Judgment : High Court Division Full List
 
Case Type
Case/Tender Number
Year
Parties
Short Description
 

Case Number Parties Short Description
1
Sabera Begum Vs. M.V. TITU 54 and others.
The application for release of the defendant No. 1 vessel from the order of arrest is disposed of.
2
Grandee Central East Shipping LLC Vs. M.V. PRINCESS JIA JIA and others.
The application for vacating the order of arrest is disposed of.
3
Raju Ahmed ... Convict-Appellant-Petitioner -Versus- The State and another ... Opposite parties
The Criminal Revision is disposed of
4
Sonia Akhter ... Convict-Appellant-Petitioner -Versus- The State and another ... Opposite parties
The Criminal Revision is disposed of
5
Md. Maksudur Rahman Masud -Vs- The State
Suspicion, however strong, is no substitute for proof, and in criminal law the prosecution is to prove the guilt of the accused beyond a reasonable doubt. The purpose of cross-examination is to assist the Court in bringing the truth to light by discovering or clarifying matters with which witnesses may wish to conceal or confuse for motives of partisanship. one witness was examined-in-chief, and her examination was adjourned after a few sentences were recorded in cross-examination. the probative value of the evidence might be very small and might even be disregarded. the confession of a co-accused cannot be used against the other co-accused, and the confession of a co-accused can be used against another co-accused if the said confession stands corroborated by other corroborative evidence. the confession of the co-accused, Shafiul Bashor Rakib, cannot be the sole basis for the conviction of the accused appellant, as the facts and circumstances of the instant case are not corroborated by other evidence. If a material witness who would unroll the genesis of incident is not convincingly brought to fore otherwise or where there is a gap or infirmity in the prosecution case which could have been supplied or made by examining a witness who, though available is not examined, prosecution case can be termed as suffering from a serious deficiency and infirmity and withholding of a such a material and vital witness would oblige the Court to draw an adverse inference against the prosecution by holding that if the witness would have been examined he would not have supported the prosecution case as projected. In the instant case, the informant, i.e., P.W. 1, in his evidence stated that, upon hearing his hue and cries, an army vehicle carrying soldiers arrived and rescued him. However, the investigating agency did not deem it necessary to examine them as witnesses or record their statements under section 161 of the Code of Criminal Procedure, which constitutes gross irregularities and negligence on the part of the investigating agency.
6
Md. Habibur Rahman -Vs- The State and another
The court did not arrived at any independent in finding as to metter the injury was grievious hurt and simple hurt on which injury grievious hurt and which in simple hurt to convict the accused petitioner under Section 326 of the Penal Code, the court must come to definite finding with reference to evidence on the record that the injury caused by the accused is a grievious hurt. An injury is grievous hurt if it falls within the meaning of grievous hurt as given in Section 320 of the Penal Code. there is no iota of evidence on record to show that the victim ever sustained permanent privation of sight of either eye, privation of hearing of either ear, privation of any member of joint destruction or permanant impairing of powers or any member of joint, permanant disfiguration of the head of face and in view of such facts and circumstances, we are unable to believe the contention of the prosecution that the injury sustained by the victim come under the mischief of section 326A or 326 of the penal code. the doctor, who issued the certificate, though, according to the prosecution, conducted treatment of the victim, was not examined, and no explanation was offered by the prosecution before the court as to why he was not examined. This court cannot presume the cause of injury of the victim as it cannot rely upon the Medical Certificate, as the said document was not proved in terms of the provisions of Section 45 of the Evidence Act,1872. As the cause of the victim’s injury has not been proved, in our view, the petitioner is entitled to acquittal. while examining the accused appellants under section 342 of the Code of Criminal Procedure the trial Court failed to put the incriminating evidence against the accused appellants for the purpose of enabling them to explain any circumstance and thereby the accused appellants have been prejudiced. Section 342 of the Code of Criminal Procedure provides that the accused of Criminal Procedure provides that the accused should be examined for the purpose of enabling him to explain any circumstance appearing in the evidence against him. But in the instant case no incriminating circumstance was put to the accused appellants. The razor allegadly used by the accused Shahid in the commission of the offence was not at all put to him while he was examined under section 342 of the Code of Criminal Procedure and thereby the accused appellant has been seriously prejudiced in conducting his defence in the trial.
7
8
Md. Mofijul Islam Tohshilder vs. Abdur Rob and others
absolute
9
10
11
S.S.M Jaker Ullah -Vs- The State and another
No where within the four corners of sub-section (1A) has the legislature put a burden upon the payee to after exhausting the mode of service of notice under clause (a) or (b) of sub-section (1A) of the Act only then the payee can exhaust the mode of service of notice as prescribed under clause (c) of sub-section (1A) by paper publications.
