Appellate Division : (Civil)Md Abdul Wahhab Miah J Md Imman Ali J AHM Shamsuddin Choudhury JHazi Mohammad Abdul Malek…………………Appellant vs Jamal Hossain and others….…………….RespondentsJudgmentJuly 28th, 2015 State Acquisition & Tenancy Act (28 of 1951) Section 96 The pre-emptive right to purchase can accrue to the pre-emptor only after the case land is sold to the pre-emptee, not before that and that the pre-emptive right does not exist before the sale, and therefore, such a right is not-enforceable before the sale....
High Court Division :(Special Original Jurisdiction) Moyeenul Islam Chowdhury J JBM Hassan JYousuf Gazi (Md)…………………….PetitionerCourt of Sessions Judge, Khulna and Others……….. Respondents JudgmentMarch 2nd, 2017 Constitution of Bangladesh, 1972Article 102(2) It is a settled proposition of law that a fugitive from law cannot get any protection from any Court. Unless and until the petitioner submits to the sentence passed against him, he cannot seek redress in any Court of law……………. (6) Chairman, Anti-Corruption Commission vs Enayetur Rahman, 64 DLR (AD) 14;...
High Court Division :(Criminal Appellate Jurisdiction) ANM Bashir Ullah JMustafa Zaman Islam J Kamal Kha ……………..………Convict-Appellant vsState……….. RespondentJudgment June 25th, 2018 Arms Act (XI of 1878) Sections 19A & (f) The tribunal in order to convict the appellants distorted the evidence of PWs 1-5 in his own way although they did not give any evidence regarding the recovery of arms on the showing of accused Kamal Kha. The tribunal should have been more, realistic, easy and comfortable to discuss the...
High Court Division :(Special Statutory Jurisdiction) Farah Mahbub JSM Maniruzzaman J Commissioner, Customs, Excise and VAT Commissionerate…..Appellant vsCustoms, Excise and VAT Appellate Tribunal and others. ……..Respondents JudgmentMarch 12th, 2019Value Added Tax Act (XXII of 1991)Section 42(1)(ga)It is well settled that a quasi judicial authority cannot set aside his own order. The authority has set aside his self same earlier adjudication order which is without jurisdiction being functus officio. If the Customs authority is aggrieved by the adjudication order he or they...
(From previous issue) 10. We have heard the learned Advocate for the petitioner and the learned Deputy Attorney-General for the State. We have also perused the application and the connected materials on record. 11. It is the definite case of the accused-petitioner that the alleged occurrence took place beyond the territorial jurisdiction of Bangladesh on an allegation of misappropriation of money of a Company. But the Company as a juristic person does not lodge any complaint against him under Section...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam JMohammad Ali J Abdul Mannan Mian (Md)…………PetitionervsBangladesh, represented by its Secretary, Ministry of Land and others … Respondents JudgmentAugust 2nd, 2018.Constitution of Bangladesh, 1972 Article 102(2) Writ petition at instance of a ‘tenant’ who is not an owner of the land acquired in LA case itself is not maintainable. This writ petition should be discharged only on that score. . ….. (18) Constitution of Bangladesh, 1972Article 102(2) When an amount claimed...
High Court Division :(Criminal Appellate Jurisdiction) M Enayetur Rahim JMd Mostafizur Rahman J AKM Fakhrul Islam …………..Appellant vsState……….Respondent Order November 26th, 2018 Code of Criminal Procedure (V of 1898)Section 426 . There is no provision for staying the conviction during pendency of an appeal. It can only be set-aside or affirmed on disposal of the appeal. ‘Conviction’ is a formal declaration or the decision of a judge in a Court of law that some one is guilty of a criminal...
High Court Division :(Special Original Jurisdiction) JBM Hassan JMd Khairul Alam JRupali Bank Limited …………PetitionervsJudge, Artha Rin Adalat No.4, Dhaka and others………RespondentsArtha Rin Adalat Ain (VIII of 2003) Section 33(5) Since, no property was mortgaged by the principal borrower, direction is not in any way put any embargo upon the Adalat to sell the properties mortgaged by the 3rd party mortgagors including the properties of the respondents Nos. 2-10 in auction and to issue certificate under Section 33(5) of the...
High Court Division(Criminal Miscellaneous Jurisdiction) Md Abdul Hafiz J Mohi Uddin Shamim J Iftekhar Hossain Chowdhury……Accused -Petitioner VsState ………….Opposite-Party. Judgment February 27th, 2019 Code of Criminal Procedure (V of 1898) Section 561A Since the proceeding has been initiated on the allegation of misappropriation of money by the accused-petitioner of the Company under Section 420 of the Penal Code by a police officer and not by the Company as a cheated person, the informant had no legal authority to lodge the...
Casual Employees are Entitled to be Regularized under Revenue Set upHigh Court Division(Special Original Jurisdiction) Tariq ul Hakim J Md Shohrowardi J Nur Alam Chowkider (MD) Petitioners vsBangladesh, represented by the Secretary, Ministry of Shipping, Bangladesh Dhaka and others …………… Respondents JudgmentFebruary 5th, 2019Constitution of Bangladesh, 1972 Article 102(2) No provision has been made in the evsjv‡`k Af¨šÍixY †bŠ cwienb K‡c©v‡ik‡bi Kg©Pvix PvKzix cÖweavbgvjv, 1989 prohibiting absorption/ regularization of the service of casual employees in the revenue set up. Rather...
High Court Division (Special Original Jurisdiction) Sheikh Hassan Arif J } Md Badruzzaman J } Abu Syed Bhuiyan (Md) and others……………………… Petitioners vs Dhaka North and South City Corporation and Others…….Respondents.JudgmentJanuary 9th, 2018 Local Government (City Corporation) Ain, (LX of 2009 ) Section 22 Dhaka North & South City Corporation Market Upa Ain 2013 Article 25 Principle audi alteram partem-A person must be allowed an adequate opportunity to his case where certain interests and rights may be adversely affected by...
High Court Division :(Criminal Miscellaneous Jurisdiction) AKM Abdul Hakim J SM Mozibur Rahman J JudgmentJuly 12th, 2017 Rafiqul Islam (Md) …………Petitioner vsState…..Opposite-Party Special Powers Act (XIV of 1974) Section 25B Since no complaint was made before the Sessions Judge by competent officer under the law, the special tribunal had no jurisdiction to try this case under Section 258 of the Act. …… (18) Hasnat Quiyum, Advocate-For the Petitioner.Md Harun-ar-Rashid DAG with Shah Abdul Hatem AAG with MA Kamrul Hasan Khan...
