Wednesday, September 26, 2018 | ePaper

Arbitration clause of the agreement be tried first

(From previous issue) :In a case such as this we are of opinion the suit is not on the face of it barred by law. The very arguments which

Calculation of interest on decree amount

High Court Division :(Special Original Jurisdiction)Zinat Ara JAKM Zahirul Hoque JTopman Fashion WearsLimited..........PetitionervsDutch Bangla Bank Limited and others...............RespondentsJudgmentFebruary 15th, 2017Artha Rin Adalat Ain (VIII of 2003)Section 50(4)Under Section 50(4)

Principle of double jeopardy

(From previous issue) :39. In respect of these material exhibits no suggestion has been given by the defence that these materials are not belonged to the victim of the

Quashing proceeding of case pending before the court below

High Court Division :(Special Original Jurisdiction) Moyeenul IslamChowdhury JMd Ashraful Kamal J AKM Zakaria Hossain Choudhury ..... Petitioner vsChief Metropolitan Magistrate, Dhaka and others     RespondentsJudgmentJudgment, May 21,st, 2018

Principle of double jeopardy

(From previous issue) :20. Upon scrutiny of the evidence adduced by the prosecution witnesses along with exhibits as well as material exhibits it has emerged that the learned defence

Arbitration clause of the agreement be tried first

High Court Division :(Civil Appellate Jurisdiction) Syed Md Ziaul Karim JSheikh Md Zakir Hossain JMizanur Rahman (Md) .......................Plaintiff-Appellant vsManaging Director, and CEO Agrani Bank Ltd ............Defendant No. 1 RespondentJudgmentJanuary

Killing a burglar in self-defence : UK Law

Barrister M. A. Muid Khan :Prologue "…HOMEOWNERS can defend themselves against raiders who break into their house…" (Justice Secretary David Gauke, 6th April 2018, London, UK) In the wake

Principle of double jeopardy

High Court Division :(Criminal Appellate Jurisdiction)Jahangir Hossain JMd Jahangir Hossain JState...........PetitionervsMd Abul Kashem Kha................Condemned-PrisonerJudgmentJanuary 20th, 2016Constitution of Bangladesh, 1972Article 35(2)Code of Criminal Procedure (V of 1898)Section 403No person shall

The conduct of the Commission raises serious questions

High Court Division(Criminal Miscellaneous Jurisdiction) M Enayetur Rahim J Shahidul Karim J Judgment     I November 8th, 2017Salim (Md) .... Petitioner  vsState and another............... Opposite-PartiesCode of Criminal Procedure (V of

Loan once admitted cannot be subsequently denied

(From previous issue)15. He has further argued that the plaintiff and defendants by amicable settlement came to compromise and by dint of that compromise prepared application and Solenama signing by

Reopening the decree after disposal of the suit is illegal

(From previous issue) :9. Such substituted service cannot be regarded as idle formality. The law intends it as a substitute to actual personal service. Moreover it appears from the

Penal consequences for dishonour of cheque

High Court Division :(Criminal Appellate Jurisdiction) Md Rais Uddin JMohiuddin Chowdhury (Md) ..................     Accused-Appellant vs State and another......................RespondentsJudgmentFebruary 28th, 2018Negotiable Instruments Act (XXVI of 1881) Sections 138(1) and

Loan once admitted cannot be subsequently denied

High Court Division :(Civil Appellate Jurisdiction) Md Nuruzzaman JSH Md Nurul Huda Jaigirdar JRupali Bank Limited Plaintiff-Appellant vs Perfume Chemical  Industries Limited, and others.................... Defendant-RespondentsJugementJuly 30th, 2017Evidence Act (I

Photocopy of document does not have evidence value

(From previous issue) :4. Meanwhile, on conclusion of investigation the Investigating Officer submitted police report against the accused petitioners being charge sheet No. 97 dated 26-10-2011 under sections 406/420/467/468

Reopening the decree after disposal of the suit is illegal

Appellate Division :(Civil) Syed Mahmud Hossain CJ Md Imman Ali J     Hasan Foez Siddique J Mirza Hussain Haider J Parvin Akter and others ..... PetitionersvsEastern Bank Ltd. and

