High Court Division (Special Original Jurisdiction) Moyeenul Islam Chowdhury JMd Ashraful Kamal J Habib Ahmed Shukur Morshed ……Petitioner vs Waqf Administrator Bangladesh and others …………RespondentsJudgment September 17th, 2014 “Waqf Ordinance (1 of 1962) Section 51 On a plain reading of the section it is crystal clear that whenever any change needed in the management of an waqf property due to the death, retirement or removal of the mutawalli, the prospective mutawalli who is eligible or who considers himself to be...
High Court Division :Special Original Jurisdiction) Quazi Reza-ul Hoque JMohammad Ullah J Rabiul Husain and 2 (two) others……..PetitionersvsGovernment of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Works and Housing (Housing Department), Bangladesh and 3 others ……. Respondents Judgment March 23rd, 2017 Constitution or Bangladesh, 1972 Article 102(2) The prime duty of the Government to rehabilitate the displaced/evicted persons first and then to allot plots to new incumbents to the residential area that bas been acquired by...
High Court Division :(Civil Revisional Jurisdiction) Md Rais Uddin J Abdul Aziz ……… Petitioner VsMd Jalal Uddin……… Opposite-Party Judgment October 8th, 2018 Specific Performance of Contract In the suit for Specific Performance of Contract the plaintiff is required to prove the existence of lawful contract and due execution of agreement and payment of consideration …………… (19) Md Fazlul Haque vs BM Rahman @ Mahbubur Rahman, 1 MLR (AD) 418 ref. Alauddin, Advocate-For the Petitioner. Mirazul Hossain Khan, Advocate-For the Opposite-Party....
Farjana Afruj Khan Alin :The current legal system in Bangladesh is a sophisticated technology compared to the institution that foreigners trade. The usual role of the judiciary in litigation and dispute resolution (civil jurisdiction) and the accused and in the criminal process (criminal justice) has evolved over the years. The basic elements of modern civil and criminal justice systems have been operating in most continental countries for more than a century.Justice plays an important role in achieving sustainable development goals....
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...
High Court Division :(Criminal Miscellaneous Jurisdiction) AKM Abdul Hakim J SM Mozibur Rahman J Abdul Karim ………Petitioner VSState……………Opposite-Party Judgment March 13th, 2017 Nari-o-Shishu Nirjatan Doman Ain (VIII of 2000) Sections 11(Ga) and 27(1) (Kha)(Kha) The Tribunal can take cognizance of any offence in the interest of Justice even if no such recommendationis made after inquiry for Proceeding with a case. ……(10) HMA Alam, Advocate-For the Petitioner.Md Akramul Haque Baki, Advocate-For the Added- Opposite-Party No.2. Md Harun-ar-Rashid DAG with Shah Abdul Hatem...
High Court Division :(Special Statutory Jurisdiction) Borhanuddin J Sardar Md Rashed Jahangir JSaiful Alam (Md)…………………………… Appellant vs Customs, Excise and VAT Appellate Tribunal,Dhaka, and others………………………RespondentsJudgment November 14th, 2018Customs Act (IV of 1969)Section 25AThe importer under the PSI scheme has no obligation to prove authenticity of the actual transaction value when PSI agency certified the price under section 25A of the Act. The authority should be refrained from assessing the PSI certified goods on pick and choose basis at the whims...
High Court Division :(Criminal Miscellaneous Jurisdiction) ANM Bashir Ullah J } . Mohammad Ullah J } Abdullah (Md) Accused-Petitioner VSState …………Opposite Party JudgmentMarch 11th, 2018 Code of Criminal Procedure (V of 1898) Section 561A On the date of issuance of the Rule 6 witnesses were examined and the case was fixed for the examination of the accused under Section 342 of the Code for twice but each and every time the accused could not be examined for the c1every step of the...
High Court Division :(Civil Revisional Jurisdiction) Md Rais Uddin JAbdul Aziz………….PetitionervsMd Jalal Uddin………Opposite-Party JudgmentOctober 8th, 2018 Specific Performance of Contract In the suit for Spacific Performance of Contract the plaintiff is required to prove the existence of lawful contract and due execution of agreement and payment of consideration. …… (19) Md Fazlul Haque vs BM Rahman @ Mahbubur Rahman, l MLR (AD) 418 ref. Alauddin, Advocate-For the Petitioner.Mirazul Hossain Khan, Advocate-For the Opposite-Party. Judgment This Rule was issued calling upon...
High Court Division :(Criminal Miscellaneous Jurisdiction) ANM Bashir Ullah J Mohammad Ullah J Showkot Osman Khondakar (Md)……….PetitionervsMd Amzad Hossain and 6 (six) others……….Opposite-Parties JudgmentFebruary 20th, 2018 Code of Criminal Procedure (V of 1898) Section 494The Court is required to exercise its function judiciously to accord withdrawal of any accused from the prosecution. The consent should not be given mechanically for the purpose of withdrawal of a criminal case particularly a murder case like present one. …. (14) Code of Criminal...
Appellate Division (Civil) :Syed Mahmud Hossain J } Hasan Foez Siddique J } Mirza Hussain Haider J } Secretary, Ministry of Housing and Public Works,Government of Bangladesh Dhaka and others…………… Appellants VSHanif Brothers and another………Respondents Judgment May 17th, 2017 Constitution of Bangladesh, 1972 Article 102(2) Neither in the Court of Settlement nor in the High Court Division the writ petitioner stated that earlier he filed settlement case which was dismissed on merit. He was totally silent about his earlier case and...
High Court Division :(Criminal Appellate Jurisdiction) Sheikh Abdul Awal JBhishmadevChakrabortty J Alamgir Matubbar (Md). ………..Accused-AppellantvsState ………..Respondent JudgmentJuy 18th, 2018 Code of Criminal Procedure (V of 1898) Sections 173 and 561A The investigating officer having found no evidence oral or documentary whatsoever in support of the alleged beating of demanding dowry. It is found that the tribunal without assigning any reason whatsoever giving a goby to the martial aspects of the final report took cognizance against the accused-appellant and others on...