Evidence of interested witnesses

Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47)

Corroboration by independent and disinterested witness

In a particular case all the eye witnesses may appear to be interested witnesses and bitter enmity between the victim and condemned prisoner may exist. But there must be corroboration by independent and disinterested witnesses........ (48) 

Appeal under section 15

According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by any authorised officer under section 3 of the said Act, he/she can prefer appeal before the person designated or authority within 30(thirty) days. In the instant case no one went to the appellate authority against the decision..........................(32)

Abuse of official position

Criminal misconduct can not be assigned to any action of a public servant when he performs his function in accordance with the prescribed set of rules and procedure without manifestly showing any instance of abuse of his official position......................(38)

Criminal intention, sine qua non for an offence

Criminal intention is sine qua non for an offence under section 5(1) of the Prevention of Corruption Act, 1947, when a decision is taken collectively or even individually by following rules of procedure or the rules of business, criminal intention behind such decision should not normally be inferred. If any loss is incurred or suffered on account of such decision that can give rise to a civil liability and not a criminal liability. Because such a loss can be considered to have been caused in all possibilities due to misjudgment or lack of due care short of criminal intent and motive on the part of the person or persons who took the decision........................(39) 

Norms and practice

It is the norms and practice of the Court that to hear a matter before a Vacation Bench the learned Advocates of the respective parties should be intimated before such hearing and the Court has to be satisfied that before such hearing the learned Advocates of the respective parties were well informed about the hearing. ....... (8)

Functus officio

The moment a judgment is pronounced and signed by the learned judges in a criminal case, the Division pronouncing the judgment becomes functus officio. Neither the pronouncing bench nor any bench of the High Court Division has any power to revise, override or alter the decision or interfere with it in any way, even though the learned judges arrived at a wrong decision. The scope of review as provided in the Code of Civil procedure is not available in the Code of Criminal Procedure............ (13) 

Possession must be proved over the suit land

Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioning a failure of justice.

Plaintiff can seek relief in a properly constituted suit but in the present suit as framed the plaintiff is not entitled to any relief…… (11 & 13) 

Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law

Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case of alleged contract between the plaintiff and the defendant No.1 was genuine. If the contract with the plaintiff is found genuine then the subsequent transfer will be subject to the decision in the suit.

Addition of opposite party in the suit cannot be said to be not necessary. Such addition of a subsequent transferee would not prejudice the plaintiff rather would help him to get possession of the suit-holding if he ultimately succeeds in the suit. Presence of opposite party No.4 would assist the Court to arrive at a correct decision on the issues that may arise at the trial of the suit………………..(11-13) 

Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code.

Sub‑section 1 of section 115 does not confer the revisional power upon the High Court Division, in respect of any 'order' passed by the Joint District Judge. The statute does not provide that the High Court Division shall have revisional power if the order is passed in appeal. As such, an order passed by the Joint District Judge, even in appeal, is not subject to challenge before the High Court Division under its present revisional powers. 

Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention

The law enunciated in sub-sections (2) and (3) of section 3 of the Special Powers Act, 1974 cannot be superseded or overridden by the so-called circular dated 17-2-1993 which has no force of law. Furthermore, the said circular cannot and must not be allowed to encroach the provisions of Articles 7, 11, 26, 31, 32, 35, 36 and 65 of the Constitution of Bangladesh which is the supreme law of the land…………….(16)

The rational deduction from Article 7 of the Constitution in our opinion is that the public are the real and true masters and the public servants and executive to exercise the people’s power only under and by authority of the Constitution in their capacity as persons in the service of the Republic and in discharge of their public duties or, in other words, as servants of the people………………….(24)

The law of preventive detention is being misused and abused by the officers who have the power to detain a person because of lack of knowledge of the law, particularly the law under which they have been empowered to pass an order of detention.

The service of Senior Counsel of the Supreme Court may, if necessary, be requisitioned by the government to avoid recurrence of the mistakes committed by officers making/passing the order of detention..……. (31) 

Mere statements of the respondents that whereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as contemplated under Article 7(2) and (3) of President's Order 16 of 1972 and also under sections 4 and 5 (1) (a) of Ordinance No.54 of 1985. The Court of Settlement has wrongly approached these problems as if it was a Court for determination of title of the said house property.