12
Rowshan Hossain vs. The state
Rule discharged
13
Justice ABM Khairul Haque vs. The state
Rule absolute
14
Justice ABM Khairul Haque vs. The state
Rule absolute
15
Justice ABM Khairul Haque vs. The state
Rule absolute
16
Justice ABM Khairul Haque vs. The state
Rule Absolute
17
Md. Azizul Hoque VS. Md. Shahid Mahmud and others
18
The Civil Engineer`s Ltd. Vs. Rowshan Ara Akter and others
19
Md. Nasir Miah -Versus- The State
20
Jahid Mahmud ... Convict-Petitioner -Versus- The State and another ...Complainant- Opposite Parties
The Rule is made absolute
21
Md. Masud ... Convict-Appellant-Petitioner -Versus- The State ... Opposite Party
The Rule is discharged
22
Mosharef Hossen Howlader and others versus Kabir Hossain Howlader and others
Allowed
23
Md. Joinal Abedin versys Mohammad Wahidul Akbar Khan and others
Dismissed
24
Managing Director, Head Office, Sonali Bank Ltd. and others versus Md. Abdul Karim and others
Dismissed
25
Md. Mizanur Rahman (Kishlu) and another versus Most. Tara Begum and others
Allowed
26
Anjana Diu presently Afroza Begum versus Luchina Diu @ Rongi Din
Discharged
27
Bangladesh Water Development Board, represented by Executive Engineer, Nilphamari Water Development Division, Bangladesh Water Development Board, Nilphamari versus Syed Abu Jafar
Dismissed
28
Mohammad Manik Mollah versus Sk. Jainuddin and others
Discharged
29
Arifur Rahman vs the Govt. and others
30
Mst. Lovely Begum Vs. The Government of Bangladesh and others
Absolute
31
Mst. Tahera Khatun Vs. Government of Bangladesh and others
Rule is made absolute
32
Md. solaiman Ali Vs. Government of Bangladesh and others
Rule is made absolute.
33
Saiyedur Rahman Vs, The Government of Bangladesh and others
Rule is made absolute
34
Eti Rani Das Vs. Government of Bangladesh and others
Rule is made absolute.
35
Md. Shahabuddin Vs. Government of Bangladesh and others
Rule is made absolute.
36
Paritosh Chandra Saha Vs. The Government of Bangladesh and others
Rule is made absolute.
37
Md. Mahabul Biswas ...Convict-Appellant-Petitioner -Versus- The State ...............Respondent-Opposite Party
The Rule is made absolute
38
Mohammad Hasan-Vs-Bangladesh, represented by the Secretary, Secondary and Higher Education Division, Ministry of Education and others
Absolute in part
39
Asmaul Husna-Vs-The Government of the People‟s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others
Absolute
40
Md. Jahed Hossain and others versus Govt. and others
41
Md. Saista Miah ... Convict-Appellant-Petitioner -Versus- Islami Bank Bangladesh Limited and another ...Complainant-Respondent-Opposite Parties
The Rule is discharged
42
Shamol Mondol ... Convict-Appellant-Petitioner -Versus- The State and another ...Complainant-Respondent-Opposite Parties
The Rule is discharged
43
Md. Abul Bashar Basu vs. Md. Mosharaf Hossen and others
discharged
44
Sudon Mia vs. Abul Kasem Sorker and others
discharged
45
Sajjatuz Jumma ...Convict- Petitioner -Versus- The State and another ............... Opposite Parties.
The Rule is discharged
46
Anik Siddique ...Convict- Petitioner -Versus- The State and another ............... Opposite Parties.
The Rule is discharged
47
Md. Hasan Kabir Raza alias Md. Abul Hasan Kabir ...Convict- Petitioner -Versus- Phoenix Finance and Investments Limited and another ............... Opposite Parties.
The Rule is discharged
48
The State vs Mr. Abu Zayed Md. Rafiqul Alam, learned Public Prosecutor, Naogaon.
It is fundamental that if the rule of law is to have any meaning or content, the authority of the courts and judges and the confidence of the public in these should not be allowed to be shaken.
Scandalising in substance is an attack on individual judges or the court as a whole with or without referring to particular cases, casting unwarranted and defamatory aspersions upon the character or ability of the judges. Such conduct is punishable as contempt for the reason that it tends to create distrust in the popular mind and impairs confidence of the people in courts which are of prime importance to the litigants in the protection of their rights and liberties.
Courts of justice in a country from the highest to the lowest are by their constitution entrusted with the functions of administration of justice which entails the confidence of the public in them. It is, however, the expectation and confidence of those public that courts of justice perform their functions and discharge their duties with moral excellence without fear or favour, or being biased.
The Canons of Professional Conduct and Etiquette for Advocates, framed under the Legal Practitioners
49
Subhash Chandra Sikder-Vs-Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others
Absolute
50
Abdullah Al Mamun-Vs-Bangladesh represented by the Secretary, Ministry of Expatriates’ Welfare and overseas Employment, and others
Disposed of
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