High Court Division :(Criminal Appellate Jurisdiction) Abu Bakar Siddique JMustafa ZamanIslam JJudgmentMay 10th, 2016State……..Petitioner vs Alam Malitha …… Condemned- PrisonerCode of Criminal Procedure (V of 1898) Section 340 Legal Rememberancer’s Manual, 1960 Chapter XII, 6th Paragraph Though a state defence lawyer was appointed at a belated stage to defend the absconding accused, but the state defence lawyer did not serve the purpose of the case for which such appointment was made. Being so, person concerned must be i.e. accused given...
(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...
Appellate Division :(Criminal) Surendra Kumar Sinha CJ Syed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JMohammad Bazlur Rahman J Durnity Daman Commission…………..…………….Petitioner vsMd Gias Uddin-al-Mamun and another ……… Respondents* OrderFebruary 25th, 2016 Code of Criminal Procedure (V of 1898) Section 340(3) Even if a witness is arrayed in the category of an accused, his evidence may be taken into consideration under section 340(3) of the Code in support of his defence, any accused person before a Criminal Court shall...
High Court Division :(Special Original Jurisdiction) Md Rezaul Haque JMd Khurshid Alam Sarkar JSrijan Paul Chowdhury ……PetititionervsGovernment of the People’s Republic of Bangladesh, represented by it Secretary, Ministry of Land and others. ………RespondentsJudgmentJune 8th, 2016 Constitution of Bangladesh, 1972 Article 102(2) Natural justice includes impartiality and fairness. The authority has changed the gazette notification in the name of correction notification of the “Kha” schedule land into “Ka” schedule land in an arbitrary manner which is beyond jurisdiction and violative to...
Appellate Division :(Criminal)Surendra Kumar Sinha JMd Abdul Wahhab Miah JHasan Foez Siddique JAHM ShamsuddinChowdhury JJudgmentJune 16th, 2014Engineer Abdul Wadud ….. Petitionervs State and another ………..Respondent *Code of Criminal Procedure (V of 1898)Sections 241A and 242Section 242 of the Code empowers a court to frame a formal charge if after consideration of the materials on record it is of the opinion that there is ground for presuming that the accused has committed the offence. An accused person can claim for discharge under...
High Court Division :(Special Original Jurisdiction) Moyeenul Islam Chowdhury J Khandaker Diliruzzaman J Ruhul Amin Khan Lipton (Md) ……….Petitioner vs Rajdhani Unnayan Katripakkhya (RAJUK) Represented by its Chairman, Dhaka and others…………….Respondents. Judgment October 30th, 2019 Constitution of Bangladesh, 1972 Article 102(2) Principle of natural justice-It is an indubitable fact that the principle of “audi alteram parterm” was not adhered to. It is manifestly clear that the petitioner was entitled to a fair hearing before cancellation of the Plot by the...
High Court Division : (Special Original Jurisdiction)Quamrul IslamSiddique JRazik-al-Jalil JBellal Hossain Miah and anothers ………PetitionervsGovernment of Bangladesh and others …..RespondentsJudgment May 5th, 2016Constitution of Bangladesh, 1972 Article 102(2) Dhaka Municipal Corporation Ordinance (XL of 1983) Section 157 Organogram and Service Rules are different things. Organogram means an organizational chart, showing graphically the relation of one official to another or others of an establishment. It is also used to show the relation of one department to another or others, or of one...
(From previous issue) :Thus, Jayanti Rani brought a criminal case of rape with a plea that she would not have given consent to sexual intercourses, had her colleague not promised of marriage. Indian Supreme Court acquitted the accused and held that:“The failure to keep the promise at a future uncertain date due to reasons not very clear on the evidence does not always amount to a misconception of fact of the inception of the act itself. In order to come...
High Court Division :(Criminal Miscellaneous Jurisdiction) Farid Ahmed JAKM Shahidul Huq JMonirul Islam (Md) ……………. PetitionervsState ………..Opposite-PartiesJudgmentNovember 24th, 2016Evidence Act (1 of 1872) Section 114(f) General Clauses Act (X of 1897) Section 27 The implication of illustration (f) of Section 114 of the Evidence Act and the provision of Section 27 of General Clauses Act are that in case of posting of letter, sending notice or summons by registered post to the correct address or to the address of the...
Appellate Division (Civil) Md Abdul Wahhab Miah JMd Imman Ali JAHM Shamsuddin Choudhury JDabiruddin Ahmed Waqf Estate, represented by Mutwalli Daneshuddin Ahmed …………Petitioner vs Hafizuddin and others…………… Respondents*Judgment June 1st, 2015. Waqf Ordinance (1 of 1962) Section 50 The Waqf Administrator shall decide on whether a property is waqf or not. The suit filed by the plaintiff for declaration that it had the right, title and interest in the suit property was not maintainable in law but this provision of...
(From previous issue) :Argument of the contending parties 6. Mr. Moudud Ahmed, the learned’ Advocate for the petitioner appearing with the learned Advocate Mr. Abdullah AI-Mahmud, takes us through the writ petition. the connected materials on record, the relevant provision of Section 17 of the Ain, 1991 and submits that under Section 17 of the Ain, 1991, the loan has to be taken as a director of a bank company and if after obtaining loan as a director of a...
Appellate Division (Civil) Md Muzammel Hossain CJ Surendra Kumar Sinha J Md Abdul Wahhab Miah J Hasan Foez Siddique J Government of Bangladesh and others…….. Petitioners vs Md Gazi Shafiqul and others ………. ….. Respondents Judgment April 24th, 2013 Constitution of Bangladesh, 1972 Article 102(2) When no affidavit-in-opposition was filed before the High Court Division denying or controverting the case of the writ-petitioners, the High Court Division had no option but to accept the case of the writ-petitioners ………..(10)Rajik-al-Jalil, Deputy...