An act constitutes contempt if it is calculated to or has the tendency of interfering with the due course of justice. The object of the discipline enforced by the court in the case of contempt of court is not to vindicate the dignity of the person of the Judge but to prevent undue interference with the administration of justice. The confidence in courts of justice which the public possess must in no way be tarnished, diminished or wiped out by contumacious behaviour of any person. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

An unbroken chain of authorities, in prevalence from the days of the Raj, confirm that the power of a Court of record, is inherent. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

Legislation that derogates or abridges Supreme Court’s constitutional and inherent power, is void. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

It is conceded that although the power cannot be taken away or materially interfered with, the legislature might regulate the exercise of the power by prescribing rules of practice and procedure. It is also stated that the existence of a remedy other than proceedings for contempt does not deprive a Court of its power to adjudicate a person in contempt which means that the fact that an act constituting a contempt is also criminal and punishable by indictment or other method of criminal prosecution, does not deprive the outraged court from punishing the contempt. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

There is no room for any controversy that the High Courts have power to punish summarily for contempt of Court committed by the publications of libels on the Courts or on the Judges; and, as Superior Courts of record, it also has the inherent jurisdiction to summarily punish contempts. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

The power to punish summarily for contempt is not a creature of statute but an inherent incident of every Court of record. This inherent jurisdiction cannot be wiped out. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

The law looks at the conduct of the person proceeded against in order to find out if it was calculated to produce an atmosphere of prejudice in the midst of which, the judicial proceedings have to go on. The test of guilt in such cases depends on the findings whether the matter complained of tended to interfere with the cause of justice, and not on the question whether such was objective sought, much less whether it was achieved. Neither desire to obstruct or prevent administration of justice, nor its fulfillment is counted in proceedings for contempt. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

Intention is of no relevance or consequence so long as the words used in the publication tend to interfere with the course of justice or prejudice the public or the Court in the trial of the case. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

It is difficult to enumerate the acts which may amount to contempt of Court. The overriding question in all cases of contempt of Court must, however, be whether the action or remark of the alleged contemnor is or is not calculated to interfere with, interrupt or thwart the course of justice. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

Nothing is more incumbent upon courts of justice than to preserve their proceedings from being misrepresented; nor is there anything of more pernicious consequence than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard. Anything that tends to prejudice that fair trial by a Court, constitutes a contempt of Court. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

Contempt is constituted when something is done, which is capable of interfering with the impartial flow of justice. To elaborate this, a plethora of high preponderant authorities command that nobody must make any comment about an issue which is awaiting adjudication in a Court of law because such comment may attempt to pervert the course of justice by influencing the mind of the Court or people at large and also by impliedly suggesting what should be the outcome of the proceeding at the end of the day. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

It is not essential, in order to constitute a contempt, that the act should be done publicly or publicized in any way. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

Knowledge of the pendency of the proceeding is not a necessary ingredient of the offence of contempt of Court. All that is necessary is to show that a proceeding was actually pending at the time or was imminent. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

It is the contemner’s duty to take proper care and to make sure before issuing a statement regarding a sub-judice matter that no proceedings were pending before the Court or were contemplated. If he made no such enquiries then he clearly acted negligently and cannot take advantage of his negligence. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

Fair criticism of the conduct of a Judge, may not amount to contempt if it is made in good faith and in public interest. To ascertain the good faith and the public interest, the courts have to see all the surrounding circumstances including the person responsible for comments, his knowledge in the field regarding which the comments are made and the intended purpose sough to be achieved. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

Now, if a reasonable bystander analyses the ratio of all the cases discussed under the caption, “Kind of Comment that Constitutes Contempt”, he will no doubt hold that the comments in question are certainly contemptuous and hence punishable by this Court, because the contemnor has effectively passed a verdict on the matter which is awaiting adjudication by this Division. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28

The impugned comment constituted the offence, because; (1) by this comment the contemnor purported to usurp the function of this Division, (2) the comment has the potential of influencing the minds of the people at large as well of the judges, whether or not it actually generated that effect, (3) the comment amounted to prejudging the cause which was awaiting adjudication, (4) the comment was vibrant enough to lead the public as well as the judges concerned to reckon that by issuing the Rule and passing the interlocutory order, the Court resorted to illegality and that this Court was wrong as the contemnor claimed to have been right, (5) the comment amounted to an aspersion and insinuation on the merit of our order, and was capable of transmitting a suggestion that a wrongly passed order should be reversed, (6) in all, the comment amounted to a trial by a stranger, i.e., the contemner, which could seriously obstruct the right course of justice and cause its deviation. ...Dr.Mohiuddin Khan Alamgir Vs. Sohul Hossain, (Civil), 1 SCOB [2015] HCD 28 ....View Full Judgment

