Tuesday, January 23, 2018 | ePaper

In amicable act no single party can be stamped out

(From previous issue) :17. The remaining witnesses were Nasima's sister PW 2, another relation PW 3 and no such local Union Parishad Chairman, Member or leading villager was

Genuineness of official order should be established first

High Court Division :(Special Original Jurisdiction) Zinat Ara J KM Kamrul Kader J     Nurul Islam (Md) ..............Petitioner vs Anti-Corruption Commission represented by its Chairman Dhaka and others   

Only the 'drawer' is liable

High Court Division (Criminal Revisional Jurisdiction) Farah Mahbub J Mahmudul Hoque JShahidul Alam @ S Alam and another. ..........Complainant-PetitionersvsDr Jahid Hossain Prodhan and another...............Opposite-PartiesJudgmentAugust 17th, 2017Negotiable Instruments Act (XXVI

In amicable act no single party can be stamped out

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)

Limitation of High Court Jurisdiction

(From previous issue) :5. It is further stated that during the tenure of the Respondent No. 6 as Chief Engineer of LGED, numerous allegations of corruption, bribery and dishonest

Law allows the court to pass order in ‘summary manner'

High Court Division  :(Civil Revisional Jurisdiction) Sheikh Abdul Awal JShahidul Karim JBASIC Bank Ltd     . Plaintiff-Appellant vs Sarwar Enterprise and others ......................Defendant-RespondentsJudgment June 7th, 2016 Artha Rin Adalat

Auction of mortgaged property be made first

(From previous issue) :8. The. only question that calls for consideration by us in this Writ Petition is whether· under the governing law and the decisions of the Appellate

Limitation of High Court Jurisdiction

High Court Division  :(Special Original JurisdictTariq-ul-Hakim JAKM Shahidul Huq JAbdus Shaheed (Md) and another ............    . Petitioner vs Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development

Establishing claim in suit for partition

Appellate Division (Civil) :Md Abdul Wahhab Miah JMd Imman Ali JKanchan Mallik and others................Appellantsvs Saleha Begum and others.............RespondentsJudgmentNovember 18, 2015Code of Civil Procedure (V of 1908) Order VII, Rule

Quantum of seized drugs must be determined in an acceptable method

(From previous issue) :27. On the other hand, in some cases, this can also act to the benefit of the accused person. Although a person may have been in

Auction of mortgaged property be made first

High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ataur Rahman     Khan JAli Ajgar (Md).....................................Petitioner vsBangladesh represented by the Secretary Ministry of Finance, Bangladesh & others

Preliminary decree is not absolute

Appellate Division :(Civil) Md Abdul Wahhab Miah JNazmun Ara Sultana JMasum Billah (Md) and another.......PetitionsvsMd Saidur Rahman and others............RespondentsJudgmentJuly 3rd, 2017Code of Civil Procedure (v of o 1908) Section

Custodianship of minor children if mother remarriages

High Court Division :(Civil Revisional Jurisdiction) Md Miftah Uddin Choudhury J Kamruzzaman (Md) @ Ratan (Minor) ... Petitioner vs Md Dulal Mia......................... Opposite PartyJudgment . October 9th, 2013 Mohammadan

Quantum of seized drugs must be determined in an acceptable method

High Court Division :(Criminal Appellate Jurisdiction) Abu Bakar Siddiquee J Mustafa Zaman Islam JLeon and another.     . Convict-Appellant vsState......RespondentJudgment January 26th, 2017 Narcotics Control Act (XX of 1990)

Immigration Officer enjoys no discretion to detain passenger

High Court Division :(Special Original Jurisdiction) Tariq ut Hakim JMd Faruque (M Faruque) J Rumeen Farhana.................................. Petitioner vsBangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Dhaka and

Submission of illegal perfunctory report by police

High Court Division :(Criminal Appellate Jurisdiction) Syed Md Ziaul Karim J Ashish Ranjan Das J Judgment June 4th, 2014 Matiur Rahman (Md) ..... ... Complainant-Appellant vsAbdul Shahid and two

