High Court Division (Criminal Miscellaneous Jurisdiction) Md Rezaul Hasan J Kashefa Hussain J Nurul Islam ……………………….. …………….Accused-Petitioner vsState and another ……….. ………. Opposite-PartiesJudgment June 6th, 2016Penal Code (XLV of 1860) Sections 406 and 420 Negotiable Instruments Act (XXVI of 1881) Section 138 The offence committed under Sections 420 and 406 are totally different from one committed under Section 138(1) of the Negotiable Instruments Act, 1881, while the ingredients as well as the reliefs and punishments provided for, under two laws...
Appellate Division (Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain J Hasan Foez Siddique J Government of Bangladesh, represented by the Secretary, Ministry of the Local Government, Rural Development and Co-operative, Bangladesh Dhaka and others Petitioners vsMosaddek Hossain (Md) and others-RespondentsJudgment March 5th, 2017 Local Government (City Corp.) Act (LX of 2009) Sections 9 and 13 There is no bar in entertaining the writ- petition and deciding the case on merit, even though, the writ-petitioner may be a person wanted...
The Supreme Court has outlined a 39-point code of conduct for judges in the decision reinstituting the Supreme Judicial Council and declaring the 16th constitutional amendment illegal.The details below:(1) A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and should personally observe those standards so that the integrity and independence of the judiciary is preserved.(2) A judge should respect and comply with the constitution and law, and should act at all times in a manner that...
(From previous issue) :‘However, the authority concerned decided that the Service Rules, 1989 of the abolished City Corporation will remain applicable for regulating and controlling the services of the employees of those two City Corporations. He submits that all on a sudden, the Respondents issued Memo No-05.132.046.00.00.011.2011-338, dated 29-3-2012 (Annexure-‘E’) under the signature of Respondent No.3, transferring Respondent Nos. 6 & 7 to the post of Chief Accounts Officer of Dhaka North City Corporation and Dhaka South City Corporation from...
(From previous issue)8. All on a sudden, an ‘Office Order’ dated 23-10-2012 was issued under the signature of the Respondent No.9, transferring /vesting his service from Dhaka South City Corporation to the North City Corporation. On 25-10-2012, the petitioner joined the post of Deputy Chief Accounts Officer of Dhaka North, City Corporation. Accordingly, an office order, dated 27-1-2013 was issued under the signature of Respondent No.8, Secretary Dhaka North City Corporation. 9. It is further stated that all on a...
Kazi Mokhles Uddin Ahmed : 1. In 2012 International Narcotics Control Strategy Report (INCSR)1 the mark of Bangladesh is in “major money laundering countries” that are in the “Countries/ Jurisdictions of Concern” category are identified and require the country’s most attention. Identification as a “major money laundering country” is based on whether the country or jurisdiction’s financial institutions engage in transactions involving significant amounts of proceeds from serious crime. Bangladesh as a country or jurisdiction’s legal framework to combat money...
Appellate Division(Civil) Md Abdul Wahhab Miah J Md Imman Ali JAHM ShamsuddinChoudhury J Abdul kalam (Md) ……………………….Petitioner Md Mohiuddin and others………….…………….. Respondents* Judgment May 19th, 2015 Code of Civil Procedure (V of 1908) Order VII, rule 11 Specific Relief Act (I of 1877) Section 21A(b) The deposit of the balance consideration of the contract before filing -a suit for specific performance of the contract is a condition precedent and that having not been done in the case, that suit was...
Appellate Division :(Civil) Md Abdul Wahhab Miah JMd Imman Ali JJudgment April 29th, 2015Shamsul Huq Molla …. Appellant vs Shunil Chandra Biswas …….. Respondent Easement Act (V of 1882) Section 15 The requirement of the law is that in establishing the right of easement it has to be shown that the right was openly enjoyed as an easement, and as of right, without interruption for 20 years and the period of 20 years shall be taken to be a period ending...
High Court Division : (Special Original Jurisdiction)Quamrul IslamSiddique JRazik-al-Jalil JBellal Hossain Miah and anothers ………PetitionervsGovernment of Bangladesh and others …..RespondentsJudgment May 5th, 2016Constitution of Bangladesh, 1972 Article 102(2) Dhaka Municipal Corporation Ordinance (XL of 1983) Section 157 Organogram and Service Rules are different things. Organogram means an organizational chart, showing graphically the relation of one official to another or others of an establishment. It is also used to show the relation of one department to another or others, or of one...
(From previous issue) :It is also admitted that treafter the petitioner has filed a departmental apeal. But the said appeal was dismissed by an order dated 23-7-2001. Subsequently the petitioner has filed an application under Section 4(2) of the Administrative Tribunal Act, 1980, before the Administrative Tribunal, Dhaka, challenging the aforsaid order dated 23-7-2001, which was registered as Case No. 160 of 2001. The Administration Tribunal, by an elaborate judgment and order dated 19-4-2003, rejected the case of the petitioner...
High Court Division :(Special Original Jurisdiction) Md Rezaul Hasan JKashefa Hussain JKhandokar Kamrul Hasna…………………………………………………Petitioners vsGovernment of the People’s Republic of Bangladesh, represented by the Principal Secretary, Prime Minister’s Office and others ………………………… Respondents* Judgment August 2nd, 2016Constitution of Bangladesh, 1972 Article 102 A departmental proceeding is not same as a criminal proceeding. It is not necessary in a departmental proceeding that any persons should be found guilty beyond reasonable doubt, a stand of proof required in a criminal proceeding. The...
(From previous issue) :10. The learned Advocate further submits that since the respondents gave consent to supplying the gas to the petitioner’s Power Plant, their inaction to give gas connection to the petitioner’s Power Plant is also barred by the principle of promissory estoppel inasmuch as the Government is bound by its own decision and promise and accordingly, the Rule may be made absolute with the direction upon the Government to give gas connection to the petitioner’s Power Plant immediately....
