Monday, May 28, 2018 | ePaper

Ain empowers Adalat to issue warrant against judgement-debtor

(From previous issue) :5. In course of the said Execution proceedings, the judgment-debtors entered their appearance. As no property had been mortgaged with the decreetal bank, when the loan

'Pardahnashin lady' may be represented by authorised agent before Family Court

High Court Division  :(Civil Revisional Jurisdiction) SM Emdadul Hoque J Kashefa Hussain J Aleya Akter ……….. Petitioner vs Md Daulat Patwary .... ……..Respondent Judgment May 15, 2017 Family Courts

Reading the meaning of Section 272 of the Code

High Court Division :(Criminal Miscellaneous Jurisdiction) Zubayer Rahman Chowdhury J     Md Abu Zafor Siddique J Faizur Rahman (Md) ……………Petition     vs State …….. …..Opposite-PartyJudgment March 13th, 2014 Code

Ain empowers Adalat to issue warrant against judgement-debtor

High Court Division :(Special Original Jurisdiction) Md Miftah Uddin Choudhury J     Md Mozibur RahmanMiah JAbdul Hafiz Salawat …………….……………………..Petitioner vs First Court of Artha Rin Adalat, Chattogram and others

Delay in disposal cannot be a ground for commuting sentence

Appellate Division (Criminal) :Surendra Kynar  Sinha CJ Syed Mahmud Hossain JHasan Foez Siddique JShahidul Islam @ Shahid ………….………………..Petitioner vs State ……………............ RespondentJudgementMarch 5th, 2017 Code of Criminal Procedure (V

Death of accused appellant does not affect the entire judgment

High Court Division  :(Criminal Appellate Jurisdiction) Md Rais Uddin J MA Motin …………. ...... . Accused-Appellant vsState ………Respondent'"Judgment     February 14th, 2017  Code of Criminal Procedure (V of 1898)

Husband to pay maintenance during subsistence period

High Court Division :(Civil Rcvisional Jurisdiction) SM Emdadul Hoque JKashefa Hussain JHalima Motiar     .................Petitioner vsSheikh Motiar Rahman   ........... RespondentJudgmentMarch 12th, 2017Family Courts Ordinance (XVIII of 1985) Section 5

Power of absorption is not absolutely discretionary

(From previous issue) :11. From a perusal of the materials on record it appears emphatically that the question of absorption arid regularization of teacher and other staffs' who were

Wrong-doers be asked to explain first

Appellate Division (Civil) :Md Abdul Wahhab Miah JSyed Mahmud Hossain JMd Imman Ali JHasan Foez Siddique JMirza Hussain Haider JGovernment of Bangladesh and others.....PettionersvsMd Babul Howlader and others.........Respondents JudgmentOctober

Hindu Marriage Dissolution Act needed

Zahid Ahammad Hero :Hindu marriage is treated as a sacrament, or a sanskara, Under Hindu shastra or law, the concept of marriage is more of a religious than secular

Power of absorption is not absolutely discretionary

High Court Division :(Special Original Jurisdiction) Mamnoon Rahman J Shahidul Karim J Monirul Islam (Md) and others ... Petitioners  (in writ petition No. 3451 of  2010) vs Bangladesh Jute

Discrimination in paying financial benefits illegal

High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Ashish Ranjan Das J Abdur Rahman and others ..........Petitioners     vs Government of the People's Republic of Bangladesh and

Tender age is also a factor of consideration

High Court Division(Criminal Appellate Jurisdiction) Md Habibul Gani J Md Akram Hossain Chowdhury J Tanjila Begum ............. ........ Convict-Appellant vsState...........Respondent* Judgment September 8th, 2016 Code of Criminal Procedure (V

Demand for encashment of Bank Guarantee cannot be injuncted

(From previous issue) :Therefore such breach of contract will automatically give rise to a claim for damages by the respondents and since the respondents suffered loss and damages due

Demand for encashment of Bank Guarantee cannot be injuncted

High Court Division :(Special Original Jurisdiction) Tariq ul Hakim J Md Faruque (M  Faruque) JJudgment August 23rd, 2016 Akram Hossain................Petitioner in all the Writ Petitioner VsBangladesh Rural Electrification Board,

