High Court Division :(Special Original Jurisdiction) Borhanuddin J } Bangladesh Water Sardar Md Rashed } Development Board Jahangir J }…………..Petitioner } VSJudgment } Additional DistrictJuly 23rd, 2018 } Judge 6th Court, } Chittagong and another }………….. Respondents. Arbitration Act (1 of 2001)Section 12 (4)Neither the law nor the contract agreement prescribes any qualification that the arbitrator has to be a different person depending on the nature of the dispute rather from the provision of law it appears that Court has...
Appellate Division (Civil) :Syed Mahmud Hossain CJMd Imman Ali JHasan Foez Siddique JMirza Hussain Haider JBene Martime Inc……….PetitionersvsAlam Feed Limited and others……..Respondents JudgmentFebruary 27th, 2018Admiralty Court Act (XLIII of 2000)Sections 3 and 4 Jurisdiction of Admiralty Court-The question of declaration of General Average Bond and signing of General Average Guarantee by the plaintiff is out of ambit of the jurisdiction of this Court (the Admiralty Bench of the High Court Division) and falls under the purview of arbitration. …………(6) Kamal-ul-Alam,...
High Court Division :(Special Original Jurisdiction) Md Moinul Islam Chowdhury J JBM Hassan J Anowara Chowdhury and others………..Petitioners vsBangladesh and others ………..Respondents JudgmentMarch 11th, 2014 Teachers and Non-Teaching Staff of Nationalized Colleges Absorption Rules, 2000Rule (Q)Relaxation is not without any specific terms and conditions because the petitioners have to qualify as per the requirement of the BCS Cadre Service within 3 years from the date of absorption as the lecturers, otherwise, the petitioners would certainly loose the benefits of the...
HIGH COURT DIVISION :(Criminal Revisional Jurisdiction)Syed Md Ziaul Karim J Pannu @ Md Pannu ANM Bashir Ullah J Mia & others………………Accused Petitioners VS State…………. Opposite Party.Judgment February 3rd, 2014Code of Criminal Procedure (V of 1898)Section 173 (3B)Further Investigation-At any stage of the proceeding if it appears that further investigation is required for collection of further evidence the case can be sent for further investigation. The accused petitioners have no authority to challenge the impugned order inasmuchas by the order of...
High Court Division :(Special Original Jurisdiction) Naima Haider JZafar Ahmed J Kazi Abdul Aziz Petitioner VsRajdhani Unnayan Kartripakkha (RAJUK) and another……..Respondents Judgment January 23rd, 2018 Constitution of Bangladesh, 1972 Article 102(2) A statutory functionary cannot assume a jurisdiction which is not vested in it by the statute. When any provision of the Ordinance does not vest the Deputy Commissioner with the power to reassess, recalculate or reopen the award already made by the Deputy Commissioner, the Deputy Commissioner, does not...
High Court Division :(Criminal Miscellaneous Jurisdiction) Sheikh Abdul Awal J } Abdul Awal (Md)…………… (Bhishmadev } …………Accused-Petitioner Charabortty J } vsJudgment } State and another ………January 7th, 2019 } ………………Opposite-Parties Negotiable Instruments Act (XXVI of 1881) Section 138 The proposition of law is well settled that on the basis of defence plea or materials, the proceedings should not be stifled before trial, when there is a prima-facie case for going to the trial. The accused-petitioner on 9-5-2017 issued a cheque...
High Court Division :(Civil Appellate Jurisdiction) Md Abdul Hafiz J Mizanur Rahman Howlader (Md)…….……….Defendant-Appellant-Petitioner VSMehnaz Karim ………….. Plaintiff-Respondent-Opposite-Party Judgment August 17th, 2016 Family Courts Ordinance (XVIII of 1985) Section 21 There is no provision in the Ordinance, which authorize the appearance through an agent in a family suit apart from a pardah-nashin lady. ……………..(8) Md Toufiq Inam. Advocate-For the Defendant-Appellant-Petitioner. Subrata Chowdhury. Advocat-For the Plaintiff-Respondent-Opposite-Party. JudgmentThis Rule was issued calling upon the opposite party to show cause as to why...
High Court Division :(Criminal Appellate Jurisdiction) ANM Bashir Ullah J } Parimal Adhikari……Mustafa Zaman Islam J } Informant-Appellant vs Judgment } Sree Kisno SarkerAugust 6th, 2018 } and others ………..Respondents Nari-o-Shishu Nirjatan Daman Ain (VIII of 2000) Section 28 When wife is killed or met with her death in the house of her husband, the primary onus lies upon her husband and the other inmates of the house to explain as to how she met with her death and in...
High Court Division (Special Original Jurisdiction) Zinat Ara JKazi Md Ejarul Haque Akondo JMohammad Ali………………Petitioner VSJudge, Artha Rin Adalat, ChittagongAnd others… ……………….Respondents Judgment August 7th, 2017Artha Rin Adalat Ain (VIII of 2003) Section 22 (4) The mediator without following the provision of Section 22 (4) of the Ain, 2003 submitted report before the Adalat without taking signatures or thumb impressions of the parties on the report and without signatures of the learned Advocates for the parties therein, which is a...
High Court Division (Special Original Jurisdiction) Moyeenul Islam Chowdhury JMd Ashraful Kamal J Habib Ahmed Shukur Morshed ……Petitioner vs Waqf Administrator Bangladesh and others …………RespondentsJudgment September 17th, 2014 “Waqf Ordinance (1 of 1962) Section 51 On a plain reading of the section it is crystal clear that whenever any change needed in the management of an waqf property due to the death, retirement or removal of the mutawalli, the prospective mutawalli who is eligible or who considers himself to be...
High Court Division :Special Original Jurisdiction) Quazi Reza-ul Hoque JMohammad Ullah J Rabiul Husain and 2 (two) others……..PetitionersvsGovernment of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Works and Housing (Housing Department), Bangladesh and 3 others ……. Respondents Judgment March 23rd, 2017 Constitution or Bangladesh, 1972 Article 102(2) The prime duty of the Government to rehabilitate the displaced/evicted persons first and then to allot plots to new incumbents to the residential area that bas been acquired by...
High Court Division :(Civil Revisional Jurisdiction) Md Rais Uddin J Abdul Aziz ……… Petitioner VsMd Jalal Uddin……… Opposite-Party Judgment October 8th, 2018 Specific Performance of Contract In the suit for Specific Performance of Contract the plaintiff is required to prove the existence of lawful contract and due execution of agreement and payment of consideration …………… (19) Md Fazlul Haque vs BM Rahman @ Mahbubur Rahman, 1 MLR (AD) 418 ref. Alauddin, Advocate-For the Petitioner. Mirazul Hossain Khan, Advocate-For the Opposite-Party....
