Appellate Division (Criminal)Nazmun Ara Sultana J Syed Mahmud Hossain JMd Imman Ali JJudgmentJuly 24th, 2014.State……….PetitionerVsRobin…..RespondentCode of Criminal Procedure (V of 1898)Section 342Ends of justice will be met if the case is remanded to the trial Court for giving an opportunity to the respondent to cross-examine the prosecution witnesses, if he so desires and also in order that the Court may examine the accused under Section 342 of the Code.We find from the record that the victim, as informant, lodged the...
High Court Division(Civil Revisional Jurisdiction)Shiekh Abdul Awal JJudgmentApril 9th, 2014Mohsin-al-Mehedi (Md)and another …. Pre-emptee-PetitionersVsKhukumoni Khatun andanother……..Pre-emptor-Opposite Parties State Acquisition & Tenancy Act (XXVIII of 1951) Section 96 All the co-sharers must be impleaded to a preemption proceeding and when this mandate was not complied with the right of pre-emption conferred under Section 96 of the Act then it is not available. . ….. (20) M Ashraf Ali, Advocate-For the Petitioners.Zainul Abedin and Taj Mohammad Sheikh, Advocates-For the Opposite Party Nos.1...
(From previous issue)17. With a view to appreciate the submission made by the learned Advocates from both sides, we have to consider the plaint of the instant suit and the principles of law as laid down in the Civil Procedure Code and the Companies Act. According to the provision of section 9 of the Civil Procedure Code gives Jurisdiction to the Civil Court to try all civil disputes unless they are expressly or impliedly barred. Expressly barred means barred by...
(From previous issue)7. The defence as it appears from trend of cross-examination of the prosecution witnesses are that of innocence and false implication .. 8. After trial the accused were convicted as aforesaid. 9. The learned Advocates appearing for the convict- appellants support the appeal. Their common contentions are that the alleged incriminating arms were not recovered from the exclusive control and possession of the appellants. They submit that the Charge as framed against the appellants are not consistent with...
High Court Division :(Civil Appellate Jurisdiction) Nozrul Islam Chowdhury JKM Kamrul Kader JAHM Kamruzzaman Khan………….Plaintiff-Appellantvs Registrar, Joint Stock Companies & Firms Judgment and other. .. Defendant RespondentsJudgmentMarch 19th, 2012. Specific Relief Act (1 of 1877) Section 42 The nature of the dispute is entirely a civil dispute and it can only be resolved by a competent civil court. There is no provision in the Companies Act to file any declaratory suit under which the plaintiff could seek reliefs he claimed...
High Court Division :(Civil Revisional Jurisdiction) Sheikh Abdul Awal J Saiful Islam (Md) …………Defendant-Petitioner vsAK Fozlul Haque and others………….Plaintiff- Opposite PartiesJudgment May 6th, 2014.Muslim Marriages and Divorce (Registration) Act (LII of 1973) Rule 10 License of a Nikah Registrar is to be granted only for 1 (one) union, not more than one union. . ….. (14) AJ Mohammad Ali and Rubaiyat Hossain, Advocates -For the Petitioner. Mohammad Nurul Haque, Advocate-For the Opposite Party No.1. Md Abdul Hai, DAG-For the Opposite...
High Court Division : (Criminal Appellate Jurisdiction) Syed Md Ziaul Karim JAshish Ranjan Das JAbdul Azid alias Azid Dacoit. ……. …………..Convict- Appellant vsState……..Respondent*Judgment February 23rd, 2014. Code of Criminal Procedure (V of 1898) Section 35A(1) Total period the appellants have been in custody before conviction in connection with offence shall be deducted from the sentence of imprisonment awarded to them. . ….. (32) Joshna Akhter, Advocate-For the Convict Appellant. Hasna Begum, Advocate-For the Appellants in all Jail Appeals, Sakila Rowshan, DAG...
Appellate Division :(Criminal)Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md Anwarul Haque J State ………… Appellant vsMd Shamsur Rahman Sikder @ Kalu & other ……………RespondentsJudgment February 11th, 2014.Cruelty to Women (Deterrent Punishment) Ordinance (LX of 1983) Sections 4(Kha) and 10 Penal Code (XLV of 1860) Section 376 Code of Criminal Procedure (V of 1898) Sections 374 and 376 The process of sentencing is at the discretion of the Judge and is at the same time...
Appellate Division (Civil) Nazmun Ara Sultana J Syed Mahmud Hossain J Md lmman Ali J Government of Bangladesh, represented by the Secretary. Ministry of Education and others ……………………….. Petitioners.vs SM Humayun Kabir and another……… Respondents*Judgment September 7th, 2014. Service Matter Resignation tendered by a government official can be withdrawn before it is accepted by the competent authority. Government servant continued with his service till his resignation was accepted or in other words his service was terminated on the day when...
(From previous issue) :8. They also submit that the case was fixed at trial on 22-1-2007 for the examination of the accused under section 342 of the Code but on that particular date the accused intentionally remained absent from appearing in the trial Court. As such, he was not examined under section 342 of the Code and for the fault of the accused, the prosecution cannot be deprived from the justice as neither the prosecution nor the Court had any...
Appellate Division :(Civil) Nazmun Ara Sultana JSyed Mahmud Hossain J Md Imman Ali J Government of Bangladesh and others……. PetitionersvsMd Abdul Karim……… Respondent*Judgment June 9th, 2014Government Servants (Discipline and Appeal) Rules, 1985 Rule 25(1) The purpose of section 25(1) of the Rules is to enable the authority to impose appropriate penalty on the delinquent employee taking into consideration the punishment, if any, imposed on that delinquent employee in the criminal case.Rule 25(1) Imposition of punishment in the departmental proceeding will...
High Court Division :(Criminal Appellate Jurisdiction) ANM Bashirullah J Belal Uddin (Md) ……..………….Convict-Appellant vsMd Lutfor Rahman and another…………………. Respondents Judgment January 27th, 2014. Negotiable Instruments Act (XXVI of 1881) Section 138 The amount covered by the cheque nor any higher or lesser amount of the cheque and if the demand is made for a lesser amount or for a bigger amount not covered by the cheque, which was dishonoured the prosecution case must fail. …………(21) Code of Criminal Procedure (V...
