Altering sentence ….
(From previous issue) :6. The Sessions Judge submitted the proceedings of the case to the High Court Division under Section 374 of the Code of Criminal Procedure which was registered as Death Reference No....
Law and Justice
When altering sentence is justified
Appellate Division :(Criminal) Md Muzammel Hossain CJSurendra Kumar Sinha JMd Abdul Wahhab Miah JNazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JMd Shamsul Huda JMomtaj Ali @ Babul…Appellant vsState ………………Respondent* JudgmentApril 10th, 2012Code...
Order passed by government officials in due process holds validity
High Court Division’ :(Special Original Jurisdiction) Naima Haider J Zafar Ahmed J Judgment February 2nd, 2014. Shafi-ul-Azam (Md)……..Petitioner vsThe Deputy Commissioner, Dhaka and others … RespondentsState Acquisition & Tenancy Act (28 of 1951)Section 144(7)...
Seniority fixation of posts
(From previous issue) :12. The second point is whether the petitioners are entitled to the service benefits salary, time scale etc. from the date of their joining in the revenue budget or from the...
Reduction of sentence to uphold the ends of justice
Appellate Division (Criminal) :Md Abdul Wahhab Miah JMd Imman AliHasan Foez Siddique JJudgmentJanuary 19th, 2015.Jahirul Haque and another…..……………PetitionersVsState…………..RespondentPenal Code (XLV of 1860) Section 394 Considering the prevailing circumstances, particularly, the petitioners were assaulted mercilessly...
Tribunal can not abuse the process of the court
High Court Division :(Criminal Miscellaneous Jurisdiction)Md Nizamul Huq JMd Jahangir Hossain JJudgmentMay 8th 2014. Abdul Hamid (Ujir) …..Accused PetitionerVsState and others……..Opposite-PartyNari-o-Shishu Nirjatan Daman Ain (VIII of 2000)Section 27 Tribunal without complying with the stipulated...
Seniority fixation of posts
High Court Division :(Special Original Jurisdiction) Tariq-ul-Hakim J Abu Taher Md SaifurRahman JJudgmentJuly 8th, 2013Shahnaz Parveen and ………others Petitioners vsBangladesh, represented by the Secretary, Ministry of Health and Family Welfare Dhaka and others …………....
Owner may sue bank for loss, if suffered because of illegal auction sale
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ruhul Quddus JRex Apparels (Pvt) Ltd. and others …………..……………..Petitioner vs Government of Bangladesh and others ………… RespondentsJudgment January 27th, 2015. Constitution of Bangladesh,...
Provisional one be followed in final assessment
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ashraful Kamal J Amirul Islam (Md) ……….……….Petitioner vs Commissioner of Customs Chittagong and others Respondents* Judgment March 5th, 2014. Customs Duty Assessment (Determination...
Role of trial judges in quest of truth: A path to protect human rights in adversarial criminal justice system
Amit Kumar Dey :Efficiency of Judges to protect human rights: Fundamental rights of citizens which are internationally’ recognized as human rights are enforceable through court. It is the duty of the Judges to ensure...
Reading of Bankruptcy Act should be section specific
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md JahangirHossain JWahiduzzaman (Md) …. ………………..Petitioner vsAdditional District Judge, Bankruptcy Court, Dhaka and others …………….Respondents* Judgment January 19th, 2015Bankruptcy Act (X of 1997) Sections...
Legality of filing supplementary charge-sheet
Appellate Division :(Civil) Nazmun Ara Sultana J Syed Mahmud Hossain JMd Imman Ali JChowdhury Mohidul Haque………..Petitioner vsAnti-Corruption Commission and others…….…………Respondents* Judgment October 21st, 2014. Code of Criminal Procedure (V of 1898) Section 173(3B) Although...