned PrisonerCode of Criminal Procedure (V of 1898)Section 428Penal Code (XLV of 1860)Section302Before holding the trial news paper publication was made regarding the absconding accused and that news paper publication is lying with the record. After arrest by the police, convict was sent to Jail, wherefrom he filed the Jail Appeal putting his signature in the Vokalatnama. The signature of convict in his Vokalatnama and the signature put...
(From previous issue)15. It is found that the trial court by its order dated 9-6-2006 kept the prayer for acceptance of BP. on record inasmuch as the opposite party Nos. 1-2 did not deposit Taka 1,000 as cost.16. The learned Assistant Judge on the facts of the case and on consideration of the legal position by his judgment and order dated 13-11-2008 disallowed the preemption on the finding which reads as follows : ÒAÎ †gvKÏgvi gyj ÎæwU nB‡Z‡Q Bnv cÿ‡`v‡l...
