(From previous issue) :In coining to the said finding, the High Court Division relied upon Memo No. wkí/¯^m-5/ eGmwUAvB-4/87/316/1/ 1(4) dated 29-31989 and also Memo Nos. weGmwUAvB/2(4)/72-LÛ-1/3117(2) dated 12-4-1989 weGmwUAvB/ 2(4)/72-LÛ-1/ 3188(2) dated 10-1-1996. The High Court Division observed that the contention of the contesting respondents that the service of the writ-petitioner was not regularized, had no factual and legal basis, any failure/refusal to recognize the seniority with effect from the date of appointment or regularization of service amounts to...
Appellate Division :(Criminal)Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique JShahidul Islam @ Shahid ……….…………..Petitioner vs State………….………… Respondent Judgment March 5th, 2017 Code of Criminal Procedure (V of 1898) Section 374 Delay in the disposal of the case cannot by itself be a ground for commuting the sentence of death to one of imprisonment for life since the crime committed by the petitioner was premeditated senseless, dastardly and beyond all human reasonings. . ….. (8) Sections 374...
Appellate Division :(Civil) Md Abdul Wahhab Miah J Nazmun Ara Sultana JMd Imman Ali JHasan Foez Siddique JJudgment August 13th, 2015.Major General Abdus Salam (Retd) …………..Petitioner (in both cases) vs Bangladesh Election Commission and another……..…………Respondents* (in both cases) Representation of People Order (PO 155 of 972) Articles 2(ii) and 49(1) The petitioner being a proposed “candidate” for election as a Member of the Parliament for the Constituency in question, he had every locus standi to file the election petitions and...
Taimur Alam Khondaker :Bangladeshi men and women migrate willingly to Saudi Arabia, Bahrain, Kuwait, the United Arab Emirates (UAE), Qatar, Iraq, Lebanon, Malaysia, Liberia, and other countries for work, are often under legal and contractual terms. Most Bangladeshis who seek overseas employment through legal channels rely on the 724 recruiting agencies belonging to the Bangladesh Association of International Recruiting Agencies (BAIRA). These agencies are legally permitted to charge workers up to $1,235 and place workers in low-skilled jobs typically paying...
(From previous issue) :In the reported decision one Md. Alauddin, filed a suit for declaration of the nullity of the order of his dismissal from service in a co-operative land mortgage bank on the ground that he was a government servant. The trial Court dismissed the suit and the lower appellate Court affirmed the judgment of the trial Court, but the High Court Division in revision held the order of dismissal was a nullity. It was contended by the learned...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Md Ataur Rahman Khan JAli Ajgar (Md)………..……………………..Petitioner vsBangladesh represented by the Secretary Ministry of Finance, Bangladesh & others ….. …………. Respondents* JudgmentJuly 28th, 2016Artha Rin Adalat Ain (VIII of 2003) Section 34(9) Order of warrant of arrest is not a punishment but only a specific tool for recovery of outstanding dues. The law is well settled which is no longer a res integra. Section 34(9) of Ain enjoins that at...
(From previous issue) :In support of his submissions he cites a decision of this court in the case of Mohammad Atikur Rahman vs Ainunnahar reported in 7 BLT 241. Drawing in analogy from the 7 BLT decision, he submits that in that case the court up held the principle that the defendant being the husband and not a pardahnashin lady he cannot be represented by an agent. Relying upon his submissions and the relevant provisions of the Family Courts Ordinance...
High Court Division :(Criminal Miscellaneous Jurisdiction) Sheikh Abdul Awal J } Abdul Awal (Md)…………… (Bhishmadev } …………Accused-Petitioner Charabortty J } vsJudgment } State and another ………January 7th, 2019 } ………………Opposite-Parties Negotiable Instruments Act (XXVI of 1881) Section 138 The proposition of law is well settled that on the basis of defence plea or materials, the proceedings should not be stifled before trial, when there is a prima-facie case for going to the trial. The accused-petitioner on 9-5-2017 issued a cheque...
High Court Division :(Special Original Jurisdiction) Zinat Ara JKazi Md Ejarul Haque Akondo J Abdul Awal Patwary Dhaka Bangladesh…………Petitioner VSPeople’s Republic of Bangladesh represented by the Secretary Ministry of Finance and Planning Bangladesh Dhaka and others………………………Respondents Judgment March 22nd, 2018 Bank Company Ac (XIV of 1991)Section 17The intention of the legislature is that the provision of Section 17 of the Ain, applies to a director of a bank company irrespective of the fact as to whether the loan was obtained or...
(From previous issue) :Provided further that no such application shall be entertained by the Administrative Tribunal unless it is made within six-months from the date of making or taking of the order, decision or action concerned or making of the Decision on the matter by the higher administrative authority, as the case, may be. (3) In this section “person in the service of the Republic 3[or of any statutory public authority]” includes a person who is or has retired or...
High Court Division :(Criminal Miscellaneous Jurisdiction) M Enayetur Rahim J Shahidul Karim JAbdus Salam … Petitioner vsState and another ……… ……… Opposite PartiesJudgmentMay 24th, 2017Anti-Corruption Commission Act (V of 20(04) Section 2(O) Corruption-Whatever amendment is made in the definition of “????????? ??????” in the Money Laundering Ain, 2012, the Commission is not precluded from making inquiry and investigation relating to the offence of any kind o? “????????” under the Money Laundering Act, 2012 besides other investigation agencies, including this particular...
High Court Division :(Civil Revisional Jurisdiction) Sharif UddinChaklader JAKM Shahidul Huq JTowhidur Rahman (Md) Mandol Plaintiff-Respondent-Petitioner vs Principal, Rangpur Model College and others ………….Proforma-Defendant-Respondent Opposite-Parties” Judgment July 30th, 2013. Natural Justice The expression “natural justice” may not be capable of precise definition. But the basic and fundamental requirements of “natural justice” are well known and have been repeatedly affirmed by courts of highest authority. Particular forms of legal procedure may not be necessary, but it is of the very essence...