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Appellate Division : (Criminal) Md Muzammel Hossain CJ Surendra Kumar Sinha J Md Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Choudhury JAnti Corruption Commission ………….PetitionervsAman Ullah Aman and others …… Respondents,. Judgment May 26th, 2014.Anti-Corruption Commission Act (V of 2004) Section 27(1) Criminal Law Amendment Act (XL of 1958) Section 10 Notice issued under Section 26(1) by the Secretary of the Commission was without jurisdiction. But, for this reason the High Court Division cannot set-aside the conviction of...
HIGH COURT DIVISION :(Statutory Original Jurisdiction) AFM Abdur Rahman JManaging Director, Baghdad Vegetable Oil Industries Ltd ……………………. Petitioner vsVan Den Heghs and others …. ……………..RespondentJudgementJanuary 11th2012Trade Mark Act (XIX of 2009) Section 42 Provisions did not mention about the user of registered trade mark within the territory of Bangladesh yet the scheme and object of Act indicates that unless the registered trade mark is used within the territory of Bangladesh for the purpose of business by affixing the mark on...
High Court Division(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ashraful Kamal JAbul Kalam Azad (Md)………………….Contempt- Petitioner vs Dewan Zakir Hossain and others ……. Contemnor-RespondentsContempt of Courts Act (XII of 1926) Sections 2 and 3 Observations-Inordinate delay of in implementing the positive order of this Division is unpardonable and tantamounts to contempt of court. It would be expected that sense will prevail upon the contemnor and in future they shall never repeat this sort of disobedience of the court’s order....
High Court Division (Criminal Appellate Jurisdiction) Syed Md ZiaulKarim J Ashish Ranjan Das J Rizia Khatoon ……….. ………Informant- Appellant vsState ….. RespondentJudgment January 26th, 2014.Custody of Victim-Safe Custody When the victim is minor then her custody with the mother is the safe custody than that of the Jail custody. .. …. (11) No one Appears-For the Informant-Appellant.Sakila Rowshan, DAG with Sharmina Haque, AAG and Md Sohrawardi, AAG-For the State. Judgment Syed Md Ziaul Karim 1 J: By this appeal the...
High Court Division (Special Original Jurisdiction) Naima Haider J Zafar Ahmed JRana Singha …….……..Petitioner vs Government of Bangladesh and others……Respondents -Opposite PartiesJudgmentJanuary 23rd, 2013. Constitution of Bangladesh, 1972 Articles 31, 32 and 102(2) The failure of the Government to take steps in violation of fundamental right of foreign prisoners which have been guaranteed in Articles 31 and 32 of the Constitution……(15) Faustina Pereina vs state 53 DLR 414 ref.Md Mahbub Ali with Rafat Zahan and Jesmin Akhter, Advocates-For the Petitioner. Md...
Appellate Division(Civil) Nazmun Ara Sultana J Syed Mahmud Hossain JMd Imman Ali JGovernment of Bangladesh and others ………Petitioners vsMd Abdul Karim ……..…………………..Respondent* JudgmentJune 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 remain...
Sk. M. Tofayel HasanJoint Metropolitan Session Judge, ChittagongForeword :As per the Oxford dictionary “Child” means a young human being who is not yet an adult. At the time to build up the concept of family, a child was unquestionably considered as a human being without any status but with its existence. Within a course of time the concept has been increased and the child has become an important part as it preserves the generation of a family though their status...
Appellate Division (Civil)Md Muzammel Hossain CJMd Abdul Wahhab Miah JHasan Foez Siddique JAHM ShamsuddinChowdhury JJudgmentFebruary 17th, 2014.Gias Uddin Chowdhury (Md) and others………..PetitionersVsBangladesh, represented by the Secretary, Ministry of Law and others…..RespondentsArtha Rin Adalat Ain (VIII of 2003) Section 32(2) The language of sub-section (2) is absolutely mandatory in nature as consequence of non-deposit of such security has been provided therein and since the petitioners did not deposit security equivalent to 25% of the decretal amount, their application was incompetent. ……..(9)Artha...
High Court Division (Special Original Jurisdiction) Tariq-ul-Hakim JATM Saifur Rahman JJudgmentFebruary 6th, 2013WDS Naushad Ali Khan … Petitioner in Writ Petition No. 8063 of2012 VsGovernment of Bangladesh and others ….. RespondentsPublic Servant (Retirement) Act (XII of 1974) Section 4 Bangladesh Biman Corporation Employees (Service) Regulations, 1979 Regulation 11 Since the employees of Biman are public servants within the meaning of the Act, therefore the provisions of the Act will be applicable from the date of its amendment i.e. since the...
Appellate Division (Civil) Syed Mahmud Hossain JMd ImmanAli J Md Anwarul Haque J Ali Garments Limited…………….AppellantvsCommissioner of Taxes ….. Respondent* JudgementJanuary 5th, 2014Income Tax Ordinance (XXXVI of 1984) Sections 160 and 161(2) Under Section 161(2) the High Court Division is required only to hear and decide the question of law raised and, thereafter, deliver is judgment stating the grounds on which the decision is founded. With regard to the submission of learned Counsel for the appellant that the High Court...
Bodiuzzaman Khan :In a US case (1) Earnesto A. Miranda a twenty three year-old indigent was convicted on the charge of kidnapping and rape of an eighteen year-old girl. The accused Miranda was identified in a police line-up as attacker and in the police officers interrogation, Miranda though not in initial stage, lastly admitted his guilt. After conviction, his attorney approached on the ground of Miranda’s confession was coerced and the police had violated 5th Amendment (US Const) right. The...
