(From previous issue) :BUET:Total capacity of the gas line, as claimed by TITAS gas, as 1,570,000 cft/hr is correct if Titas Dhanua station gas pressure is 140 psi and atmosphere pressure supply to TMBD site. However, if 45 psi. pressure is to be maintained at TMBD site, gas line capacity will be reduced to 1,440,000 cft/hr. It is clear that gas consumption figures as mentioned in the drawing are feasible. If the supply is less than 140 psi, gas supply...
Appellate Division :(Criminal) Md Abdul Wahhab Miah JSyed Mahmud Hossain JMd Imman Ali JHasan Foez Siddique JMirza Hussain Halder JKmmal alias Exol Kamal………AppellantvsState…………RespondentJudgment October 10th, 2017Code of Criminal Procedure (V of 1898)Section 376 The appellant is a threat to law and order and a menace to society. He would do away with anyone, who stands for upholding law and order. In view of the way the victim was murdered, we do not find that the sentence of death is at...
High Court Division :(Special Original Jurisdiction) Naima Haider JATM Saifur Rahman JJudgment October 31st, 2017TM Textiles and Garments Ltd…. PetitionervsBangladesh, represented by the Secretary Ministry of Power, Energy and Mineral Resources, Bangladesh Dhaka and others. ……….RespondentsConstitution of Bangladesh, 1972 Article 102(2) Arbitration claim-The dispute is not a “contractual dispute”; the dispute, it seems, relates to the propriety of the decision to provide gas connection to others through the petitioner’s dedicated line. That being the position, this Division can interfere and...
Appellate Division :(Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Md Bazlur Rahman J Khosrur Rashid (Md) and others ……… …………. Petitioners vsEngineer Delwar Bakhat and others ….. ……… RespondentsJudgment August 7th, 2016 Partnership Act (IX of 1932)Section 45Partnership Act (IX of 1932) Section 45 If there is any claim of the defendants from the plaintiffs, they can do so by filing a suit under Section 45 of the Act, which...
Dr. M Abul Kashem Mozumder and Dr. Md. Shairul Mashreque :A number of studies have appeared on the topic like gram adalat((Masahreque 1995, 2002, Mashreque and Amin 1995, and Sultan 1978, Karim and Rahman 2008, Preeti Sikdar 2016 Ven Beurden and Arens 1977). We may have much to have an objtctivre understanding about the adjudication process at the micro level. Gram adalat was a functional entity in traditional villages that are not exposed to the process of modernization . It...
High Court Division :Criminal Miscellaneous Jurisdiction) Md Emdadul Huq J FRM Nazmul Ahasan JShariful Haque (Md) …………………….Petitioner vsState represented by the Deputy Commissioner, Dhaka & another……………. Opposite Parties* Judgment December 14th, 2017 Negotiable Instruments Act (XXVI of 1881) Section 140 The trial Court should amend the charge by incorporating a reference to 140 of the Act, with further statement that the accused issued the cheque as an office bearer of the Company and that he is liable to be prosecuted....
Appellate Division :(Civil) Surendra Kumar Sinha CJSyed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JNimal Chandra Biswas ………….PetitionerVsSonali Bank, Dhaka and another ………..RespondentsJudgmentMarch 20th, 2016Artha Rin Adalat Ain (VIII of 2003) Sections 40 and 44Ka In case of pledge loan, firstly, the borrower has to furnish a certain amount as agreed between lender bank and the borrower as margin, which in this case was 30% of the loan amount; secondly, in case of pledge loan facility, pledge goods remain...
(From previous issue) :After assessing the evidence, the High Court Division came to a finding that “the defendants had/have been in exclusive possession of the Ghar which is situated in another Bhiti and the plaintiffs were never in possession thereto.” This finding in no way indicates the exclusive possession of the defendants in the 2.11 acres of the property gifted by Saijuddin. Hence the finding of exclusive possession of the defendants in the suit property is not sustainable. 13. Now...
High Court Division :(Criminal Miscellaneous Jurisdiction)Farah Mahbub J Mahmudul Hoque J Khaza Tareq ……..……… Accused-Petitioner (On Surrender) vsState ….. Opposite Parties· Order August 22nd, 2017 Supreme Court of Bangladesh (High Court Division) Rules, 1973 Chapter IVA rule 6(6) The validity period of application for hearing of the same has already been expired. Application is rejected summarily. . ….. (3 & 4) AKM Alamgir Parvez Bhuiyan, Advocate-For the Opposite-Party No.2. AKM Zahirul Huq, DAG with M Masud Atam Chowdhury, AAG and...
Appellate Division :(Civil) Nazmun Ara Sultana J Md Imman Ali J Md Nizamul Huq J Altab Hossain Sikder and others ………. ………..Appellants vs Abdul Malek Sikder and others…………….…….. … RespondentsJudgmentAugust 30th, 2016Registration Act (XVI of 1908) Section 28(2)(b) Any third party who had no notice of the transaction is not precluded from challenging the validity of a deed to which he is not party and which was fraudulently registered. …..(21) In the instant case the plaintiffs are not party to...
(From previous issue) :The Proceeds of Crime Act 2002, is essentially akin to the Money Laundering Protirodh Ain of Bangladesh, as it creates the offence of money laundering and also laid down provisions of recovering/confiscation of proceeds of a crime, making it very much parallel to the Money Laundering Protirodh Ain of Bangladesh. 6. The Respondent No. I Anti-Corruption Commission of Bangladesh started inquiry into the matter vide `y`K/wetAbyt I Z`šÍ-1/gvwbjÛvwis/61-2013/31836 and then, they also opened another enquiry through their...
High Court Division :(Special Original Jurisdiction) M Enayetur Rahim JAmir Hossain J Robin Chowdhury @ Misba Uddin …. Petitionervs Anti-Corruption Commission and others……………………… Respondents Judgment July 21st, 2016Constitution of Bangladesh, 1972 Article 35(2) The doctrine reflected in Article 35(2) does not extend to any offender prosecuted and convicted in a country of distinct sovereignty, under its own statute. .. …. (28)Constitution of Bangladesh, 1972 Article 35(2) Admittedly, the accused was prosecuted, tried and convicted in UK under its own law...