High Court Division :(Special Original Jurisdiction) Tariq ul Hakim J Md Faruque (M Faruque) JJudgment August 23rd, 2016 Akram Hossain…………….Petitioner in all the Writ Petitioner VsBangladesh Rural Electrification Board, represented by its Chairman and others … …………. RespondentsBank Guarantee The demand for encashment of Bank Guarantees cannot be injuncted by a Court unless there is clear evidence of fraud and the Bank has notice of it. ……(15) Continental Construction Ltd. vs Sailuj jal Vidhut Nigam Ltd. a decision of the...
Appellate Division (Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Abdur Rahim Molla …………………. Appellant (In CA Nos. 325 & 330 of 2009)vsProsenjit Kumar Shaha and others ………Respondents(In all the appeals) Judgment November 22nd, 2016 Transfer of Property Act (IV of 1882)Section 123‘Youtuka’ is a kind of gift and such gift if made at the time of marriage of daughter is valid in respect of immovable property and no registration is...
High Court Division :(Civil Appellate Jurisdiction) Mamnoon Rahman J Md Abu Zafor Siddique J Sonali Bank ………….…………………..Appellant vs Md Lutfor Rahman and others …………….………. RespondentsJudgment February 9th, 2012 Artha Rin Adalat Ain (VIII of 2003) Section 50 Imposition of interest cannot be reduced or waived by the Court of law in any manner. The Court is to accept the rate of interest and other issues fixed by the financial institution. …… (6) Artha Rin Adalat Ain (VIII of 2003) Section...
High Court Division :(Criminal Revisional Jurisdiction) Bhabani PrasadSingha J SM Mozibur Rahman J Ziauddin Ahmed ….. …. Accused -PetitionervsState………………………………..Opposite-PartyJudgment September 10th, 2015. Code of Criminal Procedure (V of 1898) Section 561 A Anti-Corruption Act (XXVI of 1957) Section 3 Investigation by an ASI does not per se become without jurisdiction and a proceeding cannot be quashed mainly because there is irregularity, if any, in the investigation. ….(10) Md Abul Hossain vs State, 19 BLD (AD) 97 = 4 BLC (AD) 122...
High Court Division(Special Original Jurisdiction) Md Rezaul Hasan J Kashefa Hussain J Judgment July 27th, 2016 Akhtaruzzaman (Md) ………….. PetitionervsAdministrator of Waqf, Waqf Administration of Bangladesh and others …. Respondents* Waqf Ordinance (1 of 1962)Sections 27(g) and 43 The ultimate objective of the estate being for the beneficiaries of the waqf nothing can be done which can cause any sort of detriment or can otherwise cause impediment to the smooth running of the administration of any waqf estate for the...
High Court Division(Criminal Revisional Jurisdiction)Syed Md Ziaul Karim JAshish Ranjan Das JHanif………….Accused-PetitionervsState ……….Opposite-PartyJudgmentJune 15th, 2014Code of Criminal Procedure (V of 1898)Section 339C(4)In view of repeal of sub-section (4) of Section 339C of the Code followed by re-enactment of the said sub-section the new procedural law will be applicable in the pending cases, although instituted when the old provision was in force and the pending cases are to be governed by the new procedure under the amended law. Sub-section (4) of...
Appellate Division (Civil) :Nazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JABM Nasrul Aziz…………PetitionervsCrescent Jute Mills Company Limited, represented by its General Manager and others… RespondentsJudgmentSeptember 15th, 2014Constitution of Bangladesh, 1972Article 102(2)The petitioner receive benefits and salary up to the age of 60 years as a teacher not as an employee of BJMC and, therefore, there will not be any deduction in respect of salary received as a teacher up to the age of 60 years. …….(9)ABM Bayezid, Advocate,...
High Court Division :(Criminal Miscellaneous Jurisdiction) Borhanuddin JMd Ashraful Kamal JRoma Morshed………Accused-PetitionervsState and another…………Opposite PartiesCode of Criminal Procedure (V of 1898)Section 561A Negotiable Instruments Act (XXVI of 1881) Section 138(lA) Service of notice is a question of fact which can be determined by the trial court upon taking evidence. Quashment of proceedings at the stage when trial already began and prosecution witnesses are being examined, is not permissible. On perusal of the order sheet of the court below as appended...
(From previous issue) :On perusal of the cross examination of the PW 1 it appears that the shipping agent was appointed by the bank and in his cross examination PW I failed to assert the steps taken by the shipping agent appointed by them in due course. It further appears from the cross examination that apart from Taka.20,000 deposited earlier, the bank received Taka. 1,20,000 further amount from the auction proceed. While adjudicating the suit the Court held as follows;“????...
Auction land must be shown in schedule of execution case :High Court Division (Civil Revisional Jurisdiction) Md Abdul Hafiz J SM Mozibur Rahman JAminul Islam (Md) ……..Judgment-Debtor-PetitionervsBangladesh House Building Finance Corporation, Dhaka ……….. Decree-Holder- Opposite PartyJudgmentMay 12th, 2015Code of Civil Procedure (V of 1908) Section 115(1) The executing Court cannot pass any order for auction sale of any land not shown in the schedule of the execution case. We have perused the order in question dated 3-6-2013 and found that...
High Court Division :(Civil Appellate Jurisdiction) Mamnoon Rahman J Md Abu Zafor Siddique J Judgment February 14th, 2012 Sonali Bank….AppellantvsHabib Medical Store and another …………………………. Respondents* Artha Rin Adalat Ain (IV of 1990)Section 4 There is no bar upon the Court below in dealing with the matter relating to interest in any manner which however in the present Act is a mandatory one. The Court of law enjoys ample authority under the previous law to impose interest but at the...
(From previous issue) :Thus, proceedings in Criminal Court should be stayed or adjourned where identical issues based on same facts as in criminal cases are involved in suits pending in Civil Court (Vasu Vydier vs State of Kerala, 1975 CrLJ 494, 497 (Ker). If the object of the criminal proceedings, instituted while a civil suit in respect of the same matter is pending, is in reality to prejudice the trial of the civil suit by a preliminary enquiry into the...