Act/Law wise: Judgment of Supreme Court of Bangladesh (AD)



Local Government (City Corporation) Act, 2009
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Section 9(2)(ga)

The term 'election' includes the whole election process passing through several stage and a dispute in any stage is an election dispute which can be challenged and determined only by an election petition after conclusion of the final stage of the process. Law does not contemplate intervention of any Court during any intermediate stage of the election process. Iqbal Hossain (Md) vs Bangladesh 17 BLC (AD) 42.

Iqbal Hossain (Md) vs Bangladesh 17 BLC (AD) 42
Sections 9 & 13

The writ-petitioner may be a person wanted in a criminal case by virtue of the order dated 7-3-2016 passed in GR No.4477 of 2012. Because at the time of issuance of Rule Nisi, he was not a fugitive and the subsequent development of the criminal case or any other criminal proceeding would not be a bar to entertaining his case in writ jurisdiction unless it is found that he has become disqualified to hold the office as a specified in section 9 or 13 of Ain, 2009. .....Ministry of LGRD =VS= Mosaddek Hossain, (Civil), 2017 (2)– [3 LM (AD) 399] ....View Full Judgment

Ministry of LGRD =VS= Mosaddek Hossain 3 LM (AD) 399
Section 12 (1)

The Appellate Division held that the provision of suspension of an elected Mayor or Councilors of the City Corporation as contained in section 12 (1) of the Ain, 2009 is generally consistent with, or intra vires the Constitution. In other words, section 12 (1) is not generally ultra vires the Constitution. In the instant case, the arbitrary exercise in discretionary power is apparent from the certified copies of the charge-sheets submitted in various police cases. The same charge-sheets were submitted against the writ-petitioner being the elected Mayor and also against a number of Ward Councilors of the same City Corporation and the same have been accepted by the Court. But the Government has opted not to suspend those Councilors. Such an action against the writ-petitioner is no doubt discriminatory and arbitrary. Government of Bangladesh, represented by the Secretary, Ministry of the Local Government, Rural Development and Co-operative, Bangladesh Secretariat, Shahbagh, Dhaka and others.
Md. Nizam-ul-Azim -Vs.- Mohammad Mosaddek Hossain and others. (Civil) 11 ALR (AD) 119-122

Md. Nizam-ul-Azim -Vs.- Mohammad Mosaddek Hossain and others 11 ALR (AD) 119
Section 87(2)

The Arbitration Act, 2001
Section 3(3), 6, 7A & 12 r/w
Local Government (City Corporation) Act, 2009
Section 87(2)
In Section 3 clause 11 of the lease agreement dated 24.06.2023, it is found that, there remains the Arbitration Clause, where it has been provided, inter-alia, for reference to arbitration consisting of arbitrators of whom the Petitioner and the respondent No.6 shall nominate one Arbitrator, in case of disputes arising between the parties thereto in connection with or arising out of the said contract. It was further provided that two of the arbitrators, appointed by both the parties, will nominate one umpire who will be the Chairman of the Arbitration Tribunal. ––In that view of the matter this Civil Petition is disposed of. Mr. Hasan Foez Siddique, former Chief Justice of Bangladesh is hereby appointed as chairman of the Arbitration Tribunal and Mr. Moyeenul Islam Chowdhury, former Judge of the High Court Division, Supreme Court of Bangladesh is appointed as arbitrator representing the Dhaka North City Corporation. However, the remuneration of the Chairman of the Arbitration Tribunal shall be fixed at a sum of taka 10,00,000/- (ten lacs) in total. The parties are directed to bear all the expenses equally. ––The arbitration Tribunal shall act in accordance with law. All the observations and directions of the High Court Division in the Judgment and order dated 06.04.2023 in Arbitration application No. 01 of 2021 is hereby declared redundant having no bearing upon any legal proceedings. .....Dhaka North City Corporation (DNCC) =VS= Learned District Judge, (Civil), 2024(1) [16 LM (AD) 605] ....View Full Judgment

Dhaka North City Corporation (DNCC) =VS= Learned District Judge 16 LM (AD) 605
Delimitation––

Local Government (City Corporation) Establishment Regulations, 2010
Rule 5
Local Government (City Corporation) Ain, 2009
Delimitation–– The judgment and order of the High Court Division so far it relates to the first portion “The impugned S.R.O. No.16-Ain/2013” published in the Bangladesh Gazette on 16-Ain/2013 Notification bearing Memo No.46.00.0000.071.18.058.17.199 dated 03-04-2018 and Notification bearing Memo no. 17.00.0000.034.37.006.18-172 dated 03-04-2018 is hereby declared to have been passed without lawful authority and is of no legal effect so far (i) Dakkhin Boroibari (ii) Domna, (iii)Shibrampur(part), (iv)Panchim Panishile (part). (v) Panishile(part) and (vi)Domnag (part)under Shimulia Union, Upazilla-Savar, District –Dhaka are concerned,” is hereby set aside.
The second portion of the order is modified to the extent that the direction upon the writ-respondents to remove the burden of double taxes in respect of 06(six) Mouzas Namely (i) Dakkhin Boroibari (ii)Domna, (iii) Shibrampur (part),(iv)Panchim Panishile(part). (v) Panishile (part) is hereby affirmed. ––City Corporation, Gazipur is permitted to impose and realize taxes following the provisions of law and ongoing project development work of the wards of the area shall continue accordingly. .....Gazipur City Corporation =VS= A.B.M. Azharul Islam, (Civil), 2023(2) [15 LM (AD) 141] ....View Full Judgment

Gazipur City Corporation =VS= A.B.M. Azharul Islam 15 LM (AD) 141