Act/Law wise: Judgment of Supreme Court of Bangladesh

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Grameen Bank Ordinance, 1983
Section/Order/Article/Rule/Regulation Head Note
Section 14(1)

Grameen Bank Ordinance, 1983 (Amended on 31st July, 1990)
Section 14(1) read with
Constitution of Bangladesh, 1872
Article 102
Prof. Muhammad Yunus challenged these two orders in Writ Petition No.1980 of 2011 in the High Court Division claiming that he was appointed as Managing Director as per resolution of the Board in accordance with section 14(1) of the Ordinance, that the Grameen Bank Ordinance having not conferred any power upon the Bangladesh Bank to dictate or determine the terms and conditions under which the Managing Director would serve Grameen Bank, the impugned orders are unlawful. 9(nine) Directors of Grameen Bank, the petitioners in Civil Petition No.641 of 2011, moved another petition being Writ Petition No.1891 of 2011 in the High Court Division challenging the aforesaid two letters raising self-same grounds.
That the writ petition filed by 9(nine) Directors is not maintainable on two grounds firstly, they are not 'aggrieved persons' within the meaning of Article 102 of the Constitution and secondly, since the aggrieved person Prof. Muhammad Yunus having challenged the impugned orders himself, they have no locus-standi to challenge the same orders by a separate petition for, if such process is allowed multiplicity of proceedings would crop up and there would be likelihood of conflicting decisions over the same subject matter, in which event, instead of doing justice, the ends of justice would be defeated. The High Court Division declared the Regulations of 2001 being inconsistent with section 14 of the Ordinance invalid. True, a Subordinate law can not supersede the parent law but since no rule was issued in these matters, the High Court Division is not justified in declaring Regulations of 2001 invalid. These petitions merit no consideration which are dismissed with the above observations. ...Professor Muhammad Yunus =VS= Ministry of Finance, BD, (Civil), 2020 [9 LM (AD) 549] ....View Full Judgment

Section 14(1)

Retirement age of 60 years– Retirement age of 60 years, Prof. Muhammad Yunus had been continuing as Managing Director of the Bank as per decision of the Board without approval of the Bangladesh Bank in accordance with section 14(1) of the Ordinance, that his continuation in such office was not legal. ...Professor Muhammad Yunus =VS= Ministry of Finance, BD, (Civil), 2020 [9 LM (AD) 549] ....View Full Judgment