Transfer the Case under Sec. 5(2) of the Act II 1947 read with Sec. 409/109 of the Penal Code–
The petitioner is entitled to get an order of transfer if she shows circumstances from which it can be inferred that there is apprehension that she would not get justice from the Judge concerned and that the same is reasonable in the circumstances alleged but a mere allegation of apprehension is not enough; the Court will consider whether the apprehension is reasonable, genuine and justifiable.
Taking into consideration the entire facts and circumstances of the case and the materials on record, we are of the view that the petitioner has failed to make out a case that she has reasonable apprehension of not availing justice from the presiding Judge of the Special Court No. 5, Dhaka. The petition is dismissed. ...Begum Khaleda Zia =VS= State, (Criminal), 2019 (1) [6 LM (AD) 91] ....View Full Judgment

Transfer the suit from one district to another district–
The suit is pending in the Court of Joint District Judge, 3rd Court Barisal when Patuakhali District was under the judgeship of Barisal. Be that as it may, since the petitioner wanted to transfer the suit from one district to another district, the only forum available to him was to file an application before the High Court Division under section 24 of the Code, instead, he filed successive applications before the trial Court, the District Judge and the High Court Division under the wrong provisions of law. Therefore, the High Court Division rightly discharged the Rule and as such, the impugned judgment and order does not call for any interference by this Court. However, if so advised, the petitioner can move the High Court Division afresh under section 24 of the Code. …Anwar Hossain(Md) =VS= Lutfar Nahar, (Civil), 2019 (2) [7 LM (AD) 189] ....View Full Judgment