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13 Scob [2020] Ad 13 Scob [2020] Hcd Supremee CoCourt Online Bulletulletin (Law Report) 2020 Editor Justice MoyMoyeenul Islam Chowdhury Justicetice Sheikh Hassan Arif Citation: 13 SCOB [2020] AD 13 SCOB [2020] HCD Supremee CoCourt of Bangladesadesh Published by: Mr. Md. Ali Akbar Registrar General Supreme Court of Bangladesh Research Co-ordinator: Mohammad Saifur Rahman Special Officer High Court Division Researchers: Sanjida Sarwar Assistant Registrar (Senior Assistant Judge) High Court Division Md. Sultan Sohag Uddin Assistant Registrar (Senior Assistant Judge) High Court Division Mitful Islam Assistant Registrar (Senior Assistant Judge) High Court Division Md. Harun Reza Assistant Registrar (Senior Assistant Judge) High Court Division Md. Haider Ali Assistant Registrar (Senior Assistant Judge) Md. Omar Hayder Assistant Registrar (Assistant Judge) Contact: [email protected] Copyright © 2019 Supreme Court of Bangladesh All Rights Reserved Supreme Court of Bangladesh Honorable Chief Justice Mr. Justice Syed Mahmud Hossain Honorable Judges of the Appellate Division 1. Mr. Justice Muhammad Imman Ali 2. Mr. Justice Hasan Foez Siddique 3. Mr. Justice Mirza HussainHaider 4. Madam Justice Zinat Ara 5. Mr. Justice Abu Bakar Siddiquee 6. Mr. Justice Md. Nuruzzaman Honorable Judges of the High Court Division 1. Mr. Justice Tariq ul Hakim 2. Madam Justice Salma Masud Chowdhury 3. Mr. Justice Muhammad Abdul Hafiz 4. Mr. Justice Syed Refaat Ahmed 5. Mr. Justice Md. Miftah Uddin Choudhury 6. Mr. Justice A.K.M. Asaduzzaman 7. Mr. Justice Md. Ashfaqul Islam 8. Mr. Justice Zubayer Rahman Chowdhury 9. Mr. Justice Moyeenul Islam Chowdhury 10. Mr. Justice Md. Emdadul Huq 11. Mr. Justice Md. Rais Uddin 12. Mr. Justice Md. Emdadul Haque Azad 13. Mr. Justice Md. Ataur Rahman Khan 14. Mr. Justice Syed Mohammad Ziaul Karim 15. Mr. Justice Md. Rezaul Haque 16. Mr. Justice Sheikh Abdul Awal 17. Mr. Justice S.M. Emdadul Hoque 18. Mr. Justice Mamnoon Rahman 19. Madam Justice Farah Mahbub 20. Mr. Justice A.K.M. Abdul Hakim 21. Mr. Justice Borhanuddin 22. Mr. Justice Soumendra Sarker 23. Mr. Justice Md. Moinul Islam Chowdhury 24. Mr. Justice Obaidul Hassan 25. Mr. Justice M. Enayetur Rahim 26. Mr. Justice Naima Haider 27. Mr. Justice Md. Rezaul Hasan 28. Mr. Justice Md. Faruque (M. Faruque) 29. Mr. Justice Md. Shawkat Hossain 30. Mr. Justice F.R.M. Nazmul Ahsan 31. Justice Krishna Debnath 32. Mr. Justice A.N.M. Bashirullah 33. Mr. Justice Abdur Rob 34. Mr. Justice Dr. Quazi Reza-ul Hoque 35. Mr. Justice Md. Abu Zafor Siddique 36. Mr. Justice A.K.M. Zahirul Hoque 37. Mr. Justice Jahangir Hossain 38. Mr. Justice Sheikh Md. Zakir Hossain 39. Mr. Justice Md. Habibul Gani 40. Mr. Justice Gobinda Chandra Tagore 41. Mr. Justice Sheikh Hassan Arif 42. Mr. Justice J.B.M. Hassan 43. Mr. Justice Md. Ruhul Quddus 44. Mr. Justice Md. Khasruzzaman 45. Mr. Justice Farid Ahmed 46. Mr. Justice Md. Nazrul Islam Talukder 47. Mr. Justice Bhabani Prasad Singha 48. Mr. Justice Md. Akram Hossain Chowdhury 49. Mr. Justice Md. Ashraful Kamal 50. Mr. Justice K. M. Kamrul Kader 51. Mr. Justice Md. Mozibur Rahman Miah 52. Mr. Justice Mustafa Zaman Islam 53. Mr. Justice Mohammad Ullah 54. Mr. Justice Muhammad Khurshid Alam Sarkar 55. Mr. Justice A. K. M. Shahidul Huq 56. Mr. Justice Shahidul Karim 57. Mr. Justice Md. Jahangir Hossain 58. Mr. Justice