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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
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