High Court Division :(Criminal Appellate Jurisdiction) ANM Bashir Ullah JMustafa Zaman Islam JJudgmentJuly 23rd, 2018Dr Ashim Kumar Das and others……Accused-AppellantsvsState and another ……RespondentsNari-o-Shishu Nirjatan Daman Ain (VIll of 2000) Sections 11(ga)/30 Since the allegation brought against her husband of causing hurt is very much specific in nature we find that her husband should be brought under trial giving a fair chance to the informant to prove her allegation through trial but so far the other accused is concerned the allegations...
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 present FIR...
(From previous issue) :He also submits that the plaintiff has challenged the said trust deed by filing Title Suit No. 1027 of 2017 before the court of 1st Joint District Judge, Dhaka, and also filed an application for temporary injunction and that an order dated 5-2-2018 was passed by the trial court to maintain status-quo, after hearing both the parties, which was a very fair order and was not harmful to either of the parties. Rather, it would have ensured...
(From previous issue)9. During hearing of the rule Mr Surojit Bhattacharjee, the learned Advocate along with Advocate Mr. Mohammad Nurul Huda Ansary, appeared on behalf of the plaintiff-respondent-petitioners while Mr Mustafa Kamal Pasha, the learned Advocate appeared on behalf of the defendant-appellant-opposite party No. 1 and Mr Abdul Hai, the learned Deputy Attorney-General along with Mr Shahidul Islam Khan, the learned Assistant Attorney General appeared on behalf of the Government-Opposite party. 10. The learned Advocate appearing on behalf of the...
High Court Division :(Civil Revisional Jurisdiction) Md. Rezaul Hasan JSarah Begum Kabori……….……………………Petitioner vs Neela Hosna Ara and another………………………….……………Opposite-PartiesJudgment December 4th, 2018 Code of Civil Procedure (V of 1908) Section 151 The proceedings of the miscellaneous appeal is liable to be quashed in exercise of inherent power conferred by Section 151 of the Code, read with this court’s constitutional power of supervision (both administrative and judicial) as conferred by Article 109 of the Constitution………….. (18) Manzill Murshid with AH Imrul Qausar...
Appellate Division :(Civil) Syed Mahmud Hossain C J Md Imman Ali J Hasan Foez Siddique J Mirza Hussain Haider J Engineer AB Siddique….………………..Petitioner vsKazi Akramuddin Ahmed and others………….Respondents. JudgmentMarch 29th, 2018 Constitution of Bangladesh, 1972 Article 102(2) The writ petition was maintainable since the same was filed before filing the title suit. We have gone through the judgment and order of this Division. We found that this Division answered the point raised by Mr Fida M. Kamal in its judgment....
High Court Division :(Civil Revisional Jurisdiction) Soumendra Sarker J Jamini Ranjan Chakra borty and others Plaintiff-Respondent- ………………..……….Petitioners vs Bazlur Rahman and other ……….DefendantAppelllant-Opposite-Parties……………….. Judgment November 6th 2017 Land Reforms Ordinance (X of 1984) Section 5 (1) Benami Transaction-The test for examination of benami character of transaction are as follows: (i) the source from which the purchase money came; (ii) the nature and possession of the property, after the purchase; (iii) motive, if any, for giving transaction a benami colour; (iv)...
(From previous issue) :7. The plaintiff then moved the High Court Division with the aforementioned civil revisional application, and obtained Rule, which upon hearing was made absolute. 8. The plaintiff then filed Civil Petition for Leave to Appeal No. 1120 of 2006. Leave was granted to consider the following grounds: “I. That since the plaintiff and the defendants are not co-sharers and there had been no partition among themselves, the plaintiff is not entitled to get any relief on the...
High Court Division :(Special Statutory Jurisdiction) Borhanuddin J Sardar Md Rashed Jahangir J Mohammad Hanif………..…….Appellant vs Customs, Excise and VAT Appellate TribunalDhaka, and others………..…Respondents Judgment November 20th 2018 Customs Act (IV of 1969) Section 196D The provision of law is that an aggrieved can file appeal against the judgment and order passed by the Tribunal within 90 days as per law. The period for filing appeal in the case in hand started from the date of communication. It also appears...
Appellate Division : (Civil) Md Abdul Wahhab Miah J Md Imman Ali J AHM Shamsuddin Choudhury J Anowara……………………….………….Appellants vsAbdul Rab Hawlader and another…………………..………………..RespondentsJudgment August 5th, 2015 Easement Act (V of 1882) Section 13 Easement right of way-As he has an alternative pathway, he is not entitled to any relief by way of an order for easement of necessity. There is little doubt that Section 13 of the Act is applicable only when properties owned jointly are partitioned amongst co-sharers, which is...
(From previous issue) :21. In Sekandar Spinning Mills Ltd. Vs Commissioner, Customs Excise and VAT reported in 63 DLR 272 while resolving the issue as to issuing demand notice without initiating process under Section 55 of the Act but pursuant to the request of the Local and Revenue Audit Directorate, it was observed, inter-alia, by one of the Benches of this Division: “—–The law provides that the VAT authority ought to have issued notice under Section 55(1) of the Act...
High Court Division :(Special Original Jurisdiction) Farah Mahbub J SM Maniruzzaman J BRAC Bank Limited … …………….. Petitioner……………………………VS National Board of Revenue and others…….………Respondents Judgment November 7th, 2018 Constitution of Bangladesh, 1972 Articles 128 and 132 The cardinal duties and functions of the office of the Comptroller and Auditor-General are to maintaining, competing and checking the accounts of the Republic and such other public offices, as may be prescribed by an Act of Parliament…………………………. (20) Value Added Tax Act (XXll of...
