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



Securities and Exchange Ordinance, 1969
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Section 17

In the instant case, after following due process of law and the principle of national Justice i.e. show cause notice was issued to the petitioner to explain his position, opportunity was also given for personal hearing before the penal order was passed. Moreover, the penal order has been passed elaborately considering the materials on record i.e. the confessional statement and explanation of the petitioner, the investigation report and the evidence on record. The said order has been affirmed by the quasi judicial body in revision/review. ...Md. Nur Islam Vs. Securities and Exchange Commission & ors., (Civil), 9 SCOB [2017] HCD 6 ....View Full Judgment

Md. Nur Islam Vs. Securities and Exchange Commission & ors. 9 SCOB [2017] HCD 6
Section 26

On consideration of the materials on record, it appears to us that the impugned order dated o8. 12. 2011 can not be said to be unlawful merely because it is without elaborate reasoning and non-speaking one. The impugned order appears to be otherwise sustainable. ...Md. Nur Islam Vs. Securities and Exchange Commission & ors., (Civil), 9 SCOB [2017] HCD 6 ....View Full Judgment

Md. Nur Islam Vs. Securities and Exchange Commission & ors. 9 SCOB [2017] HCD 6
Section 26

Securities and Exchange Ordinance [XVII of 1969]
Section 26 read with
Securities and Exchange Commission (Stock Dealer, Stock Broker and Authorized Representative) Rules, 2000
Rule 12
It is now well recognized that where a right or liability is created by a statute which gives a special remedy for en-forcing it, the remedy provided by that statute only must be availed of. The High Court Division held that in the instant case the petitioner did not make any attempt to file a revision or review and to exercise this right prior to filing the writ petition. It is now well recognized that where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed of. Instead of doing so, petitioner filed the writ petition within the time limits / limitation periods prescribed for revision and review, thereby marking the instant writ petition unmaintainable. Shamim Ahmed -Vs.- Chairman, Bangladesh Security and Exchange Commission & others(Spl.Original) 2019 ALR (HCD) Online 390 ....View Full Judgment

Shamim Ahmed -Vs.- Chairman, Bangladesh Security and Exchange Commission & others 2019 ALR (HCD) Online 390