The appellate court being last and final court of fact will have to discuss and reassess the evidence on record independently while reversing or affirming the findings of the trial court. In case of reversal it is more incumbent upon the appellate court to reassess the evidence to arrive at his own independent finding. The findings of the trial court should not be easily disturbed as a matter of course and before reversing the findings and decisions of the trial court the appellate court should think twice or more than twice. ...Zila Mahila Bisayak Karmakorta Vs. Principal, Mohila College, Ishuardi, (Civil), 3 SCOB [2015] HCD 68 ....View Full Judgment

Advocates should not expect detailed Judgment on the side-issue of a suit/matter, which is already well-settled by the Apex Court
While an Advocate would be seen by this Court to be fully justified in receiving a detailed Judgment on finishing hearing of a suit or any other original substantive matter (such as Admiralty Suit, Writ Petition, Company Matter) even if the Court expresses its views dismissing the suit/discharging the Rule, however, as an officer of the Court, an Advocate is expected to assist this Court in saving its time by non-prosecuting an interlocutory application, when the same would be found by the Court without any substance after affording the opportunity of placing the arguments at length. It is to be borne in mind by the learned Advocates that since the number of Judges of this country are very negligible in comparison to the case-load, it has become very difficult for the learned Judges of this country to dispose of the substantive suit/matters and, therefore, the learned Advocates should not expect detailed Judgment on the side-issue of a suit/matter, which is already well-settled by the Apex Court of our jurisdiction. ...Chattogram Dry Dock Ltd Vs. M.T. Fadl-E-Rabbi & ors, (Civil), 17 SCOB [2023] HCD 82 ....View Full Judgment

Advocates should not expect detailed Judgment on the side-issue of a suit/matter, which is already well-settled by the Apex Court
While an Advocate would be seen by this Court to be fully justified in receiving a detailed Judgment on finishing hearing of a suit or any other original substantive matter (such as Admiralty Suit, Writ Petition, Company Matter) even if the Court expresses its views dismissing the suit/discharging the Rule, however, as an officer of the Court, an Advocate is expected to assist this Court in saving its time by non-prosecuting an interlocutory application, when the same would be found by the Court without any substance after affording the opportunity of placing the arguments at length. It is to be borne in mind by the learned Advocates that since the number of Judges of this country are very negligible in comparison to the case-load, it has become very difficult for the learned Judges of this country to dispose of the substantive suit/matters and, therefore, the learned Advocates should not expect detailed Judgment on the side-issue of a suit/matter, which is already well-settled by the Apex Court of our jurisdiction. ...Chattogram Dry Dock Ltd Vs. M.T. Fadl-E-Rabbi & ors, (Civil), 17 SCOB [2023] HCD 82 ....View Full Judgment

As a whole, the judgment of the trial Court is founded on mere assumption and presumption of facts and not on proper appreciation of the evidence on record. The learned Judge of the trial Court has embarked upon the loopholes and weaknesses of the defendant’s case to establish the case of the plaintiff against the settled principle of law that the plaintiff must prove his case in order to get a decree in his favour and the weakness of the defendants case is no ground for passing a decree in favour of the plaintiff. ...Abul Kasem & anr Vs. Asfaque Ahmed & anr, (Civil), 17 SCOB [2023] HCD 93 ....View Full Judgment

সম্ভাব্যতার ভারসাম্য (Balance of Probability):
বর্তমান সময় একজন বাদীর পক্ষ এটা পুরনো খতিয়ান (যা এস. এ. খতিয়ানেরও আগের খতিয়ান) থেকে কোন বিষয় সন্দেহাতীত ভাব প্রমাণ আশা করা সমীচীন নয়। মনে রাখতে হবে এটি একটি দেওয়ানী মামলা এবং এখানে প্রমানের স্ট্যান্ডার্ড হলো সম্ভাব্যতার ভারসাম্য (Balance of Probability)_ তথা এখানে ফৌজদারী মামলার মতো সন্দেহাতীতভাবে প্রমাণ করতে হয় না ...আব্দুল লতিফ – বনাম – মোহাম্মদ কামাল উদ্দীন এবং অন্যান্য, (Civil), 15 SCOB [2021] HCD 27 ....View Full Judgment