Refusal of claimed balance is not criminal offence

(From previous issue) : Learned Advocate for the complainant opposite party No.2 referring to the decision of this Court, the case of Khandker Fazlul Haque vs Md Aftabuddin Ahmed @

Defaulter tenant can't seek protection of law

High Court Division :(Civil Revisional Jurisdiction) Mahmudul Hoque J Fatema Khatun ........................ Defendant-Petitioner vs Maszid-E-Fattah (Tablig Markas Maszid) .................. Plaintiff Opposite- PartyJuly 17th, 2016Transfer of Property Act (IV of

Long lapse of time no valid ground for rejecting pre-emption petition

Appellate Division (Civil) Md Abdul Wahhab Miah JNazmun Ara Sultana JMd Imman Ali JMd Nizamul Hoq JSyed Emdad Hussain and ors ... Petitioners vs Muzahar Ali Mallick and ors ...

Refusal of claimed balance is not criminal offence

High Court Division(Criminal Miscellaneous Jurisdiction)Md Habibul Gani JMd Akram Hossain Chowdhury JShawkat Alam (Md) ..... Accused-Petitioner vs State and another ........ Opposite-PartiesJudgmentJune 5th, 2017Code of Criminal Procedure (V of 1898)

Colorable exercise of power unlawful

(From previous issue)7. We have heard the learned Advocates for both the parties, perused the writ petition, its annexures, affidavit-in-opposition and other materials on record. 8. Let us first discuss

Colorable exercise of power unlawful

High Court Division :(Special Original Jurisdiction) Md Rezaul Haque JMd Khurshid AlamSarkar JJudgment July 27th, 2016 Mostafiz Khan (Md) ..........PetitionervsBangladesh and others.......Respondents Constitution of Bangladesh, 1972 Article 102(2) It

Right of co-sharer not deniable

Appellate Division :(Civil) Md Abdul Wahhab Miah JMd Nizamul Haq JJudgmentJanuary 3rd, 2017Masum Ali (Md) and others      ............. Petitioners vsLaynur Begum and others. ............RespondentsState Acquisition & Tenancy

Misuses of the privileges of bail

High Court Division  :(Criminal Miscellaneous Jurisdiction) M Enayetur Rahim J Shahidul Karim JAbdus Salam ... Petitioner vsState and another ......... ......... Opposite PartiesJudgmentMay 24th, 2017Anti-Corruption Commission Act (V of

Imposition of penalty

High Court Division :(Special Original Jurisdiction) Syed Refaat Ahmed J  Md Akram HossainChowdhury JEastern  Cement Industries Ltd .............................................Petitioner vs Customs, Excise and VAT, Appellate Tribunal, Dhaka and another............................. RespondentsJudgment

Trial process to continue when there is a prima-facie case

High Court Division :(Criminal Revisional Jurisdiction) Syed Md Ziaul Karim J Ashish Ranjan Das JMaulana Abdul Malek  Miah...... Accused-Petitioner vsState.................. Opposite-PartyJudgmentJune 18th, 2014Code of Criminal Procedure (V of 1898)

Suspension order must specify time duration

High Court Division :(Special Original Jurisdiction) Naima Haider JAbu Taher Md SaifurRahman J Salma Begum ............... Petitioner vsGovernment of Bangladesh, represented by the Secretary by the Secretariat, Dhaka and 

Management of Waqf estate

(From previous issue) :The learned Advocate further submits that since the registered deed dated 10-3-2004 as well as late Jamaluddin Khan's letter dated 20-12-2015 appointing the petitioner' Mutawalli before'

PSI's CRF certificate can't be basis of value assessment

High Court Division :(Special Original Jurisdiction) Syed Md Ziaul Karim J Sheikh Md Zakir Hossain J Shiromoni......PetitionerVsCommissioner of Customs and 3 anothers Respondents ................Judgment     January 14th, 2016 Pre-Shipment

Impartiality and fairness stand for natural justice

(From previous issue) :21. It is clear that the Government respondent always treated the land as "Kha" Schedule land but when the Act No. 23 of 2011 came into