Principle of double jeopardy
(From previous issue) :39. In respect of these material exhibits no suggestion has been given by the defence that these materials are not belonged to the victim of the case and subsequent death of...
Law and Justice
Arbitration clause of the agreement be tried first
High Court Division :(Civil Appellate Jurisdiction) Syed Md Ziaul Karim JSheikh Md Zakir Hossain JMizanur Rahman (Md) …………………..Plaintiff-Appellant vsManaging Director, and CEO Agrani Bank Ltd …………Defendant No. 1 RespondentJudgmentJanuary 10th, 2018Code of Civil Procedure...
Principle of double jeopardy
(From previous issue) :20. Upon scrutiny of the evidence adduced by the prosecution witnesses along with exhibits as well as material exhibits it has emerged that the learned defence lawyer has cross-examined the witnesses...
Principle of double jeopardy
High Court Division :(Criminal Appellate Jurisdiction)Jahangir Hossain JMd Jahangir Hossain JState………..PetitionervsMd Abul Kashem Kha…………….Condemned-PrisonerJudgmentJanuary 20th, 2016Constitution of Bangladesh, 1972Article 35(2)Code of Criminal Procedure (V of 1898)Section 403No person shall be prosecuted and punished for...
Killing a burglar in self-defence : UK Law
Barrister M. A. Muid Khan :Prologue “…HOMEOWNERS can defend themselves against raiders who break into their house…” (Justice Secretary David Gauke, 6th April 2018, London, UK) In the wake of the recent case where...
Loan once admitted cannot be subsequently denied
(From previous issue)15. He has further argued that the plaintiff and defendants by amicable settlement came to compromise and by dint of that compromise prepared application and Solenama signing by them on behalf of...
The conduct of the Commission raises serious questions
High Court Division(Criminal Miscellaneous Jurisdiction) M Enayetur Rahim J Shahidul Karim J Judgment I November 8th, 2017Salim (Md) …. Petitioner vsState and another…………… Opposite-PartiesCode of Criminal Procedure (V of 1898) Sections 154 and 498...
Loan once admitted cannot be subsequently denied
High Court Division :(Civil Appellate Jurisdiction) Md Nuruzzaman JSH Md Nurul Huda Jaigirdar JRupali Bank Limited Plaintiff-Appellant vs Perfume Chemical Industries Limited, and others……………….. Defendant-RespondentsJugementJuly 30th, 2017Evidence Act (I of 1872) Section 58 Once...
Penal consequences for dishonour of cheque
High Court Division :(Criminal Appellate Jurisdiction) Md Rais Uddin JMohiuddin Chowdhury (Md) ……………… Accused-Appellant vs State and another………………….RespondentsJudgmentFebruary 28th, 2018Negotiable Instruments Act (XXVI of 1881) Sections 138(1) and 141 Certain conditions precedent are stipulated...
Reopening the decree after disposal of the suit is illegal
(From previous issue) :9. Such substituted service cannot be regarded as idle formality. The law intends it as a substitute to actual personal service. Moreover it appears from the record that the ‘Dainik Ajker...
Reopening the decree after disposal of the suit is illegal
Appellate Division :(Civil) Syed Mahmud Hossain CJ Md Imman Ali J Hasan Foez Siddique J Mirza Hussain Haider J Parvin Akter and others ….. PetitionersvsEastern Bank Ltd. and others …………..… … … Respondents· Judgment...
Photocopy of document does not have evidence value
(From previous issue) :4. Meanwhile, on conclusion of investigation the Investigating Officer submitted police report against the accused petitioners being charge sheet No. 97 dated 26-10-2011 under sections 406/420/467/468 and 471 of the Penal...