Farjana Afruj Khan Alin :The current legal system in Bangladesh is a sophisticated technology compared to the institution that foreigners trade. The usual role of the judiciary in litigation and dispute resolution (civil jurisdiction) and the accused and in the criminal process (criminal justice) has evolved over the years. The basic elements of modern civil and criminal justice systems have been operating in most continental countries for more than a century.Justice plays an important role in achieving sustainable development goals....
High Court Division :(Special Original Jurisdiction) Syed Md Dastagir Husain JMd Faruque (M Faruque) J Rezia Bibi alias Rezia Khatun Bibi…Petitioner vsArtha Rin Adalat, Bogra & others. RespondentsJudgmentMarch 3rd, 2014Artha Rin Adalat Ain (VIII of 2003) Section 8(7) Admittedly, the lands which are the self acquired property of the petitioner were not mortgaged to the bank for recovery of the Joan amount of the borrower and the petitioner is neither loanee nor mortgagor or guarantor for the loan of her...
High Court Division :(Criminal Miscellaneous Jurisdiction) AKM Abdul Hakim J SM Mozibur Rahman J Abdul Karim ………Petitioner VSState……………Opposite-Party Judgment March 13th, 2017 Nari-o-Shishu Nirjatan Doman Ain (VIII of 2000) Sections 11(Ga) and 27(1) (Kha)(Kha) The Tribunal can take cognizance of any offence in the interest of Justice even if no such recommendationis made after inquiry for Proceeding with a case. ……(10) HMA Alam, Advocate-For the Petitioner.Md Akramul Haque Baki, Advocate-For the Added- Opposite-Party No.2. Md Harun-ar-Rashid DAG with Shah Abdul Hatem...
High Court Division :(Special Statutory Jurisdiction) Borhanuddin J Sardar Md Rashed Jahangir JSaiful Alam (Md)…………………………… Appellant vs Customs, Excise and VAT Appellate Tribunal,Dhaka, and others………………………RespondentsJudgment November 14th, 2018Customs Act (IV of 1969)Section 25AThe importer under the PSI scheme has no obligation to prove authenticity of the actual transaction value when PSI agency certified the price under section 25A of the Act. The authority should be refrained from assessing the PSI certified goods on pick and choose basis at the whims...
High Court Division :(Criminal Miscellaneous Jurisdiction) ANM Bashir Ullah J } . Mohammad Ullah J } Abdullah (Md) Accused-Petitioner VSState …………Opposite Party JudgmentMarch 11th, 2018 Code of Criminal Procedure (V of 1898) Section 561A On the date of issuance of the Rule 6 witnesses were examined and the case was fixed for the examination of the accused under Section 342 of the Code for twice but each and every time the accused could not be examined for the c1every step of the...
High Court Division :(Civil Revisional Jurisdiction) Md Rais Uddin JAbdul Aziz………….PetitionervsMd Jalal Uddin………Opposite-Party JudgmentOctober 8th, 2018 Specific Performance of Contract In the suit for Spacific 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, l MLR (AD) 418 ref. Alauddin, Advocate-For the Petitioner.Mirazul Hossain Khan, Advocate-For the Opposite-Party. Judgment This Rule was issued calling upon...
High Court Division :(Criminal Miscellaneous Jurisdiction) ANM Bashir Ullah J Mohammad Ullah J Showkot Osman Khondakar (Md)……….PetitionervsMd Amzad Hossain and 6 (six) others……….Opposite-Parties JudgmentFebruary 20th, 2018 Code of Criminal Procedure (V of 1898) Section 494The Court is required to exercise its function judiciously to accord withdrawal of any accused from the prosecution. The consent should not be given mechanically for the purpose of withdrawal of a criminal case particularly a murder case like present one. …. (14) Code of Criminal...
Appellate Division (Civil) :Syed Mahmud Hossain J } Hasan Foez Siddique J } Mirza Hussain Haider J } Secretary, Ministry of Housing and Public Works,Government of Bangladesh Dhaka and others…………… Appellants VSHanif Brothers and another………Respondents Judgment May 17th, 2017 Constitution of Bangladesh, 1972 Article 102(2) Neither in the Court of Settlement nor in the High Court Division the writ petitioner stated that earlier he filed settlement case which was dismissed on merit. He was totally silent about his earlier case and...
High Court Division :(Criminal Appellate Jurisdiction) Sheikh Abdul Awal JBhishmadevChakrabortty J Alamgir Matubbar (Md). ………..Accused-AppellantvsState ………..Respondent JudgmentJuy 18th, 2018 Code of Criminal Procedure (V of 1898) Sections 173 and 561A The investigating officer having found no evidence oral or documentary whatsoever in support of the alleged beating of demanding dowry. It is found that the tribunal without assigning any reason whatsoever giving a goby to the martial aspects of the final report took cognizance against the accused-appellant and others on...
Appellate Division (Civil) Md Abdul Wahhab Miah J Syed Mahmud Hossain JMd Imman Ali JHasan Foez Siddique J Mirza Hussain Haider J Bangladesh Krishi Bank and others———–Appellants VsArun Chandra Banik and others————- Respondents Constitution of Bangladesh, 1972 Article 102(1) Except challenging the vires of law or alleging violation of fundamental rights, judicial review of a decision of the authority relating to the terms and conditions of the service under Article 102(1) of the Constitution is not maintainable…………………………… (13) Constitution of...
High Court Division :(Civil Revisional Jurisdiction)Md Moinul IslamChowdhury JAbu Siddique (Md)…………..PetitionerVsDM Habibur Rahman and others…………Opposite-PartiesJudgmentFebruary 5th, 2018Muslim Marriages and Divorce (Registration) Rules, 2009Rule 13 A person cannot be a Nikah Registrar for more than one union parishad but the petitioner has been a Nika Register for two unions which is not permissible under the new law. The settled principle in this regard is that everyone must be abide by the law introduced for any purpose and the petitioner cannot get...
High Court Division :(Criminal Miscellaneous Jurisdiction)Farah Mahbub JMahmudul Hoque JShahidul Islam (Md)……………..Accused-Petitioner (in all the cases) Vs State and another………Opposite-Parties (in all the cases)JudgmentFebruary 5th, 2018Code of Criminal Procedure (V of 1898) Section 561A In an appropriate case, if on the face of the document which are beyond suspicion or doubt, placed by accused and not disputed by the prosecution the accusation against him cannot stand, for, it would be travesty of justice, if the accused is relegated to trial...
