(From previous issue) :“? ???? ?????????? ???? ???????? ??? ‘?’ ??????? ??? ?? ??????? ?????? ???????? ???? ??-?-???? ?????? ?????? ??? ??? ?? ??? ???? ???? ???? ?????? ????? ?????? ??? ?? ??????? ????????? ???? ?????? ????? ?????? ????? ???????? ?? ??? ??????????? ??? ????????? ??? ? ???? ????? ??? ??? ??? ???? ???? ?????? ???????? ????? ????? ?????? ?? ?? ? ?????????? ??? ???? ???? ????? ????? ???? ??? ???????? ????? ?????????? ???? ?????? ??? ?????? ????????? ????????? ??????...
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...
(From previous issue) :4. Mr Khandaker Shariar Shakir, the learned Advocate appearing for the Petitioner submits that admittedly the Petitioner as constituted attorney of Abid Hossain, son of SG Mustafa, has been possessing the case property since 1982 and before that Abid Hossain was in possession. In this situation the Respondent-Government ought to have served a notice under Article 7 of PO 16 of 1972 upon the owner or the occupier asking them to surrender the possession of the property...
High Court Division :(Special Original Jurisdiction) Zubayer Rahman Chowdhury JMahmudul Hoque JJudgmentJuly 8th, 2015.Shamsun Nahar Begum Shelly ………..PetitionervsBangladesh, represented by the Secretary, Ministry of Housing and Public Works and others………..Respondents Abandoned Buildings (Supplementary Provision) Ordinance (LIV of 1985) Sections 2(b), 9 and 10 The Court of Settlement without following a judicial approach in determining the question of facts unfortunately passed the judgment without giving a judicial consideration of the whole dispute between the parties. ………..(20) Bangladesh Abandoned Property (Control, Management...
High Court Division :(Special Original Jurisdiction) AFM Abdur Rahman JFRM Nazmul Ahasan JJudgment November 15th, 2012Ashraful Kamal (Md) ………Assessee–Applicant vsCommissioner of Taxes Dhaka ………… ……….. RespondentIncome Tax Ordinance (XXXVI of 1984) Sections 35(4) and 83(2) The DCT can resort to the provisions of Section 35(4) of the ordinance even for a professional, but in order to deal with the assessee, who is an Advocate of the Bangladesh Supreme Court, the exact way to estimate the income lies in the consultation...
(From previous issue) :10. In the first circular it was mentioned that to reserve the vacant posts for absorbing the surplus employees due to administrative rearrangement and future probable administrative re-arrangements usually sanction from Ministry of Establishment is required to fill-up the posts under government revenue through direct appointment of every Ministry, Department, section and all sections under those offices and all autonomous, semi-autonomous organizations. But no such sanction is necessary for the following posts: (a) All posts under cadre...
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...
(From previous issue) :He submits further that the predecessor on the petitioners got order of acquittal from the charge brought against him. Against which the government preferred an appeal in which he had been abated after his death. He submits further that the departmental proceeding was also withdrawn by the concerned authority and subsequently? the concerned authority obtained the opinion as desired from the learned government pleader in respect of the service benefit of the petitioners wherein the learned pleader...
High Court Division :(Special Original Jurisdiction) Farah Mahbub J Kazi Md Ejarul Haque Akondo JDutch Bangl Bank Limited ………Petitioner vsJudge, Artha Rin Adalat No.3, Dhaka and others …………. Respondents JudgmentJuly 2nd, 2015Artha Rin Adalat Ain (VIII of 2003) Section 33(2ga) If it has been informed by the decree holder bank that the proposed bid offer is shockingly low the Adalat upon endorsing the reason thereof may reject .the proposal of the highest bidder. In the present case, such reason is...
High Court Division :(Special Original Jurisdiction) Hasan Foez Siddique JJahangir Hossain JHonufa Begum and others ………Petitioners vs Secretary Ministry of Posts Telegraph and Telecommunication and others. …….Respondents· JudgmentAugust 7th, 2011Administrative Tribunal Act, 1980 (VII of 1981) Sections 4 and 7A Only the servant of the republic may apply before the Tribunal or his heirs may be substituted in the case if he dies during pendency of the case filed by him against his removal or dismissal from service. But there...
High Court Division :(Criminal Miscellaneous Jurisdiction)AKM Asaduzzaman J Md Ashraful Kamal JJudgmentJuly 20th, 2011Ferdous Khan (Md)……..PetitionerVsState and others……..Opposite-PartiesNegotiable Instruments Act (XXVI of 1881)Section 138Legislature do not intent to serve notice one after another, in fact any one form therein is enough to serve the notice if it is found to be served properly as per law, in the premises if the notice returned unserved when it is served through registered post it is enough, and to be held as good...
Appellate Division (Civil) :Surendra Kumar Sinha CJNazmun Ara Sultana JSyed Mahmud Hossain JHasan Foez Siddique JJudgment July 27th, 2015Asaduzzaman (Md)………….PetitionervsGovernment of Bangladesh represented by the Secretary, Internal Resources Division Ministry of Finance and another….. RespondentsGovernment Servants’ (Discipline and Appeal) Rules, 1985Rule 25If there be any prosecution or legal proceeding against a government servant pending in any court on the same issue, there shall be no bar in the disposal of the departmental proceedings against him, but if the authority decides...
