Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Bangladesh Medical and Dental Council Act [LXI of 2010] | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Sections 4 and 5 |
The impugned decision raising the “cut-off” mark from 110 to 120 being
not taken by the BMDC was coram non-judice and as such illegal.
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Bangladesh, represented by the Secretary, Ministry of Health and Family Welfare -Vs.- Bangladesh Private Medical Colleges Association (BPMCA) | 12 ALR (AD) 139 |
Section 5(11), 5(20) and 5(24) |
It is generally said no one shall be permitted to profit by his fraud, or to take advantage of his own wrong–– The settled principle of law that one who comes to equity must come in clean hands. The respondent having resorted to fraudulent means cannot take shelter either under law or equity and, as such, the respondent should not be allowed to attend sit for examination and continue his medical studies. ––The BMDC has taken the decision after conducting necessary inquiry and cross matching the results with the records of the DG Health. As such, neither the BMDC nor the Gonoshasthaya Samaj Vittik Medical College did commit any illegality in issuing the impugned letters in refusing to grant registration to the Respondent No.1. .....Bangladesh Medical and Dental Council =VS= Shah Md. Arman, (Civil), 2022(2) [13 LM (AD) 548] ....View Full Judgment |
Bangladesh Medical and Dental Council =VS= Shah Md. Arman | 13 LM (AD) 548 |
Section 5 |
Council (BMDC) is empowered to deal with almost all the matters relating to
Medical and Dental Institutions including framing of guidelines etc. for
admission to M.B.B.S and B.D.S. courses– The impugned decision raising
the minimum “cut-off” mark from 110 to 120 was taken by a committee
headed by the respondent No.1 and not by the Council, namely, Bangladesh
Medical and Dental Council (BMDC) which has been formed as per law, namely,
Bangladesh Medical and Dental Council Act, 2010. Section 5 of this Act
shows that this Council (BMDC) is empowered to deal with almost all the
matters relating to Medical and Dental Institutions including framing of
guidelines etc. for admission to M.B.B.S and B.D.S. courses. The setting of
“cut-off” mark for being eligible for admission to M.B.B.S. and B.D.S.
courses falls within these powers of BMDC and as such the BMDC only is
empowered to fix or set the minimum “cut-off” mark for being eligible
for admission to these courses. Admittedly, the impugned decision raising
the “cut-off” mark from 110 to 120 was not taken by this BMDC, rather
it was taken by the respondent No.1 and some other persons. It might be
that some of the members of the committee which took this decision of
raising the “cut-off” mark were members of this BMDC also, but that did
not authorize that committee to assume the power of BMDC. So, it is
apparent that the impugned decision raising the “cut-off” mark from 110
to 120 being not taken by the BMDC was coram non-judice and as such
illegal.
|
Ministry of Health and Family Welfare, BD =VS= BPMCA | 8 LM (AD) 123 |
Sections 22(2), 25(2), 28(2), 29(2) and 30(2) |
The Appellate Division observed that if law authorized the competent
authority to initiate a criminal proceedings against them for violation of
law, a court of law cannot debar the authority to initiate proceedings for
violation of such law. Therefore, the High Court Division has acted
illegally in making the impugned direction.
|
Ministry of Health and Family Welfare -Vs.- Asit Baran Nath | 6 ALR (AD) 2015 (2)114 |
Sections 22(2), 25(2), 28(2), 29(2) and 30(2) |
The Appellate Division observed that if law authorized the competent
authority to initiate a criminal proceedings against them for violation of
law, a court of law cannot debar the authority to initiate proceedings for
violation of such law. Therefore, the High Court Division has acted
illegally in making the impugned direction.
|
Ministry of Health and Family Welfare -Vs.- Asit Baran Nath | 6 ALR (AD) 114 |
Section 43 |
The Dhaka University Order, 1973
|
VC, University of Dhaka =VS= A.K.M. Muid | 3 LM (AD) 470 |