High Court Division :(Special Original Jurisdiction) Md Moinul Islam Chowdhury J JBM Hassan J Anowara Chowdhury and others………..Petitioners vsBangladesh and others ………..Respondents JudgmentMarch 11th, 2014 Teachers and Non-Teaching Staff of Nationalized Colleges Absorption Rules, 2000Rule (Q)Relaxation is not without any specific terms and conditions because the petitioners have to qualify as per the requirement of the BCS Cadre Service within 3 years from the date of absorption as the lecturers, otherwise, the petitioners would certainly loose the benefits of the...
(From previous issue) :10. Thus, upon a minute reading of Article 102(5) in tandem with Article 117, we hold that this Court lacks its jurisdiction in entertaining an application by any Government servant with regard to any grievance relating to the issue of Government accommodation as the same is directly linked with his/her service conditions. 11. Apart from impugning the action of the respondents as to cancellation of the petitioner’s accommodation, the petitioner has also challenged the vires of section...
High Court Division :(Special Original Jurisdiction) Quamrul Islam Siddique J Md Khurshid AlamSarkar JJudgment August l1th, 2014.SM Shah Jama1………..…………………Petitioner vsGovernment of Bangladesh and others …. ………..Respondents”. Constitution of Bangladesh, 1972 Article 102(2) Entitlement to an accommodation is an integral part of the service condition of a Government servant inasmuch as his engagement in the service of the Republic endows him with the said entitlement of enjoying an accommodation facility at a nominal cost and, therefore, it is an irresistible conclusion...
High Court Division :Criminal Miscellaneous Jurisdiction) Md Emdadul Huq J FRM Nazmul Ahasan JShariful Haque (Md) …………………….Petitioner vsState represented by the Deputy Commissioner, Dhaka & another……………. Opposite Parties* Judgment December 14th, 2017 Negotiable Instruments Act (XXVI of 1881) Section 140 The trial Court should amend the charge by incorporating a reference to 140 of the Act, with further statement that the accused issued the cheque as an office bearer of the Company and that he is liable to be prosecuted....
Appellate Division L :(Civil) Surendra Kumar Sinha CJ Syed Mahmud Hossain JHasan Foez Siddique JMirza Hussain Haider JOrderMay 9th, 2016Government of Bangladesh and others ………Petitioners vsMahmudur Rahman ……and another ……………….. Respondents* Code of Criminal Procedure (V of 1898) Section 167 Order May 9th, 2016 It is now settled that an accused person cannot be shown arrested without being produced in court and without afforded an opportunity of being heard through his lawyer. The manner in which the respondent is being...
High Court Division (Special Original Jurisdiction) Md Rezaul Haque J Md Khurshid AlamSarkar JBangladesh Krishi Bank and another ………………………. PetitionersvsJoint District Judge, 1st Court and Artha Rin Adalat & others Munshigonj………………….…………….RespondentsJudgment May 3rd, 2016 Limitation Act (IX of 1908) Sections 19(1), 20, 180 and 182(2) Artha Rin Adalat Ain (VIII of 2003) Section 28 Mere acknowledgement of liability and payment is enough, such acknowledgement and payment is the foundation of an action. It is well settled that the acknowledgement or...
High Court Division :(Special Original Jurisdiction)Zinat Ara J AKM Shahidul Huq JWakil Uddin (Md) and others ………Petitioners vs Government of the People’s Republic of Bangladesh, represented by the Secretary of Ministry of Education Dhaka others ………… Respondents'”JudgmentNovember 23rd, 2015.Constitution of Bangladesh, 1972 Article 102(2) There is no Gazette Notification of the Nitimala and so there is no such legal provision to nationalize the private School. Government failed to show that the Government can nationalize private School under any law without...
(From previous issue) :Accordingly the Ministry of Education and the Directorate of Secondary and Higher Education issued the above mentioned 2 letters dated 22- 10-2013 and 30-10-2013 respectively all the process for nationalization of the said school was started from the initiation of the petitioner No. 1. But very surprisingly the writ petitioner denied his knowledge about the said process of nationalization of the said school. The petitioners for getting illegal gain filed this writ petition without considering the future...
Appellate Division :Md Muzammel Hossain CJSurendra Kumar Sinha JMd Abdul Wahhab Miah JSyed Mahmud Hossain JGovernment of Bangladesh and others…………PetitionersvsMd Aminul Islam and others——–RespondentsJudgmentJuly 29th, 2013Constitution of Bangladesh, 1972Articles 102(2) and 111As the writ-petitioners rendered service to the Board till February, 2003 they are surely entitled to get the salary and fringe benefits upto February, 2003 from January, 1998. The writ-respondents did not deny the facts asserted in the writ petition and thus the claim of the writ-petitioners that the...
(From previous issue) :The High Court Division further observed that from the materials, it was found that 392 employees of the project were absorbed in the revenue set up after its completion; the writ-respondents received that service from the writ-petitions from about 7 (seven) years till 2003 (it would be February, 2003) after the end of the project in 1995, but the writ-petitioners were paid salaries upto 1998 and thereafter, they rendered services “till 2003 with the sky high expectation”...
Dr. M Abul Kashem Mozumder and Dr. Md. Shairul Mashreque :A number of studies have appeared on the topic like gram adalat((Masahreque 1995, 2002, Mashreque and Amin 1995, and Sultan 1978, Karim and Rahman 2008, Preeti Sikdar 2016 Ven Beurden and Arens 1977). We may have much to have an objtctivre understanding about the adjudication process at the micro level. Gram adalat was a functional entity in traditional villages that are not exposed to the process of modernization . It...
Appellate Division (Civil) :Surendra KumarSinha CJNazmun Ara Sultana JSyed MahmudHossain JHasan Foez Siddique JJudgmentDecember 14th, 2015Government of Bangladesh and another …PetitionersvsMd Abul Kalam Azad and others………….RespondentsAdministration of justice For proper administrative and control of the lower judiciary, the Judges of the High Court Division and Chief Justice usually inspect the lower courts every year. In course of their inspections it is found that in all district courts the smooth functioning and transacting its business are being hampered due to shortage...