Friday, September 22, 2017 | ePaper

Right to compensation is not unconditional

(From previous issue) :"51. Improvements made by bonafide holders under defective titles-When the transferee of immovable property makes any improvement on the property, believing in good faith that he

Conviction can be based even on a single complete and self-contained testimony

Appellate Division :(Criminal) Surendra Kumar Sinha CJ Syed Mahmud Hossain JMirza Hussain Haider JJharu and another. ... ..................................Appellants vsState ... RespondentJudgment November 15th, 2016 Evidence Act (I of 1872)

Circumstances leading to presumed delivery of letters, notice or summon

(From previous issue) :43. In the case of Md Kamal Uddin @ Md Kamal Ahmed vs Md Mezbah Uddin reported in XI ADC 2014, it is held that:- "A

16th Amendment Case : A Judgment on Supremacy

Barrister M Qaium :Appellate Division by its historic judgment on July 3rd 2017 upheld the judgment of the High Court Division dated 05.05.2016 striking down the 16th Amendment of

Right to compensation is not unconditional

High Court Division :(Civil Appellate Jurisdiction) Sheikh Abdul Awal J Shahidul Karim JHamidur Rahman and others     Petitioner vs Abdul Hashim and ors .... ......... Opposite Parties Judgment July

Circumstances leading to presumed delivery of letters, notice or summon

(From previous issue) :21. The learned Advocate for the petitioner submits that after the amendment by Act No. iii of 2006 according to Section l41(c) of the Act no

Temple manager can't transfer properties in any manner

High Court Division :(Civil Appellate Jurisdiction)Borhanuddin J Md Ashraful Kamal JDolan Tripati alias ............Dulal TripativsGobinda Jiew and Mohaprobhu Jiew  Diety represented by Sree Bimalendu Das and others............ RespondentsJudgmentFebruary 8th,

Sentence for civil prison to judgment-debtors

High Court Division :(Special Original Jurisdiction)Zinar Ara JKazi Md Ejarul HaqueAkondo JAbdul Kader (Md............PetitionerVsGovernment of Bangladesh represented by the Secretary Ministry of Law, Justice and Parliamentary Affairs and others

Circumstances leading to presumed delivery of letters, notice or summon

High Court Division :(Criminal Miscellaneous Jurisdiction) Farid Ahmed JAKM Shahidul Huq JMonirul Islam (Md) ................ PetitionervsState ...........Opposite-PartiesJudgmentNovember 24th, 2016Evidence Act (1 of 1872) Section 114(f) General Clauses Act (X

Person wanted in criminal case can file writ-petition too

Appellate Division (Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Government of Bangladesh, represented by the Secretary, Ministry of  the Local Government, Rural Development and

Single punishment for single offence is lawful

High Court Division (Criminal Miscellaneous Jurisdiction) Md Rezaul Hasan J Kashefa Hussain J Nurul Islam ............................. ................Accused-Petitioner vsState and another ........... .......... Opposite-PartiesJudgment June 6th, 2016Penal Code (XLV of 1860)

Single punishment for single offence is lawful

High Court Division :(Criminal Miscellaneous Jurisdiction) Md Rezaul Hasan J Kashefa Hussain J Nurul Islam ............................. ................Accused-Petitioner vsState and another ........... .......... Opposite-PartiesJudgment June 6th, 2016Penal Code (XLV of

Person wanted in criminal case can file writ-petition too

Appellate Division (Civil) :Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Government of Bangladesh, represented by the Secretary, Ministry of  the Local Government, Rural Development

Employees are governed by Service Rules, not Organogram

(From previous issue) :'However, the authority concerned decided that the Service Rules, 1989 of the abolished City Corporation will remain applicable for regulating and controlling the services of the

Code of Conduct for the Judges

The Supreme Court has outlined a 39-point code of conduct for judges in the decision reinstituting the Supreme Judicial Council and declaring the 16th constitutional amendment illegal.The details below:(1)   

Depositing balance consideration in court is mandatory for filing suit

Appellate Division(Civil)Md Abdul Wahhab Miah J Md Imman Ali JAHM ShamsuddinChoudhury JAbdul kalam (Md) ............................Petitioner Md Mohiuddin and others.............................. Respondents* Judgment May 19th, 2015 Code of Civil Procedure (V of

Dead fish across the trial : The money laundering methods in Bangladesh

Kazi Mokhles Uddin Ahmed :1. In 2012 International Narcotics Control Strategy Report (INCSR)1 the mark of Bangladesh is in "major money laundering countries" that are in the "Countries/ Jurisdictions of

Employees are governed by Service Rules, not Organogram

(From previous issue)8. All on a sudden, an 'Office Order' dated 23-10-2012 was issued under the signature of the Respondent No.9, transferring /vesting his service from Dhaka South City Corporation

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