High Court Division :Special Original Jurisdiction) Naima Haider J Mustafa ZamanIslam JJudgmentApril 13th, 2015.Mostafizur Rahman (Md) ………………………Petitioner VsRajshahi Krishi Unnayan Bank, and others …………………………. RespondentsRajshahi Krishi Unnayan Bank Employees Rules, 1988 Regulation 39(8) The law expressly provides the consequences for failing to complete the disciplinary proceedings within the stipulated period of 180 working days, which is mandatory and not directory in nature. ” …. (12) Rajshahi Krishi Unnayan Ordinance (LVIII of 1986) Section 34 Subordinate legislation cannot be given retrospective...
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...
(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 (Civil Revisional Jurisdiction) Sharif Uddin Chaklader JSheikh Md ZakirHossain JJudgmentOctober 14th, 2012.Glaxo Bangladesh Ltd. and another.……………… Defendant Appellant -Petitioners vsMd Badrul Islam. . . . Plaintiff- Respondent Opposite Parties Master and Servant One who exercises personal authority over another, is the master and that other is his servant. A person employed by another to render personal services to the employer is a servant. A servant employee is a person that attends another for the purpose of performing...
High Court Division (Criminal Revisional Jurisdiction) Syed MohammadZiaul Karim JANM Bashir Ullah JJudgment February 2nd, 2014. Selim-bin-Hakim @ Rubel ………..Accused-PetitionervsState ….. Opposite PartiesChildren Act (XXXIX of 1974) Section 6(1) No child shall be charged with or tried for any offence together with an adult. The trial Court in violation of the specific law conducted the trial of the juvenile offenders with the adult. The excuse given by the trial Court for the joint trial that the witnesses are same cannot...
Appellate Division (Civil) Md Abdul Wahhab Miah JMd Imman Ali JAHM Shamsuddin Choudhury JDabiruddin Ahmed Waqf Estate, represented by Mutwalli Daneshuddin Ahmed …………Petitioner vs Hafizuddin and others…………… Respondents*Judgment June 1st, 2015. Waqf Ordinance (1 of 1962) Section 50 The Waqf Administrator shall decide on whether a property is waqf or not. The suit filed by the plaintiff for declaration that it had the right, title and interest in the suit property was not maintainable in law but this provision of...
Guidelines for determination of seniority :Appellate Division (Civil) Surendra Kumar Sinha CJNazmun Ara Sultana JSyed Mahmud Hossain JHasan Foez Siddique JJudgmentFebruary 22nd, 2015.Government of Bangladesh and others……..PetitionersvsMd Mozammel Haque and another…….RespondentsCircular-2013Staff PatternThe cwicÎ-2013 has to be followed in respect of determination of seniority of the parties involved. The findings of the High Court Division are not in conformity with the cwicÎ-2013 as regards Rbej KvVv‡gv. ………….(10) Amatul Karim, Deputy Attorney-General, instructed by Md Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners. Md...
Appellate Division (Criminal) :Md Muzammel Hossain CJSurendra Kumar Sinha J Md Abdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Choudhury J Order March 9th, 2014.State…………………………..PetitionervsArman…………….RespondentsConstitution of Bangladesh, 1972 Article 103 The High Court Division enlarged the accused on ad-interim bail for a period of 6 (six) months. The learned Judge-in-Chamber without making any interim order of stay directed the office to place the matter in court for hearing. In the meantime the period of interim bail expired by...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam JKashefa Hussain JJudgment May 10th, 2015.Muksudul Alam (Md) and others …. Petitioner vs Commissioner of Customs & others. ………… RespondentsCustoms Act (IV of 1969) Section 81It would be just and proper to direct the Customs Authority to finally assess the imported goods under correct HS Code and determine the taxes, duties and other charges on consideration of the papers and documents submitted by the petitioner within 120 days from the date...
Bodiuzzaman Khan :This refers the article published in 67 DLR (2015) Journal 20 written by Mr Amit Kumar Dey. Metropolitan Magistrate. Dhaka. The author of the article observed that, “In practice it is seen that when the witnesses are examined the courts rarely ask any questions to the witnesses, fearing that their neutrality may be doubted. Over the years taking advantage of such lacuna, large number of criminals are escaping convictions. Judicial activism can prevent such lacuna and establish human...
Appellate Division (Civil) :Surendra Kumar Sinha CJNazmun Ara Sultana JSyed Mahmud Hossain JOrascom Telecom Bangladesh Limited…… Petitioner (In CP No. 327/11)Chief Executive Officer, Grameen Phone Limited………..Petitioner(In CP No. 342/11)Vs Kalipada Mridha and others……Respondents(In both the petitioner)JudgmentMay 11th, 2015Constitution of Bangladesh, 1972Article 4(2)National Anthem Rules, 1978Schedule-1, Column-1The national anthem is the nation’s cherished property. We protect the national anthem because it is an important song of national unity. Bangladeshis regard the national anthem with an almost mystical reverence regardless of what sort...
High Court Division :(Special Original Jurisdiction) Zubayer RahmanChowdhury JMahmudul Hoque JJudgmentApril 30th, 2015Abdul Jali1 (Md) & others ………………….Petitioners vs Judge, Artha Rin Adalat, 2nd Court, Dhaka, & another…………. Respondents Code of Civil Procedure (V of 1908) Order XXI, rule 37 Artha Rin Adalat Ain (V111 of 2003) Section 34(1) Bank without taking recourse to provisions of law directly filed an application praying for issuance of warrant of arrest and order of detention which is palpably illegal and contrary to the...
