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...
High Court Division :(Special Original Jurisdiction)Md Imman Ali JSheikh Hasan Arif JJudgmentJanuary 20th, 2011Murseduzzaman (Md)…….Petitionervs Senior Assistant Secretary (Additional Charge), Ministry of Law, Justice and Parliamentary Affairs Dhaka and others……RespondentsMuslim Marriage & Divorce (Registration) Rules, 1975Rules 5(3A) and 41(2)Saving clause does not protect the interest of the petitioner, inasmuch as his application, although it was prior to the coming into force of the present Rules, will be treated as if it was made within the present Rules, and the present...
High Court Division :(Special Original Jurisdiction)Hasan Foez Siddique J Jahangir Hossain JHonufa Begum and others………Petitioners vs Secretary, Ministry of Posts Telegraph and Tele Communication and others………………… Respondents JudgmentAugust 7th 2011 Administrative 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...
(To be continued) :24. In our view, a person or a body incorporate when places himself/itself as a guarantor infavour of a person or business knowing fully-well the provisions of the Ain, 2003 and the BC Act, he cannot escape the liability, which he has taken on his shoulder inasmuch as the Ain’2003, in, unambiguous terms made a provision that the guarantor shall be liable for the payment of the loan sanctioned in favour of a loanee be it a...
High Court Division :(Special Original Jurisdiction) Md Rezaul Haque J Md Khurshid AlamSarkar JAbdur Rashid Bhuiyan (Md) ……………..Petitioner vsBangladesh Bank and others ………. RespondentsJudgmentFebruary 29th, 2016 Bank Company Act (XIVof 1991) Section 27(MM) Loan-defaulter-A loan-defaulter (†Ljvcx FY MÖnxZv) has been defined to be one who is a debtor/borrower/ Noanee-person (†`bv`vi e¨w³) or establishment /corporate body or company (cÖwZôvb ev †Kv¤úvbx) having availed a loan for him/itself or for the business-concern/ establishment/body-corporate, with which he/it is connected, fails to make the...
(From previous issue) :The learned Advocate further submits that the respondent No. 3 is a bonafide purchaser for value thorough the auction sale held and conducted in accordance with the provisions of law and, as such, he has already acquired right which cannot be frustrated by filing a separate suit in the Civil Court. The learned Advocate has relied on the case decision reported in Abdul Jalil vs Islamic Bank Ltd Bangladesh 53 DLR (AD) 12 and to put an...
High Court Division (Civil Appellate Jurisdiction)Khandker Musa Khaled J SH Md Nurul HudaJaigirder JAM Mostafiz Meah … Plaintiff-Appellants vsUnited Commercial Bank Ltd and others … …………. Defendants Respondents Judgment February 13th, 2012 Code of Civil Procedure (Vol of 1908) Sections 9 and 151 Order VII, rule 11(d) Artha Rin Adalat Ain (VIII of 2003) Section 12(8) Since there is specific restriction in Section 12(8) of the Ain, which is a special law, to challenge auction sale by filing any suit,...
Barrister M. A. Muid Khan :Prologue : “…There is absolutely no honour in so-called in so-called honour killings. It is violence and a criminal …for women to be murdered by their male relatives on the grounds of defending family honour…” (Theresa May, Prime Minister of United Kingdom)An honour killing is an act of vengeance, usually death committed by a family or the members of a family against another family member, due to the perpetrators’ belief that the victim has brought shame...
(To be continued)10. The principle laid down in 66 DLR case clearly shows that the authority has every right to amend/ alter the service Rules to suit the need of the time and, as such, there is no illegality in preparing the impugned circular with new terms and conditions but such new terms and conditions prepared by the authority shall not be applicable to the detriment or disadvantage to the privilege that existed at the relevant time when an employee...
Surendra Kumar :Sinha CJHasan Foez Siddique J Mirza HussainHaider JMohammad BazlurRahman JBangladesh Bank, and another …………Appellants vsSukamal Sinha Choudhury and another…………. Respondents*Judgment February 23rd, 2016 Constitution of Bangladesh, 1972 Article 102(2) Bank Company Act (XIV of 1991) Section 45 The authority has every right to amend/ alter the service Rules to suit the need of the time and, as such, there is no illegality in preparing the circular with new terms and conditions but such new terms and conditions prepared...
(From previous issue) :12. The Investigating Officer, holding investigation, submitted chargesheet against the appellant under section 9Ka of the Ain. In police report, the Investigating Officer, also narrated their previous disharmony in conjugal life and found the facts about the time, date and manner of occurrence mentioned in the FIR, prima-facie true. 13. The Doctor, holding autopsy, kept his opinion pending till arrival of the chemical examination report of the viscera of the victim. On chemical examination of viscera, the...
Appellate Division :(Criminal) Surendra Kumar Sinha CJ Nazmun Ara Sultana J Hasan Foez Siddique JSyed Mahmud Hossain J Dr APM Sohrab-uz-zaman …………Appellant vsState represented by the Deputy Commissioner Dhaka………………… RespondentJudgment January 20th, 2016 Nari-o-Shishu Nirjatan Daman Ain (8 of 2000) Section 9(Ka) Suicide and abetment-Uttering of abusive language will not amount to provocation to commit suicide and does not constitute abetment unless something more is done in pursuance of the said utterance of abuses ………(24) Nari-o-Shishu Nirjatan Daman Ain (8...
