Justice Latifur Rahman :Alternate Dispute Resolution (ADR) is gaining popularity all over the world, including developing countries like Bangladesh. Various forms of alternative dispute resolutions have been in existence in every society from time immemorial. Most human disputes can be profitably resolved outside the court room without unnecessary loss of time and money. ADR can be brought under two broad categories, namely (1) resolution of disputes outside the Court and (2) court-sponsored programs through which disputes may be resolved without...
Appellate Division (Criminal) Md Muzammel Hossain CJSurendra Kumar Sinha J Md Abdul Wahhab Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Ahmed Lal Mia……..……. Petitionervs State and another …….. Respondents* Judgment October 3rd, 2013. Negotiable Instruments Act (XXVI of 1881)Section 138 The cheque was dishonoured with the endorsement “payment stopped by the drawer”, a clear prima-facie case of the commission of the offence punishable under section 138 of the Act, has been made out against the accused. ….....
Appellate Division (Civil) Nazmun Ara Sultana J Syed Mahmud Hossain JMd Imman Ali JMd Anwarul Haque JAbdul Momen Bhuiyan and others …………..Petitioners vs District Judge, Dhaka and others ……… Respondents” Judgment November 17th, 2013Constitution of Bangladesh, 1972 Article 104 This Division previously exercised the power of doing complete justice under 104 of the Constitution. The subject matter of the instant case represents an occasion to and demands exercise of this power by this Division for the purpose of protection of...
High Court Division (Special Original Jurisdiction) Zinat Ara J SH Md Nurul Huda Jaigirdar JShahidul Islam (Md) … ……… PetitionervsAssistant Commissioner of Taxes, and others…….RespondentsJudgmentApril 7th, 2014Income Tax Ordinance (XXXVI of 1984) Sections 83A(5) and 93 There was scope for re-opening of a case by the DCT/the ACT under section 93 of the Ordinance for the relevant assessment year. However, re-opening must be on definite information regarding concealment. The ACT ought to have given an information to the assessee about...
(From previous issue)14. Admittedly the petitioner himself on behalf of the company has taken loan from respondent Pubali Bank by executing all the charge documents of the bank. The petitioner does not also dispute the fact of taking loan and other issues which are long standing unsettled matters mainly related to the payment of loan taken by him of course on behalf of the company. There is no denying that the elementary principle of company law is that the company...
High Court Division(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ashraful Kamal J Shafi A Choudhury …….……………… Petitioner vsGovernment of Bangladesh and others ………… RespondentsJudgment April 9th, 2014. Bank Companies Act (XIV of 1991) Section 2 When the provisions of the Act will be in derogation to other provisions of other laws, then the provisions specifically provided in the Act shall have to be followed only. .. ….(15) Bank Companies Act (XIV of 1991)Sections 5 KaKa and 27 KaKa If...
(To be continued)11. Sections 3 and 4 of the Act make several acts punishable. Under Section 3 the following acts are made punishable: a) opening, keeping or using common gaming-house; b) being owner or occupier of common gaming-house willfully permitting the same to be opened, occupied, used or kept by any other person; c) having been in care or management of or being engaged to assist the conducting of the business of any house, tent, room, space or walled enclosure,...
Appellate Division(Criminal)Md Muzammel Hossain CJSurendra Kumar Sinha J Md Abdul Wahhab Miah J Nazmun Ara Sultana. J Syed Mahamud Hossain J Md Imman Ali J Md Shamsul Huda J Shahjahan Khalifa and others … Petitioners VsState …… RespondentJudgment August 6th, 2012. Code of Criminal Procedure (V of 1898)Section 161 Statement recorded under section 161 of the Code is not a substantive evidence. Mere delay in recording the statements of the witness under section 161 of the Code, cannot be considered...
High Court Division(Special Original Jurisdiction) M Moazzam Hussain J Md Badruzzaman JJafar Ullah (Md) …….…………PetitionerSecretary, Ministry of Home Affairs and others. …………. RespondentsJudgment June 18th, 2014Public Amusement Act, 1933 Section 2 If the program is for public amusement it needs be held in the “place of public amusement” as defined under Section 2 of the Act and the place needs be notified as such by the Government and no person can open or keep open places of public amusement without,...
(From previous issue)14. In the given facts and circumstances, the issue to be resolved is whether the DO letter issued by the respective Member of Parliament can go to regulate the appointment of a Nikah Registrar within the frame work of the “Muslim Marriages and Divorce (Registration) Act, 1974 and the Rules, 2009. However, rule 8 of the Rules, 2009 prescribed the requirement to be eligible for appointment as a Nikah Registrar, which runs as under- ÒcÖv_x©‡`I †hvM¨Zv, BZ¨vw`|- †Kvb...
Appellate Division (Civil) Md Muzammel Hossain CJ Surendra Kumar Sinha J Md Abdul Wahhab Miah J Hasan Foez Siddique J Government of Bangladesh and others…….. Petitioners vs Md Gazi Shafiqul and others ………. ….. Respondents Judgment April 24th, 2013 Constitution of Bangladesh, 1972 Article 102(2) When no affidavit-in-opposition was filed before the High Court Division denying or controverting the case of the writ-petitioners, the High Court Division had no option but to accept the case of the writ-petitioners ………..(10)Rajik-al-Jalil, Deputy...
High Court Division (Special Original Jurisdiction)Farah Mahbub JAKM Zahirul Hoque J Judgment April 7th, 2014Mahmodul Hasan (Md) …………………. PetitionervsGovernment of Bangladesh and others ……..…………….. Respondents*Muslim Marriages and Divorce (Registration) Rules, 2009 Rule 11 Question of revocation of license will come into play only on the allegation of misconduct as defined in Rule 11 of the Rules, 2009. .. (18) Muslim Marriages and Divorce (Registration) Rules, 2009 Rule 8 The word ÔZ_¨Õ correspond to the information as provided under Rule 8...
