High Court Division (Civil Appellate Jurisdiction) Md Anwarul Haque JAKM Shahidul Huq JSadharan Bima Corporation ……..Plaintiff Appellant vsCeylone Shipping Corporation and others ………. Defendant-Respondents*JudgmentOctober 9th, 2012. Damage No damage is found to have been occurred during the course of carrying of the goods for which defendant No.1 and 2 as a carrier can be held responsible. .. …. (10) Tafilur Rahman with Sk Taimur Reza Hassan with Sufia Ahmed, Advocate-For the Plaintiff -Appellant. ABM Golam Mostafa with Md Ohiullah, Advocate-For...
High Court Division(Criminal Miscellaneous Jurisdiction) Siddiqur Rahman Miah J KM Kamrul Kader J Kazi Khairuzzaman and others …. Petitioners Judgment January 9th, 2013. State … Opposite Party” Code of Criminal Procedure (V of 1898) Section 561A If the allegations in FIR and finding in the charge sheet are taken in their face value and accepted in their entirety, no prima facie charge is made out against the accused petitioners. . ….. (25) Rahela Khatun vs Abul Hassan, 48 DLR (AD)...
High Court Division (Criminal Revisional Jurisdiction)ANM Bashir Ul1ah J Mustafa Zaman Islam JKhandaker Nazrul Islam Khokan ···· …… Accused-PetitionervsMustaba Kuli Khan and another ……………. ………….Opposite PartiesJudgmentJune 23th, 2013Code of Criminal Procedure (V of 1898) Section 561A Penal Code (XLV of 1860) Section 415 Judgment June 23rd, 2013. In order to constitute an offence under section 415 of the Code the deception by the accused is must and such deception must be also from the initial stage of the transaction but...
HIGH COURT DIVISION Special Original Jurisdiction) Quazi Reza-ul Hoque JABM Altaf Hossain JDurjoy Dev ……………………Petitioner vsKhulna University of Engineering & Technology, Khulna and others ………….Respondents JudgmentSeptember 8th, 2013Constitution of Bangladesh, 1972 Article 102(2)(a)(ii) University should have afforded an opportunity to the petitioner to get a copy of inquiry report and should have afforded him with the opportunity to appear before the inquiry committee to defend himself and/or controvert the allegation as raised by the University. University have seriously failed to...
High Court Division (Criminal Appellate Jurisdiction) Moyeenul Islam Chowdhury J Kazi Md Ejarul Haque Akondo JJahangir Hossain Molla ………………Petitioner vs State and another …………… Opposite-Parties*Judgment October 6th, 2013. Code of Criminal Procedure (V of 1898) Section 561A Penal Code (XLV of 1860) Section 109 Whether the petitioner had any ‘mens rea’ or not in the commission of the alleged offence is a question of fact and that can only be gone into during the trial of the case …. (14)...
High Court Division (Special Original Jurisdiction) Sheikh Hassan Arif JMustafa Zaman Islam J ABM Liton ……….…………… Petitioner vs Bangladesh and others …………Respondents* Judgment June, 3rd 2013. Artha Rin Adalat Ain (VIII of 2003) Section 34(9) Since the Bank and the Adalat proceeded against the petitioner before exhausting all the processes against the main borrower, the orders of arrest as well as the refusal of bail should not sustain in the eye of law. . ….. (6) Helal Uddin Mollah, Advocate-For...
High Court Division (Criminal Miscellaneous Jurisdiction) Siddiqur Rahman Miah J KM Kamrul Kader J Judgment January 9th, 2013. Kazi Khairuzzaman and others …. Petitioners· vsState … Opposite PartyCode of Criminal Procedure (V of 1898) Section 561A If the allegations in FIR and finding in the charge sheet are taken in their face value and accepted in their entirety, no prima facie charge is made out against the accused petitioners. . ….. (25) Rahela Khatun vs Abul Hassan, 48 DLR (AD)...
High Court Division(Special Original Jurisdiction) Nazmun Ara Sultana J Sheikh Hasan Arif JAbdul Mukid (Md)………….. ………………….Petitioner vsArtha Rin Adalat, Khulna and another ………….…………. Respondents Artha Rin Adalat Ain (VIII of 2003) Section 5 Since the Adalat in question did not have jurisdiction to entertain or to proceed with the application the whole proceeding before the Adalat were entertained and continued before the Adalat without jurisdiction and, as such, the same are nullity in the eye of law. ……….. (4) Supreme...
Some 972,019 criminal m¬en have remained pending with vatious courts in the county for more than five years, Law Minister Anisul Hue told Parliament on Tuesday. Of them, 253,832 eases are pending with various courts under the district judgeships, and the rest 718,187 cases remained pending with chief metro¬Pell.n magistrate/ ehienn¬dicial magistrate coons, he said replying to a starred tabledquestion of Rersul 5.05 lakh civil cases are now pending with the courts, the Law Minister informed. In reply to anoth¬er...
The appeal hearing beg¬ging acquittal of the sen¬tence for Jamaat-e-Islami leader Mohammad Qua mrumaman contin¬ued on Tuesday for the third day. A bench com¬prised of four member judges of Appellate Division, headed by Justice SK Sinha, is taking the hearing. Quamruzzaman was awarded death sentence by the International Crimes Tribunal (ICT) oo May 9 last year as several charges of committing gruesome crimes against humanity including ‘Oiling, mass Wiling and on during the War of Liberation were proved beyond reasonable...
High Court Division (Special Original Jurisdiction) M Moazzam Husain J Md Badruzzaman JAbdul Matin Sarker … ……….Petitioner vs People’s Republic of Bangladesh and others ………..Respondents”Judgment September 26th, 2013.Constitution of Bangladesh, 1972Article 102 Passport Order (PO-9 of 1973)Articles 6 & 7 The power of the passport authority to renew the old handwritten passport or to issue new handwritten passport or MRP on surrender of the old handwritten passport is not fettered by or conditioned upon police report. Nor mere pendency of...
High Court Division(Civil Revisional Jurisdiction)Bhabani PrashadSingha JIsmail Hossain . ………..Petitioner vs Hanif Mia and others…………… Opposite particsJudgment July 21st, 2013 Transfer of Property Act (IV of 1882) Section 52 During pendency of a case no property can be transferred as per the provision of section 52 of the Act and that reconveyance made during pendency of a pre-emption proceeding cannot take away the right of pre-emption by the co-sharer. (15) Golam Rabbani, Advocate-For the petitioner.Khalilur Rahman, Advocate-For the Opposite Parties....