(From previous issue) :47. It is not at all wise in all cases to find an accused guilty if he remains absconding. Absconding by itself is the conclusive proof of guilt of the accused but it lends weight to the circumstantial evidence against him. 48. In the present case we find three other persons as accused who are close relatives to the convict-accused. One is his wife, then his full brother and third one is his father. All of them...
High Court Division :(Criminal Miscellaneous Jurisdiction) Md Emdadul Huq J Md Shohrowardi J Nasir Mia (Md) . …….. Convict-Petitioner vsState…..Opposite-PartyJudgmentMay 29th, 2018 State ….. Opposite-Party’ Code of Criminal Procedure (V of 1898)Section 561 A This Court in an appropriate case is legally authorized to review or modify the sentence passed by the trial Court to secure ends of justice. ……….(28) Arms Act- (XI) f 1878)Sections 19A and 19(f) There are is no previous record of commission of any offence by...
Appellate Division (Civil) Md Muzammel Hossain CJSurendra Kumar Sinha JMd Abdul Wahhab Miah J Nazmun Ara Sultana JSyed Mahmud Hossain J Muhammad Imman Ali JKartic Das Gupta …………….Petitioner vs Election Commission of Bangladesh and others …….Respondents .JudgmentApril 3rd, 2011 Constitution of Bangladesh, 1972 Article 102(2) Writ-petition in question could not be termed as a public interest litigation. The first and primary duty of the writ Bench is to see whether writ petition itself is maintainable in law or whether the...
Appellate Division (Civil)Md Muzammel Hossain CJSurendra Kumar Sinha JMd Abdul Wahhab Miah JNazmun Ara Sultana JSyed Mahmud Hossain JMd Shamsul Huda JGovernment of Bangladesh, represented by the Secretary, Ministry of Education and others. Judgment August 6th, 2012.Vs.Md Abul Kalam Azad and others ….. Respondents Constitution of Bangladesh, 1972 Articles 103(3) and 140(2) Judgment of the High Court Division is modified and the writ petitioners claim for absorption in the revenue set up will be considered by the petitioners in the...
(From previous issue) (a) for the purpose of investigating an offence under Sections 403, 406, 408 and 409 and Sections 421 to 424 (both inclusive) and Sections 465 to 477 A (both inclusive) of the Penal Code with the prior permission in writing of a Sessions Judge; and (b) in other cases, with the .prior permission in writing of the High Court Division. (2) Any person required under this section merely to produce a document or other thing shall be deemed...
High Court Division :(Civil Appellate Jurisdiction) Md Emdadul Hug J FRM Nazmul Ahasan J Bata Shoe Company (Bangladesh) Ltd …… …………….. Appellant vsHassan Movies Ltd ………… …………. RespondentJudgment November 1st, 2017 Premises Rent Control Act (III of 1991)Section 18(4) The plea of the landlord about the purported own use or development work cannot allowed to continue for indefinite period. Subsection (4) confers a right on the evicted tenant to seek his re-instatement within a specified time. Although this provision is...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ruhul Quddus JRex Apparels (Pvt) Ltd. and others …………..……………..Petitioner vs Government of Bangladesh and others ………… RespondentsJudgment January 27th, 2015. Constitution of Bangladesh, 1972 Article 102(2) If an auction sale has been held to be illegal or irregular, the same cannot be challenged under Article 102 of the Constitution. However the owner may sue the bank concerned for any loss, if suffered because of such illegal or irregular auction...
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...
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...
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...
(From previous issue)17. With a view to appreciate the submission made by the learned Advocates from both sides, we have to consider the plaint of the instant suit and the principles of law as laid down in the Civil Procedure Code and the Companies Act. According to the provision of section 9 of the Civil Procedure Code gives Jurisdiction to the Civil Court to try all civil disputes unless they are expressly or impliedly barred. Expressly barred means barred by...
Appellate Division (Civil) :Md Abdul Wahhab Miah J Nazmun Ara Sultana JMd Imman Ali JMd Nizamul Huq JOriental Bank Ltd (formerly Al-Baraka Bank Limited)…..…………………………..Petitioner vsExport Import Bank of Bangladesh Ltd and others ……………….Respondents Judgment December 1st, 2016 FraudAny allegation of fraud has to be proved strictly by adducing evidence… (10) Zyta Garments Ltd vs Union Bank Ltd., 55 DLR (AD) 56 ref.M Fida M Kamal, Senior Advocate, instructed by Md Zahirul Islam, Advocate-on-Record-For the PetitionerM Anwarul Azim Khair, Advocate, Instructed...