Friday, July 28, 2017 | ePaper

Departmental proceeding not same as criminal proceeding

(From previous issue) :It is also admitted that treafter the petitioner has filed a departmental apeal. But the said appeal was dismissed by an order dated 23-7-2001. Subsequently the

Employees are governed by Service Rules, not Organogram

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

Enjoyment of easement right not subject of interruption

Appellate Division :(Civil) Md Abdul Wahhab Miah JMd Imman Ali JJudgment April 29th, 2015Shamsul Huq Molla .... Appellant vs Shunil Chandra Biswas     ........ Respondent Easement Act (V of 1882)

What constitutes a legal evidence ?

(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

Decision taken by authority is effective prospectively, not retrospectively

(From previous issue) :10. The learned Advocate further submits that since the respondents gave consent to supplying the gas to the petitioner's Power Plant, their inaction to give gas

Departmental proceeding not same as criminal proceeding

High Court Division :(Special Original Jurisdiction) Md Rezaul Hasan JKashefa Hussain JKhandokar Kamrul Hasna.........................................................Petitioners vsGovernment of the People's Republic of Bangladesh, represented by the Principal Secretary, Prime Minister's Office

What constitutes a legal evidence ?

High Court Division :(Criminal Appellate Jurisdiction) Md Emdadul Huq JAshish Ranjan Das JJudgmentMay 11th, 2016Najim Uddin (Md).......Convict-Accused- Appellant vsState...... RespondentNari-o-Shishu Nirjatan Doman Ain (VIII of 2000) Section 9(1) Only

Decision taken by authority is effective prospectively, not retrospectively

High Court Division :(Special Original Jurisdiction) Gobinda ChandraTagore J Abu Taher Md SaifurRahman J        Judgment July 31st, 2016 Modhumoti Power Ltd .... ....................... Petitionervs Government of Bangladesh, represented

Appointment of Special Judge

(From previous issue) :This is based on a wrong notion. Question of pendency of any proceedings does not arise at this preliminary stage. Because no case can be filed

Statement made by an accused to police during investigation not admissible

Appellate Division :(Criminal) Surendra Kumar Sinha CJSyed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JTofajjal Hussain (Md ......... AppellantState........... RespondentJudgmentJuly 20th, 2016Code of Criminal Procedure (V of 1898)

Meaning of re-import

High Court Division :(Special Original Jurisdiction) Md Miftah UddinChoudhury J ANM Mashir Ullah J     Elaine Apparels Limited ..............Petitioner     vs Commissioner of Customs, Chittagong And others.............. .............. Respondents

Appointment of Special Judge

Appellate Division :(Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Md Bazlur Rahman J Anti-Corruption Commission, Dhaka and others...........Petitioners vsAbdul

Enormous number of suits piled up before 'the Land Survey Tribunal'

Md. Mukhlasur Rahman :Background of the critique: We know that recently a special kind of court, namely "the Land Survey Tribunals" has been constituted by innovation in our country

Company men can only be determined upon taking evidence during trial

High Court Division :(Criminal Miscellaneous Jurisdiction)AKM Asaduzzaman JMd Iqbal Kabir JMozahar Sowdagor (Md) and others.....PetitionersvsState and another..........Opposite-PartiesJudgmentFebruary 3rd, 2016Negotiable Instruments Act (XXVI of 1881) Section 140 In the first part

Arms, ammunition for army supply cannot be possessed by ordinary persons

High Court Division :(Criminal Appellate Jurisdiction) Quamrul Islam Siddique J AKM Zahirul Hoque J Moshiur Rahman Bhuiyan @ Babu  .... Accused-Appellant vsState......... Opposite PartyJudgment March 9th, 2014 Arms Act

Bail in explosive substances case

High Court Division :(Criminal Appellate Jurisdiction) Syed Md Ziaul  Karim J SM Zakir Hossam JShagor Prodhan .................................. Accused-Appellant vsState ..... Respondent*Judgment November 16th, 2016     Explosive Substance Act (VI

Due execution of 'Will'

