High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam JAnd Justice KashefaHussain JJudgmentMay 19th, 2015.Proshad ChandraBiswas PetitionervsMd Moklesur RahmanBhuiyan and others …..…….. Contemners- RespondentsConstitution of Bangladesh, 1972 Article 108 The apology that has been tendered by the contemner No.2, has come from his pen and not from his heart. This gentleman certainly had indulged in excesses in not implementing the positive direction of this Division which was clear and unambiguous. This executive fiat is detestable, atrocious and outrageous. We term...
(From previous issue) :Only 27 percent of the mothers received a postnatal checkup from a trained provider within two days of delivery.Discrimination: The constitution declares all citizens equal before the law, with entitlement to equal protection of the law. It also explicitly recognizes the equal rights of women “in all spheres of the state and of public life.” Nevertheless, women do not enjoy the same legal status and rights as men in family, property, and inheritance law. Under traditional Islamic...
(From previous issue)Corruption remained a serious problem within the judiciary and was a factor in lengthy delays of trials, which were subjected to witness tampering and intimidation of victims. Several reports by human rights groups and corruption watchdog groups indicated growing public dissatisfaction with the perceived politicization of the judiciary.Financial Disclosure: Candidates for parliament file statements of personal wealth with the Election Commission. The ACC dropped investigations of some politicians for amassing wealth unexplained by known sources of income after...
High Court Division :(Special Original Jurisdiction) Md Ashfaqul Islam J Kashefa Hussain JRamjan Ali Tarafder (Md) ……….Petitioner vsBangladesh and others ………..…………… RespondentsJudgment February 22th, 2015Artha Rin Adalat Ain (VIII of 2003) Sections 12(1)(2)(4) and 33Since the auction of the concerned property of the petitioner was not sold in auction in pursuance of a decree or order as envisaged under Section 33 of the Ain but the auction was made prior to filing of the suit in pursuance to sub-section 1...
Appellate Division :(Criminal) Md Muzammel Hossain CJ Md Abdul Wahhab Miah JNazmun Ara Sultana JSyed Mahmud Hossain JMd Imman Ali J Md Shamsul Huda JAnarul @ Anarul Huq ………..Appellant (in both the cases) vsState … Respondent (in both the cases)Judgment January 5th, 2012Constitution of Bangladesh, 1972 Article 104 Penal Code (XLV of 1860) Section 302 Nari-o-Shishu Nirjatan Daman Ain (VIII of 2000) Section 11 (Ka) The prosecution miserably failed to prove the case of dowry. So no case was proved...
(From previous issue) :Freedom of Movement……….The law provides for freedom of movement within the country, foreign travel, emigration, and repatriation, and the government generally respected these rights, except in two sensitive areas, the CHT and Cox’s Bazar.The government did not fully cooperate with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, and other persons of concern. For example, the government did not allow the UNHCR to...
Executive Summary :Bangladesh is a secular, pluralistic parliamentary democracy with a vibrant civil society. Prime Minister Sheikh Hasina and the Awami League (AL) retained power in the January 5 parliamentary elections, which were preceded by months of political turmoil and violence perpetrated by several political parties. After the opposition Bangladesh Nationalist Party (BNP) and its allies boycotted the election and engaged in a series of violent strikes in a dispute over the composition of the government that oversaw the elections,...
(From previous issue)5. In the aforesaid circumstances, having no other way, the petitioner sent a Notice Demanding Justice on 22-7-2012 requesting the respondent Nos. 1, 2 and 3 to release the awarded compensation in respect of the scheduled land in favour of the heirs of the said Md Akkas Ali. But the respondent Nos. 1, 2 and 3 did not take any action in this regard. 6. Being aggrieved by and dissatisfied with the inaction of respondent Nos.1, 2 and...
High Court Division (Special Original Jurisdiction) Farah Mahbub J Md Ejarul Haque Akondo J JudgmentMarch 9th, 2014.Hossain Ali (Md) and 22 others ” .Petitioners VsBangladesh, represented by the Secretary, Ministry of Education and others …………….RespondentsConstitution of Bangladesh, 1972 Articles 27 and 29 Bangladesh Civil Service RecruitmentRules, 1981 Rule 8(1)(a) Rule provides with the power of relaxation of the condition of length of experience for promotion in exceptional cases but since the petitioners and the persons whose length of experience had...
Appellate Division (Criminal)Surendra KumarSinha CJNazmun Ara Sultana JSyed MahmudHossain JAli Haider Chowdhury ………Petitioner vsState represented by the DC, Dhaka and anr…. RespondentsJudgment February 11th, 2015Code of Criminal Procedure (V of 1898) Section 161Anti-Corruption Commission Rules, 2007 Rule 10 Penal Code (XLV of 1860) Section 109 The petitioner was neither named in the FIR nor in the statements, of the witnesses under section 161 of the Code, he was a beneficiary of the alleged illegal transaction which was allegedly done in...
Appellate Division :(Civil) Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md Anwarul Haque J Judgment April 10th, 2012. Government of Bangladesh and others … Petitioners vsJamaluddin and another ……..………….RespondentsConstitution of Bangladesh, 1972 Article 102 Admitedly, all the three educational institutions in questions were included in the list of MPO by the authority concerned. Before excluding these educational institutions from the list of MPO the authority concerned ought to have assigned reasons for doing so and...
High Court Division :(Special Original Jurisdiction) Naima Haider J Zafar Ahmed J Judgment February 2nd, 2014. Shafi-ul-Azam (Md)……..Petitioner vsThe Deputy Commissioner, Dhaka and others … RespondentsState Acquisition & Tenancy Act (28 of 1951)Section 144(7) Constitution of Bangladesh, 1972 Article 102 Acquisition & Requisition of Immovable Property Ordinance (II of 1982) Section 7 Circle Officer being a governmental authority passed the order mutating the land in favour of the predecessors of petitioner divesting any right, title or interest of Government in...