The concept of Outsourcing services in Bangladesh.–– Outsourcing services is a new concept in our country. Not just labour but also professional services may be procured through outsourcing. It is a process by which the recipient of service enters into an agreement with a contractor / service provider who engages persons to render services to the service recipient. In such a situation, there is nemployment contract between the service recipient and the service renderer. The contract exists between the service recipient and the contractor and consideration for the services are provided by the service recipient to the contractor . If the service recipient is not satisfied with the service rendered by the persons engaged by the contractor then his remedy lies for breach of the terms and conditions of the agreement against the contractor. Likewise if the contractor does not receive adequate consideration for providing his service through his appointed employees, his remedy lies against the service recipient. The service recipient is generally not concerned who renders the service to him as long as the service sought is rendered adequately . As can be reasonably expected the service recipient may set certain criteria and conditions to be observed by the service renderer and he has a discretion to reject any person through whom the service is provided by the contractor; but in all such cases the matter is governed by the contract between the service recipient and contractor. It is a contract of services as opposed to a contract of employment. ...Grameenphone Ltd Vs. Chairman, First Labour Court, Dhaka & ors., (Civil), 10 SCOB [2018] HCD 7 ....View Full Judgment

This concept of “administrative fairness” requires that an Authority, while taking a decision which affects a person’s right prejudicially, must act fairly and in accordance with law. We note, albeit with utmost regret and disappointment, that in the instant case, there has been a gross violation of the well-settled principles of natural justice, and that too by the Syndicate. In our view, failure to comply with the principles of natural justice leads to arbitrariness, which in turn, vitiates the impugned order. ...Md. Shamsujjaman & ors. Vs. Bangladesh & ors., (Civil), 13 SCOB [2020] HCD 65 ....View Full Judgment

Company matter, Article 45 of the Articles of association; Interim order, Board of directors, Modify the judgement, Administration of Justice;
Invariably, under no circumstances, this court can interfere with its own judgment which was even affirmed by the Honb’le Appellate Division. ...Pankaj Roy Vs. Alliance Securities & Management Ltd. & ors., (Civil), 14 SCOB [2020] HCD 125 ....View Full Judgment

Custody of minor children:
Claiming of custody or of visitation right cannot be a matter of right and acquire by exerting force whatever the age of the minors may be. It totally depends on the welfare of the minors and that of the free wishes of the minor until and unless, the person whose custody the minor is staying loses his/her right. …M Nazim Uddin & anr Vs. Bangladesh & ors, (Civil), 16 SCOB [2022] HCD 128 ....View Full Judgment

Company matter:
Articles of Association are to be followed mandatorily if they are not in conflict with the company law:
It is settled principle of law that memorandum and articles of association being the constitution of the company regulate the affairs of the company including the powers of the board of directors and others and thus, articles are mandatory to be followed if they are not in conflict with the company law. ...Md. Mominul Islam Vs. Bangladesh & ors, (Civil), 17 SCOB [2023] HCD 108 ....View Full Judgment

A depositor, when deposits his money in the bank, is entitled to expect that his banker, under any circumstances, will not dishonour his cheque when he has sufficient fund in the account or will not stop him from withdrawing money from his account or transferring the same to another account, unless the banker is directed by a competent court, or in some cases by the regulatory authority like Bangladesh Bank, to stop such payment or transaction. Even if some bills or LCs are the subject matter of any investigation by any agency, we do not find any provision in the relevant laws under which a bank can stop payment or re-imbursement on such LCs. ...Delta Spinners Ld & Ors. Vs. Bangladesh Bank and Ors., (Civil), 1 SCOB [2015] HCD 78

A bank under the law and banking practice, in particular in accordance with the relevant provisions of UCP-600, is bound to make payment or re-imbursement in respect of the accepted bills once they are accepted by the issuing banks, and in view of the said provisions of the UCP-600, namely Article-16, once such acceptance is given, the matter is closed and the concerned banks are precluded from raising any issue thereafter. ...Delta Spinners Ld & Ors. Vs. Bangladesh Bank and Ors., (Civil), 1 SCOB [2015] HCD 78

Even if the banks have in the meantime filed any criminal case against the petitioner for commission of such fraud, the payment in respect of the said bills cannot be stopped unless and until the banks obtain an order from a competent Court for stoppage of re-imbursement. ...Delta Spinners Ld & Ors. Vs. Bangladesh Bank and Ors., (Civil), 1 SCOB [2015] HCD 78 ....View Full Judgment