Abu Taher Md. Saifur Rahman 59. Mr. Justice Ashish Ranjan Das 60. Mr. Justice Mahmudul Hoque 61. Mr. Justice Md. Badruzzaman 62. Mr. Justice Zafar Ahmed 63. Mr. Justice Kazi Md. Ejarul Haque Akondo 64. Mr. Justice Md. Shahinur Islam 65. Mr. Justice Kashefa Hussain 66. Mr. Justice S.M. Mozibur Rahman 67. Mr. Justice Amir Hossain 68. Mr. Justice Khizir Ahmed Choudhury 69. Mr. Justice Razik-Al-Jalil 70. Mr. Justice Bhishmadev Chakrabortty 71. Mr. Justice Md. Iqbal Kabir 72. Mr. Justice Md. Salim 73. Mr. Justice Md. Shohrowardi 74. Mr. Justice Md. Abu Ahmed Jamadar 75. Mr. Justice A. S. M. Abdul Mobin 76. Mr. Justice Md. Mostafizur Rahman 77. Mr. Justice Fatema Najib 78. Mr. Justice Md. Kamrul Hossain Mollah 79. Mr. Justice S M Kuddus Zaman 80. Mr. Justice Md. Atoar Rahman 81. Mr. Justice Khizir Hayat 82. Mr. Justice Sashanka Shekhar Sarkar 83. Mr. Justice Mohammad Ali 84. Mr. Justice Mohi Uddin Shamim 85. Mr. Justice Md. Riaz Uddin Khan 86. Mr. Justice Md. Khairul Alam 87. Mr. Justice S. M. Maniruzzaman 88. Mr. Justice Ahmed Sohel 89. Mr. Justice Sardar Md. Rashed Jahangir 90. Mr. Justice Khandaker Diliruzzaman 91. Mr. Justice K.M. Hafizul Alam 92. Mr. Justice Muhammad Mahbub Ul Islam 93. Mr. Justice Shahed Nuruddin 94. Mr. Justice Md. Zakir Hossain 95. Mr. Justice Md. Akhtaruzzaman 96. Mr. Justice Md. Mahmud Hassan Talukder 97. Mr. Justice Kazi Ebadoth Hossain 98. Mr. Justice K.M. Zahid Sarwar 99. Mr. Justice A.K.M. Zahirul Huq 100. Mr. Justice Kazi Zinat Hoque Retired on 08 January, 2020020 as Judge of the High Court Division of the Supreme Court of Bangladesh. At present, Presiding Judgege of a Division Bench of the High Court Division of the Supreme Court of Bangladesh. 13 SCOB [2020] Index of Cases Appellate Division Govt. of Bangladesh Vs. Abdul Mannan & ors. (SYED MAHMUD HOSSAIN, C. J)…...…...............1 Mahbubul Anam Vs. Ministry of Land & ors. (MUHAMMAD IMMAN ALI, J).............................8 State Vs. Abu Hanifa @ Hanif Uddin (MIRZA HUSSAIN HAIDER), …….…......…………...............17 The State Vs. Abdur Razza & ors. (Hasan Foez Siddique, J)................………...................................26 High Court Division MS BHIS Apparels Limited Vs. Alliance for Bangladesh Workers Safety & ors. (MOYEENUL ISLAM CHOWDHURY, J) ....................1 AHN. HONG, SIK. HPCC-SEL JV Vs. Central Procurement Technical Unit & ors. (Md. Ashfaqul Islam, J) ...27 East West Property Development (Pvt.) Ltd. & anr. Vs. D.C Manikgonj (Naima Haider, J)……......40 Major Md. Nazmul Haque & ors. Vs. State and another (Farah Mahbub, J.) .....................................47 Md. Abu Yousuf Shah Vs. The State (Md. Shawkat Hossain, J.) ........................................................58 Md. Nazmul Huda Vs. The State & another (M. ENAYETUR RAHIM, J)............................................63 Md. Shamsujjaman & ors. Vs. Bangladesh & ors. (Zubayer Rahman Chowdhury, J).........................65 Md. Zohurul Islam Vs. Sree Aokkhoy Kumar Roy & ors. (Md. Miftah Uddin Choudhury,J)............73 Mosammat Syeda Shamima Kader Vs. Mohammad Enamur Rashid Chowdhury (Md. Rezaul Hasan, J)….….79 Syed Saifuddin Kamal & anr. Vs. Bangladesh & ors. (SYED REFAAT AHMED, J).........................85 The State Vs. Abul Kashem & ors. (Md. Ruhul Quddus, J)...............................................................103 The State Vs. Md. Sharif & another’s (Jahangir Hossain, J).............................................................120 S.M. Sajjad Hossain Vs. Govt of Bangladesh & ors. (SHEIKH HASSAN ARIF, J) .......................................... 