High Court Division (Criminal Miscellaneous Jurisdiction) Md Anwarul Hoque J Md Mozibur Rahman J Shajahan Chowdhury (Md) ……. … Accused-Petitioner vs State and another…….. ………….Opposite-Parties Judgment November 22nd, 2011 Code of Criminal Procedure (V of 1898) Section 164 Penal Code (XLV of 1860) Section 406 read with 420 Since it is a case of business transaction and no initial deception to pay the amount is found the same is to be considered as it case of civil nature which cannot...
High Court Division(Statutory Original Jurisdiction) Md. Rezaul Hasan J KM Minnatullah . ……………….. PetitionervsNebula Fashion Ltd and others …….RespondentsJudgment June 18th, 2013. Bank Company Act (XIV of 1991)Section 27(Ka) Section 27(Ka) of the Bank Companies Act 1991, a director-shareholder of a borrower company cannot transfer his shares, nor can he resign from his office without the consent of the lender bank. .. …. (10) Jashimuddin Ahmed, Advocate with Mahmud Hasan Rana, Advocate – For the petitioner. Fida M Kamal, Advocate...
High Court Division(Criminal Appellate Jurisdiction) Moyeenul Islam Chowdhury JKazi Md Ejarul Haque Akondo JBasiratun Naher …………..…………….Petitioner vs State and other………………………………….Opposite-PartiesJudgment October 6th, 2013. Code of Criminal Procedure (V of 1898) Section 241A The Court is not required to assign any reason at the time of framing any charge against an accused in a case. But the Court is mandated by law to assign reasons at the time of discharging him from the case. . ….. (15) Code of Criminal Procedure...
Barrister Nazir Ahmed :On 25 and 26 February 2009 some indisciplined soldiers of the then Bangladesh Rifles (BDR) killed 74 people including 57 army officials. Army officials include one Major General, two Brigadier Generals, sixteen Colonels, eleven Lieutenant Colonels, twenty three Majors and two Captains. A few civilians on the street were also killed from stray bullets. Such mass killings of senior army officers are unprecedented in the world history even during a war. The reference to the Supreme Court...
High Court Division (Special Original Jurisdiction) Quazi Reza-ul-Hoque J ABM Altaf Hossain JNazirul Islam (Md) …………….PetitionerGovernment of …………..Bangladesh ……… Respondents* JudgmentJuly 11th , 2013Constitution of Bangladesh, 1972 Article 27 and 102(2)“Paripatra” seeks to serve a purpose which would help in achieving benefit of the government teacher training college and must be treated as a positive discrimination. We are unable to appreciate as to what is the purpose sought to be achieved by the “Pariptra” to changed the terms of the...
High Court Division(Criminal Appellate Jurisdiction) Syed Md Ziaul Karim J Ashish Ranjan Das JUmme Kulsum @ Zinat Ara . ………… Informant-Appellant vsShahidul Islam & others … Respondent* Judgment May 15th, 2013.Nari-o-Shishu Nirjatan Daman Ain (VIII of 2000) Section 11(kha) The allegation of torture does not mean causing hurt. The vague and unspecific allegation of torture made in the First Information Report does not attract an offence. . ….. (9) MA Mannan Mohan, DAG with Md Osman Gani Sheikh, AAG-For the...
Appellate Division(Criminal) Md Muzammel Hossain CJ SK Sinha JMA Wahhab Miah JNazmun Ara Sultana JMd Imman Ali JState … Appellant VsKazi Mahbubuddin Ahmed . ….. Respondent* Judgment November 14th, 2012.Code of Criminal Procedure (V of 1898) Section 157 The factor of time mentioned in section 157 is very important to serve as a safeguard against fabrication of false evidence. The statement made at or about the time when the occurrence took place may be proved and used to corroborate the...
APPELLATE DIVISION (Civil) Md Muzammel Hossain CJ Surendra Kumar Sinha JMA Wahhab Miah JSyed Mahmud Hossain JSiddiqur Rahman Miah JAHM ShamsuddinChoudhury JJudgment May 7th, 2013.Taposh Malaker … ……….Petitioner vs Government of Bangladesh , Represented by the Secretary, Ministry of (LGRD) and others……………Respondents. Local Government (Pourashava) Act (LVIII of 2009) Section 19(2)(Jha) In order to be a valid candidate for the Pourashava election, the petitioner must not be a defaulter on the date of submission of the nomination paper. The petitioner...
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...
High Court Division (Special Original Jurisdiction) Nozrul Islam Chowdhury J . Mohammad Ullah J City Bank Ltd Petitioner vsLabour Appellate Tribunal and others ………..RespondentsJudgment July 7th, 2012. Constitution of Bangladesh, 1972Article 102(2) Unless the question of forgery is decided properly, the question of registration of the Union is not possible, effectually and completely.Palli Daridra Bemochan Foundation vs Palli Daridra Foundation Karmachari Union (proposed), 57 DLR (AD) 155 ref. Ahsanul, Karim with Khairul Alam Chowdhury & Aminul Hoque, Advocates-For the Petitioner....
(From previous issue) 16. If the statement was not made before the police officer at once or at least shortly after the event when a reasonable opportunity for making it presents itself, there is every possibility of fabrication of extraneous facts. The object of introducing this provision is that, the statement shall be made at a time, when the mind of the witness is still so connected with the events as to make it probable that his description of them...
Appellate Division(Criminal)SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Habibur Rahman @Habu and others…. AppellantsVsState ……..………..Respondent Judgment January 9th, 2013.January 9th, 2013.Code of Criminal Procedure (V of 1898) Section 342 Trial court has not at all followed the provision of law and convicted the appellants without application of its judicial mind. It is an irregularity on the part of the trial court, at the same time it cannot be...