When a tenant can seek his re-instatement

(From previous issue) :5. Lastly plaintiff sent another notice dated 17-6-2012 requesting the defendant to vacate the property, but to no effect. Hence the suit. 6. Defendant-appellant's Case: The

Photocopy of document does not have evidence value

High Court Division :(Criminal Miscellaneous Jurisdiction) Farah Mahbub J Mahmudul Hoque JAtaur Rahman (Md) alias Dhanu and Others………….Accused-Petitioners vs State and anothers .... ...... Opposite PartiesJudgment November 22nd, 2017Code

Delay in disposal of case is no ground to commute sentence

Appellate Division :(Criminal)Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique JShahidul Islam @ Shahid ……….…………..Petitioner vs State…………............. Respondent Judgment March 5th, 2017 Code of Criminal Procedure

Setting dispute related to the propriety of decision

(From previous issue) :BUET:Total capacity of the gas line, as claimed by TITAS gas, as 1,570,000 cft/hr is correct if Titas Dhanua station gas pressure is 140 psi and

When a tenant can seek his re-instatement

High Court Division :(Civil Appellate Jurisdiction) Md Emdadul Hug J     FRM Nazmul Ahasan JBata Shoe Company  (Bangladesh) Ltd …… ................. Appellant vsHassan Movies Ltd ………… ............. RespondentJudgment November

Sending a suit on remand for trial

High Court Division :(Civil Appellate Jurisdiction) Md Miftah Uddin Choudhury J ANM Bashir Ullah J Kismat Traders and others …….Appellants vs Pubali Bank Limited and others ……............. Respondents· Judgment

Settling dispute related to the propriety of decision

High Court Division :(Special Original Jurisdiction) Naima Haider JATM Saifur Rahman JJudgment October 31st, 2017TM Textiles and Garments Ltd.... PetitionervsBangladesh, represented by the Secretary Ministry of Power, Energy and 

Death penalty is not unconstitutional

Appellate Division :(Criminal) Md Abdul Wahhab Miah JSyed Mahmud Hossain JMd Imman Ali JHasan Foez Siddique JMirza Hussain Halder JKmmal alias Exol Kamal.........AppellantvsState............RespondentJudgment October 10th, 2017Code of Criminal Procedure

Accused be allowed to produce defence evidence

  High Court Division :Criminal Miscellaneous Jurisdiction) Md Emdadul Huq J FRM Nazmul Ahasan JShariful Haque (Md) …………………….Petitioner  vsState represented by the Deputy Commissioner, Dhaka & another………....... Opposite Parties*

Adjudication process at the grassroots

Dr. M Abul Kashem Mozumder and  Dr. Md. Shairul Mashreque :A number of studies have appeared  on the topic like gram adalat((Masahreque 1995, 2002, Mashreque and Amin  1995, and

Rights of partners to claim property shares

Appellate Division :(Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Md Bazlur Rahman J Khosrur Rashid (Md) and others ………

Validity period of affidavit

High Court Division :(Criminal Miscellaneous Jurisdiction)Farah Mahbub J Mahmudul Hoque J Khaza Tareq ................. Accused-Petitioner (On Surrender) vsState ..... Opposite Parties· Order August 22nd, 2017 Supreme Court of Bangladesh

Can a 3rd party be precluded for contesting a fraudulent deed?

(From previous issue) :After assessing the evidence, the High Court Division came to a finding that "the defendants had/have been in exclusive possession of the Ghar which is situated

Lending banks' liability in pledge loan

Appellate Division :(Civil) Surendra Kumar Sinha CJSyed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JNimal Chandra Biswas ………….PetitionerVsSonali Bank, Dhaka and another ………..RespondentsJudgmentMarch 20th, 2016Artha Rin Adalat Ain

Can there be successive prosecution?

(From previous issue) :The Proceeds of Crime Act 2002, is essentially akin to the Money Laundering Protirodh Ain of Bangladesh, as it creates the offence of money laundering and