Appellate Division :(Criminal) Md Abdul Wahhab Miah J Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Alauddin (Md) …Appellant vs State, represented by the Deputy Commissioner, Chittagong and others….RespondentJudgment October 24th, 2017 Negotiable Instruments Act (XXVI of 1881) Section 138 Any alteration without the consent of the party who issued the cheque rendered the same invalid. However, question of issuance of blank cheque and fraudulent insertion of larger amount than actual liabilities is a question of...
High Court Division :(Special Original Jurisdiction)Mohammad Ullah J Gobinda Chandra Tagore JJudgmentApril 30th, 2019Nirmal Chandra Nath………PetitionervsGovernment of People’s Republic of Bangladesh represented by the Secretary, Ministry of Religious Affairs, Bangladesh Dhaka and 14 (fourteen) others. ……..Respondents Constitution of Bangladesh,1972 Article 102(2) The control and management of the Mandir /Temple/Biggrah i.e. the place of worship shall be retained with the descendant of the founder. The properties dedicated to the purpose of management of the Mandir also belongs to the deity/deities. If...
Taimur Alam Khandaker :Back ground: That Bangladesh is a thickly populated land where near about 20 crore people are inhabitant...
High Court Division :(Special Original Jurisdiction) Gobinda Chandra Tagore J Mohammad Ullah J Mujibar Rahman (Md) and 2 (two) others …..Petitionersvs Bangladesh represented by the Secretary, Ministry of Labour, Bangladesh and 3(three) others………….RespondentsJudgment March 11th, 2019 Bangladesh Labour Act (XLII of 2006) Section 179 (1) (c) Wherein Section 179(1)(c) speaks about the manner in which a worker may become a member of the trade union, specifying therein that no worker shall be enrolled as its member unless he applies in...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J } KM Kamrul Kader J } SA Oil Refinery Ltd……Petitioner vsBangladesh Bank and others…..Respondents Judgment April 12th, 2018Bank Companies Act (XIV of 1991) Sections 45(l)(Ga)(Gha) and 49(Kha) Under Bank Companies Act, 1991 Bangladesh Bank (BB) holds a sublime position as a strong regulatory body and can interfere with the functioning and business of banking companies in a given situation………………………. (11) Professor Muhammad Yunus vs Bangladesh, 63 DLR 260; Mr ASF...
Liability of Possessing Contraband Drugs: Prosecution must prove exclusive attachment of the accused
High Court Division :(Criminal Miscellaneous Jurisdiction)Sheikh Abdul Awal J Bhishmadev Chakrabortty J Atiqullah Bahar (Md) alias Sohel………………Accused-Petitioner VsState……………Opposite-PartyJudgment April 16th, 2019 Code of Criminal Procedure (V of 1898) Section 498 The proposition of law is by now well settled that to substantiate with the liability of possessing contraband drugs or articles the prosecution must prove the exclusive possession of the accused over the contraband drugs or articles or goods in question and in this case there being nothing on record...
High Court Division :(Criminal Miscellaneous Jurisdiction) Md Moinul Islam Chowdhury J Khizir Hayat J Nure Alam Siddique (Tulu) …………..Accused-Petitioner vsState and another …….. Opposite-Parties'”Judgment April 2nd, 2019 Code of Criminal Procedure (V of 1898) Section 561A The legislature intended to realize the borrowed money from a defaulter primarily by exhausting the Artha Rin Adalat through selling the property on auction ‘under the mortgage deed and thereafter for the remaining amount of the borrowed money thereafter, a schedule bank would be...
High Court Division : (Special Original Jurisdiction)Syed Muhammad Dastagir Husain JMd Iqbal Kabir JAriful Islam …………PetitionsvsDhaka South City Corporation and another…….Respondents Judgment July 31st, 2018 Bangladesh Labour Act (XLII of 2006) Section 2(41) The lawyer chamber does not come under of commercial establishment. ……… the lawyer’s are the officers of the court and for the proper administration of the justice they are rendering service to the public according to their sincerity, integrity and reliability. They even cannot advertise and cant be any...
High Court Division :(Criminal Revisional Jurisdiction) Md Nazrul IslamTalukder JKM Hafizul Alam J Durnity Daman Commission … Petitioner vs Md Siddiqur Rahman and others……… Opposite Parties Judgment January 23rd, 2019 Criminal Law Amendment Act (XL of 1958) Section 4(2) Sub-Section (2) of Section 4 of the Act, which contemplates that the Senior Special Judge shall have exclusive jurisdiction to take cognizance of all offences triable under the Act committed or deemed to have been committed within that area. The law has...
Appellate Division : (Civil)Md Abdul Wahhab Miah Md Imman Ali JAHM Shamsuddin Choudhury JAwlas Hossain Babor……..Petitioner vsZiaul Hasan Chowdhury and others….RespondentsJudgment June 15th, 2015 Non Agricultural Tenancy Act (XXIII of 1949) Section 24 Whether because of the Pourashava road, the land stands partitioned by the act of a statutory body, and thus the pre-emptor is not a co-sharer…………(7) Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md Zahangir, Advocate-on-Record-For the Petitioner. Kamal-ul-Alam, Senior Advocate, instructed by Zainul Abedin Advocate-on-Record-For the Respondents No.1...
Appellate Division (Civil) :Md Abdul Wahhab Miah Nazmun Ara Sultana J Md Imman Ali J Md Nizamul Huq J J Ruhul Amin (Md)and others .. AppellantMd Forkan Ullah and another ……… RespondentsJudgment November 29th, 2016State Acquisition & Tenancy Act (:XXVIII of 1951) Section 96(3) When admittedly the pre-emptors did not deposit the value of the exchange deed which they claim to be the sale deed and the statutory compensation thereon, the pre-emption application was not at all maintainable and the...
Appellate Division : (Criminal) Syed Mahmud Hossain CJ Md Imman Ali J Hasan Foez Siddique J Mirza Hussain Haider J Abdur Rab Munshi……Petitioner vs State…….Respondent. Judgment October 7th, 2018 Code of Criminal Procedure (V of 1898) Section 35A Any period that the convict suffered in custody during the course of the trial shall be deducted from the period of his sentence……………………………. (16) SM Atikur Rahman, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the PetitionerNone Represented-For the Respondent.JudgmentMd Imman Ali J: The...