137 Cases of the Appellate Division Sl. Name of the Parties Key Word Short Ratio No. and Citation 1. Govt. of Bangladesh Abandoned In the suit for specific performance of Vs. property, suit contract the declaration of the suit Abdul Mannan & ors. for specific property is not an abandoned property, is 13 SCOB [2020] AD performance beyond the scope of the suit and such contract; declaration has no legal value at all. (SYED MAHMUD In a suit for specific performance of HOSSAIN, C. J) contract the only issue to be decided whether the contract was genuine or not and as such, though the Government is made a party to a suit for specific performance of contract as a requirement of law it is not bound by the decree. 2. Mahbubul Anam Cancellation of Cancellation of long term lease granted Vs. lease, by the government for the purpose of Ministry of Land & ors. preservation of constructing hotels in the hotel/motel ecological zone of Cox’s Bazar: (MUHAMMAD balance and Dismissing the review petitions, the IMMAN ALI, J) protection of Court directed that all leases within 13 SCOB [2020] AD natural Jhilanja Mouza of Cox’s Bazar granted resources; after 19.04.1999 be cancelled in the same way as those of the writ-petitioners and any constructions made thereon be demolished; the leaseholders shall be compansated for their loss due to such cancellation/demolition. It was further directed that henceforth no lease shall be granted within Jhilanja Mouza or any area which has been classified as ecologically critical area. 3. State Section 84 of On a plain reading of the aforesaid Vs. the Penal Code provisions of law and on scrutinizing the Abu Hanifa @ Hanif and plea of materials on record, specifically the Uddin unsoundness of Medical reports (Exhibits-A,B,C and D), mind; submitted by the DWs we have already (MIRZA HUSSAIN found that the defence has been able to HAIDER, J) prove that the accused-respondent was of unsound mind from 22.6.1999 i.e. 13 SCOB [2020] AD 8(eight) months after the date of occurrence (13.10.1998) but failed to prove the same, prior to that date. Since the defence failed to prove its plea of unsoundness of mind of the accused- respondent, at the time of commission of the offence on 13.10.1998, as required under section 84 of the Penal Code and section 105 of the Evidence Act by Cases of the Appellate Division providing sufficient evidence, he cannot get any benefit under section 84 of the Penal Code nor under Chapter XXXIV of the Criminal Procedure Code. Plea of insanity or of unsoundness of mind of the accused-respondent being not prima facie found, the Court is not obligated to take recourse to the provisions as laid down in Chapter XXXIV of the Criminal Procedure Code. 4. The State Absorption and 1. The legitimate expectation would Vs. doctrine of not override the statutory provision. The Abdur Razzak & ors. legitimate doctrine of legitimate expectation can expectation; not be invoked for creation of posts to (Hasan Foez Siddique, J) facilitate absorption in the offices of the regular cadres/non cadres. Creation of 13 SCOB [2020] AD permanent posts is a matter for the employer and the same is based on policy decision.
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