High Court Division :(Civil Revisional Jurisdiction) Md Rezaul Hasan JAzadul Islam and others ………….Defendant- Respondent-Petitioners vs Asis Bewa and others …… Plaintiff-Appellant Opposite Parties Judgment March 7th, 2019 Code of Civil Procedure (V of 1908) Section 11 Decree in a suit for permanent injunction will not operate as res-judicata, in a subsequent suit, so far as the issue of title is concerned. .. …. (15) In a suit for permanent injunction, the issue regarding title need not be and should not...
(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...
(From previous issue) :13. In the case of Khalilur Rahman vs Md Habibullah reported in 57 DLR 603 by relying upon the decision reported in Company Cases Vol. 182 page 46 His Lordship Mr Justice Md Anwarul Haque (as he was then) made the following observation:- “Taking all these views in mind, I am of the opinion that the aforesaid submission ,made by the learned Advocate relating to those words ‘refer to drawer’ is based on a purely literal interpretation...
High Court Division :(Criminal Miscellaneous Jurisdiction) Obaidul Hassan J SM Kuddus Zaman J Mujib-ud-Doula Bhuiyan(Md). Accused-Petitioner vsState and another……Opposite-Parties JudgmentDecember 12th, 2018 Code of Criminal procedure (V of 1898) Section 561A It is well settled that a criminal proceeding can be quashed even at an initial stage if from a reading of the complaint or FIR and police report no criminal offence is disclosed or if the same discloses a civil liability. (8) Code of Criminal Procedure (V of 1898)...
(From previous issue) :5. In course of the said Execution proceedings, the judgment-debtors entered their appearance. As no property had been mortgaged with the decreetal bank, when the loan was sanctioned, the decree holder on 15-5-2011 filed an application under Section 34(1) of ‘Artha Rin Adalat Ain’ 2003 (shortly, ‘the Ain’) praying for issuing warrant of arrest against the judgment-debtors. 6. The learned Judge, Artha Rin Aoalat on considering the application so filed by the decree holder bank issued warrant...
High Court Division :(Special Statutory Jurisdiction) Borhanuddin J Sardar Md Rashed Jahangir J Equity Valuation Research & Distribution Ltd…….Applicant vs Commissioner of Taxes, Taxes Zone-7, Dhaka………..Respondent Judgment April 18th, 2019 Income Tax Ordinance (XXXVI of 1984) Section 160 The only jurisdiction of the High Court Division in a reference application is to answer the questions of law that are placed before him. Question of hardship cannot justify the court in departing from plain provision of the statute …… (16) Osman Gani...
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...
M.M. Rashidul Haque :Internet has become the backbone of all kinds of communication systems and it is also one of the most important sources of knowledge in the present digitalized world. It is a network of networks that consists of millions of private and public, academic, business and government networks of local to global scope that are linked by copper wires, fiber optic cables, wireless connections, and other technologies.Definition of cyber crime : The degree of overlap between organized crime...
High Court Division(Special Original Jurisdiction) M Moazzam Hussain J Md Badruzzaman JJafar Ullah (Md) …….…………PetitionerSecretary, Ministry of Home Affairs and others. …………. RespondentsJudgment June 18th, 2014Public Amusement Act, 1933 Section 2 If the program is for public amusement it needs be held in the “place of public amusement” as defined under Section 2 of the Act and the place needs be notified as such by the Government and no person can open or keep open places of public amusement without,...
High Court Division :(Criminal Miscellaneous Jurisdiction) Zinat Ara J AKM Zahirul Hoque JJudgmentApril 10th, 2016Kamruzzaman Shah………………..vsState represented by the Deputy Commissioner, and one anothers ……….Opposite-ParriesCode of Criminal Procedure (V of 1898) Section 561A Ordinarily criminal proceeding instituted against an accused persons must be tried in accordance with law and the proceeding should not be interfered with at an interlocutory stage in exercise of inherent , jurisdiction under section 561A of the Code save and except an exceptional circumstances. The consensus...
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...
High Court Division :(Civil Appellate Jurisdiction) Sharif Uddin Chaklader JAKM Shahidul Huq JBRAC Bank Ltd………….………………..Appellant vsMultimode Ltd………..…………Respondent* Judgment June 12th, 2013. Principles of Natural Justice The principles of natural justice are those rules which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial or quasi-judicial authority while making an order affecting those rights… … (l9) Kanchan Mala Bepari vs Ananta...