Bail in an explosive substance case

High Court Division :(Criminal Appellate Jurisdiction) Syed Md Ziaul Karim J SM Zakir Hossain J Shagor Prodhan ....... ....................Accused-Appellant vs State ..... Respondent Judgment November 16th, 2016     Explosive

'Youtuka' means gifts made before and also after nuptial fire

Appellate Division (Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Abdur Rahim Molla ...................... Appellant (In CA Nos. 325 &

Investigation by an ASI does not per se become without jurisdiction

High Court Division  :(Criminal Revisional Jurisdiction) Bhabani PrasadSingha J SM Mozibur Rahman J Ziauddin Ahmed ..... .... Accused -PetitionervsState......................................Opposite-PartyJudgment September 10th, 2015.  Code of Criminal Procedure (V of 1898) Section

Interest can't be reduced or waived by the court of law

High Court Division :(Civil Appellate Jurisdiction) Mamnoon Rahman  J Md Abu Zafor Siddique JSonali Bank ....................................Appellant vs Md Lutfor Rahman and others .......................... RespondentsJudgment February 9th, 2012 Artha Rin

Procedural law having retrospective effect

High Court Division(Criminal Revisional Jurisdiction)Syed Md Ziaul Karim JAshish Ranjan Das JHanif.............Accused-PetitionervsState ..........Opposite-PartyJudgmentJune 15th, 2014Code of Criminal Procedure (V of 1898)Section 339C(4)In view of repeal of sub-section (4) of

Waqf estate should run by the terms of original deed

High Court Division(Special Original Jurisdiction) Md Rezaul Hasan J Kashefa Hussain J Judgment July 27th, 2016 Akhtaruzzaman (Md) .............. PetitionervsAdministrator of Waqf, Waqf Administration of Bangladesh and others .... Respondents*

Court below enjoys authority to deal with interest appropriately

(From previous issue) :On perusal of the cross examination of the PW 1 it appears that the shipping agent was appointed by the bank and in his cross examination

When quashment of proceeding not permissible

High Court Division :(Criminal Miscellaneous Jurisdiction) Borhanuddin JMd Ashraful Kamal JRoma Morshed.........Accused-PetitionervsState and another............Opposite PartiesCode of Criminal Procedure (V of 1898)Section 561A Negotiable Instruments Act (XXVI of 1881) Section

ToRs of teachers are basically different

Appellate Division (Civil) :Nazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali JABM Nasrul Aziz............PetitionervsCrescent Jute Mills Company Limited, represented by its General Manager and others... RespondentsJudgmentSeptember 15th, 2014Constitution

Legality of drawing proceeding when suits are pending in civil court

(From previous issue) :Thus, proceedings in Criminal Court should be stayed or adjourned where identical issues based on same facts as in criminal cases are involved in suits pending

Court below enjoys authority to deal with interest appropriately

High Court Division :(Civil Appellate Jurisdiction) Mamnoon Rahman J Md Abu Zafor Siddique J Judgment February 14th, 2012 Sonali Bank....AppellantvsHabib Medical Store and another ............................... Respondents* Artha Rin Adalat

Auction land must be shown in schedule of execution case

Auction land must be shown in schedule of execution case :High Court Division (Civil Revisional Jurisdiction) Md Abdul Hafiz J SM Mozibur Rahman JAminul Islam (Md) ........Judgment-Debtor-PetitionervsBangladesh House Building

Legality of drawing proceeding when suits are pending in civil court

(From previous issue) : The civil and criminal proceedings are not only different but also they are independent from each other. Simply because a suit has been decreed in a

A self-contained single evidence enough for convicting an accused

Appellate Division  :(Criminal) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Mirza Hussain Haider J Jharu and another. ... Appellants VsState..........RespondentJudgmentNovember 15th, 2016Evidence Act (1 of 1872)Section 134A single

Meaning of defaulter borrower

(From previous issue) :As per the said subscription agreement, petitioner No. 2 nominated petitioner No. 1 as its nominee-director in the Board of the Benetex and, accordingly, Form-12 of