(From previous issue) 8. Mr Karim, lastly submits, that as per requirement of sub-section (2) of Section 179 of Sarama Ain 2006 the respondent No. 4 has to show that they represent 30% of the total employee available with the bank and for that purpose the respondent No.4 adopted the means of forgery showing the certificate alleged to have been issued by the Human Resources Manager of the petitioner bank and the allegation of forgery and its detection being within...
High Court Division(Criminal Miscellaneous Jurisdiction)Md Miftah Uddin Choudhury JSoumendraSarker JShahadat Hossain (Md.)………..……………PetitionervsState and another………….…………..Opposite-PartiesJudgment September 13th, 2012. Money Laundering Protirodh Ain (VIII of 2009)Section 4(2) The law relates to Money Laundering does not provide any provision to make investigation by the police in case of any offence committed under the Act, rather the Anti-Corruption Commission is authorized to make such investigation. . ….. (12) Code of Criminal Procedure (V of 1898) Section 561A Money Laundering Protirodh Ain (VIII of 2009)...
(From previous issue) 13. In Shivagi vs State of Maharashtra, A,IR 1973 SC 2622, K Iyer, J speaking for the Supreme Court observed: “It is trite law, nevertheless fundamental that the prisoner’s attention should be drawn to every inculpatory material so as to enable him to explain it. This is the basic’ fairness of a criminal trial and failures in this area may gravely imperil the validity of the trial itself; if consequential miscarriage of Justice has flowed. However, where...
Appellate Division(Criminal) Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J State………….Appellant VsMd Ibrahim Ali………RespondentJudgment December 3rd, 2013Code of Criminal Procedure (V of 1898) Sections 222(2) and 234(1) Criminal Law Amendent Act (XL of 1958) Section 6(LB) Any number of offences punishable under the Criminal Law Amendment Act irrespective of the period over which the offence was committed, may be tried at one trial. All the offences committed over any length of period of time could be...
High Court Division(Special Original Jurisdiction)Md Ashfaqul Islam JMd Ashraful Kamal JTahajul Islam Bablu…..………..PetitionerJudgmentJune 2nd, 2013Vs Bangladesh and others ……..RespondentsCustoms Act (IV of 1969) Section 18 The petitioner’s goods should be dealt with by the authority in accordance with Act and its relevant provision in particular with reference to First Schedule 2012-2013 as con- templated under Section 18 of the Act (8) Md Nawshad Zamir, Advocate -For the PetitionerNone appears-For the RespondentsJudgment Md Ashfaqul Islam J: At the instance of the...
High Court Division(Special Original Jurisdiction)Md Ashfaqul Islam JMd Ashraful Kamal JSheikh Md Rafiqul Islam (Babul) ….PetitionerVs Judgment November, 20th 2013Manager, Uttara Bank Limited and others……..RespondentsArtha Rin Adalat Ain ( VIII of 2003)Sections 4(7) and 41 Artha Rin Adalat can only be constituted by Joint District Judge alone. If due to illness or for any other reason or the court is in vacation the Adalat cannot function with its regular work the District Judge will appoint temporarily a Joint District Judge...
Appellate Division (Civil) Md Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali JJudgmentFebruary 14th, 2013.Rana Kaiser Siddiq …. ……….PetitionervsBangladesh Chemical Industries Corporation and others. ………. Respondents* Constitution of Bangladesh, 1972 Article 102(2) Writ petitioner submitted tender knowing full well that the authority reserved the right to accept the offer or part thereof or reject the tender and that the decision of the authority was final and that even if the...
High Court Division(Civil Revisional Jurisdiction) Sheikh Abdul Awal J Bimol Rosario ………. ………………… Petitioner vs Barbara Rosario and others……….Opposite Parties.Judgment May 22nd, 2013. Evidence Act (1 of 1872) Section 73 Expert’s opinion is not a conclusive evidence which enables the court to come to a satisfactory conclusion, though the said opinion is not binding upon the Court. The Court itself can compare any signature or LTI of any concerned person under section 73 of the Act and come to a...
(From previous issue) 4. On 30-3-2008 a circular was issued by the Bangladesh Bank for reschedule of outstanding dues for rehabilitation of sick industries. Auction notice dated 5-4-2008 for auction sale to be held on 23-4-2008 under challenge was published in the Daily Azadi (Annexure-D). Under the circumstances the petitioner mainly challenging the order passed by the respondent No.2 the learned District Judge. Chittagong who by his office order No.187/Pro B: dated 18-11-2007 gave jurisdiction to try the cases relating...
High Court Division (Criminal Miscellaneous Jurisdiction) Khondker Musa Khaled J Md Azizul Haque J Shanik Chandra Barmon .……..Accused- PetitionerVs State and another . ………. . Opposite-Parties· Judgment November 2nd, 2010Anti-Corruption Commission Rules, 2007 Rule 13(3) Penal Code (XLV of 1860) Section 408 The petition of complaint containing specific allegation against an employee of the Grameen Bank under Section 408 of the Code should not be thrown away for legal defect giving opportunity to the offender to go scot-free. The Magistrate shall send...
High Court Division (Civil Divisional Jurisdiction) Nozrul Islam Chowdhury J Mohammad Ullah JAR Elahi & Co. & others …………Petitioners vsShahadat Hossain & others ………..………………….Opposite Parties* JudgmentJanuary 23rd, 2013.Code of Civil Procedure (V of 1908) Section 115(4) Petitioner is adopting dilatory tactics one after another to cause delay in executing the decree obtained 17 years back adopting unfair measures since long… …. (3) Abdul Quiyum Chowdhury, Advocate-For the Petitioners. Md Serajul Islam Bhuiyan, Advocate-For the Opposite-Parties.JudgmentNozrul Islam Chowdhury J: Leave was...
(From previous issue) 13. As I have already noticed that the opposite party No.1 as plaintiff filed Title Suit No. 100 of 2009 in the Court of Assistant Judge, 3rd Court, Gazipur for cancellation of the gift deed No.2453 dated 30-6-2004 registered at Tongi Sub-registry office as described in the schedule of the plaint. It is found that the plaintiff-opposite party to prove his case examined 3 witnesses and the plaintiff herself was examined as PW-I, who in her deposition...