High Court Division (Civil Appellate Jurisdiction) Quazi Reza-ul Hoque JJN Deb Choudhury JSukumar Nath and another ................................................Appellants vs Rupan Kanti Nath and another.............. .................................RespondentJudgmentJune 13th, 2017 Registration Act (XVI

Before fixing liabilities wrong doers be served with show cause notice

(From previous issue) :19. In the same vain, reliance may be placed to an unreported decision passed in writ petition no 10201 of 2015 dated 25-7-2016 in the case

Death Sentence : An analytical overview

Farhad Uddin Ahmed Bhuiyan, Advocate :Punishment is, in real sense, an ultimate award paid to the criminals considering the range and degree of the crime. Though throughout the world

Alleged use of forged documents

High Court Division :(Criminal Miscellaneous Jurisdiction) Salma MasudChowdhury JFRM Nazmul Ahasan JJudgment March 1st, 2016      Shahid Ullah (Md) .... .....................................Petitioner vs State and another................................Opposite-Parties   Code of Criminal

Lawyers' dress code violates Article 31 of the Constitution of Bangladesh

Barrister Tarikul Islam :The Civil Rules and Orders (CRO) started its journey to regulate the working system of courts in 1918 under the then British colonial rule. Following the

HC has inherent power to exercise

High Court Division (Special Original Jurisdiction) Zinat Ara J KM Kamrul Kader J Redwan Ahmed.............................................Petitioner vs Anti-Corruption Commission others Respondents Constitution of Bangladesh, 1972 Article 102(2) Code of Criminal

Before fixing liabilities wrong doers be served with show cause notice

High Court Division (Special Original Jurisdiction) Zubayer Rahman Chowdhury JMd Mozibur RahmanMiah JMainul Hasan (Md) ... ...................Petitioner vs Commissioner of Customs, Customs House, ICD Dhaka and others...............................Respondents*Judgment  November 20th,

Entitlement of co-sharer in ejmali property

Appellate Division (Civil) Md Abdul Wahhab Miah J Md Imman Ali J AHM Shams uddin Choudhury J     Judgment  June 23rd, 2015 Helaluddin ............ ......... Appellant Nazimuddin and others     .....................

Acknowledgement of liability saves‘barred by limitation’

High Court Division (Special Original Jurisdiction) Md Rezaul Haque J Md Khurshid AlamSarkar JBangladesh Krishi Bank and another ............................ PetitionersvsJoint District Judge, 1st Court and Artha Rin Adalat & others

Ex-parte decree is challengeable by proviso of law

High Court Division :(Civil Appellate Jurisdiction) Md Nuruzzaman  JFarid Ahmed JPubali Bank Ltd ............ ....Appellant vsBangladesh Tea Limited and others                     ......... ......... ... Respondents·JudgmentFebruary 25th, 20n Artha Rin

When a judge can assume jurisdiction for modification of order?

APPELLATE DIVISION :(Civil) Md Abdul Wahhab Miah J Md Imman Ali J Md Nizamul Hoq J MM Ibrahim .......... .............. Petitioner vsMizanul Haque Chowdhury and ors .. ......... Respondents

Law empowers ACC to collect documents from any source

Appellate Division (Civil) Surendra KumarSinha CJSyed MahmudHossain JHasan FoezSiddique JMirza HussainHaider JSonali Jute Mills Limited and another-PetitionersvsAnti-Corruption Commission, represented by its Chairman, Dhaka and  others..........Respondents JudgmentMay 29th, 2016Anti-Corruption Commission Act

Judicial review power of Supreme Court : Heart of our judiciary, guarding our Constitution

Barrister M Qaium :A.V. Dicey in his famous book 'The Law of Constitution' stated that "This system, which makes the Judges the guardians of the Constitution, provides the only adequate

Title and partition suit of undivided jote should go together

(From previous issue)20. Admittedly, Samadullah died leaving behind four sons and 2 daughters. The plaintiffappellants became co-sharers in the disputed jote left behind by Samadullah by purchase. Defendant Nos. l