Deed of Gift:
There is nothing on record to show that Promoth Nath was a man of unsound mind or that plaintiff had any relationship with Promoth Nath whatsoever so as to take him to the Sub-Registry office and to fraudulently get the kabala executed by Promoth Nath. Defendants never raised any question on this aspect in any manner.
The above statement of the executant considered with the rent receipts showing payment of rent for the suit land by the plaintiff for the years 1981 to 1994 and the fact of silence of the two sons of Promoth Nath (defendant No.1 and 2) in not challenging plaintiff’s kabala and the fact of physical possession of the plaintiffs lead me to conclude that plaintiffs’ purchase is genuine and that their kabala dated 07.06.1980 was acted upon and that the earlier deed of gift dated 10.01.1979 purportedly made by Promoth Nath in favour of his son was a mere paper transaction so far the suit land is concerned. ...Monohar Chandra Biswas & ors Vs. Laxmi Rani Sikder & ors, (Civil), 3 SCOB [2015] HCD 59 ....View Full Judgment

Definition of Legitimate Expectation:
Legitimate Expectation has been defined as follows:
“A person may have a legitimate expectation of being treated in a certain way by administrative authority even though he has no legal right in law to receive such treatment. The expectation may arise either from a representation or promise made by the authority including an implied representation or consistent past practice.” ...Muhammad Imrul Hasan & ors. Vs. Bangladesh & ors., (Civil), 10 SCOB [2018] HCD 18

The Government cannot act arbitrarily and capriciously while choosing persons for employment. It cannot pick and choose employees like private individuals.It is always under a duty to act fairly and without discrimination while making choices for employment. ...Muhammad Imrul Hasan & ors. Vs. Bangladesh & ors., (Civil), 10 SCOB [2018] HCD 18 ....View Full Judgment

Declaration of Title and permanent injunction, Lawful possession;
I am also of opinion that, in a suit for permanent injunction, this Court should satisfy itself as regards the lawful nature of the plaintiffs’ possession. In a suit for permanent injunction, the issue regarding title need not be and should not be conclusively decided, because the purpose of granting the relief of permanent injunction is to prevent forceful ouster of an apparently lawful occupant of the suit property, thereby disapproving the act of taking law into the defendants own hands. Nonetheless, the court should incidentally look into the title or other lawful basis of the plaintiffs acquiring and continuing in possession, to satisfy itself that the plaintiff is not an usurper or trespasser or a land grabber and that he has come in clean hands. ...Azadul Islam & ors. Vs. Most. Asis Bewa & ors., (Civil), 12 SCOB [2019] HCD 211 ....View Full Judgment

Ego cannot be allowed by the court of law:
In the facts and circumstances as it appears from the record, I find that the deceased Most. Hosneara Begum Laizu/Lipa Rani Roy was a Hindu lady, but she was converted to a Muslim and she died as a Muslim, presence in her father’s house at the time of committing suicide can be a reason to find that she was reconverted to a Hindu. ...Md. Zohurul Islam Vs. Sree Aokkhoy Kumar Roy & ors., (Civil), 13 SCOB [2020] HCD 73

As a Muslim or a believer in Islam she is entitle to get burial as per the Islamic rituals. ...Md. Zohurul Islam Vs. Sree Aokkhoy Kumar Roy & ors., (Civil), 13 SCOB [2020] HCD 73

The prayer of Mr. Subrata Chowdhury as mentioned above cannot be considered by this Court since the deceased herself did not donate her dead body to any institution. ...Md. Zohurul Islam Vs. Sree Aokkhoy Kumar Roy & ors., (Civil), 13 SCOB [2020] HCD 73

Apparently, the father of the deceased has been suffering from some ego and for his such ego Mr. Subrata Chowdhury, as well as Mr. Md. Mominul Islam made such prayers finding themselves helpless to establish that the deceased was reconverted to a Hindu. Such ego cannot be a reason for the Court to decide any dispute like the instant one. ...Md. Zohurul Islam Vs. Sree Aokkhoy Kumar Roy & ors., (Civil), 13 SCOB [2020] HCD 73

For such ego a dead body has been rottening in mortuary since last four years. Keeping dead body of a human being for such long time cannot be allowed by any religion, rather it amounts to an inhuman act. Apparently the father just for his ego behaved like an inhuman being, and such sort of ego cannot be allowed in the society or by the court of law. ...Md. Zohurul Islam Vs. Sree Aokkhoy Kumar Roy & ors., (Civil), 13 SCOB [2020] HCD 73 ....View Full Judgment

Existence of consensus ad idem between the parties is necessary to form contractual obligation:
It is the settled principle of the law of contract in all jurisdictions of the world that in order to treat a document or any correspondence between the parties to be a contract/agreement, the Courts must be satisfied as to the existence of consensus ad idem between the parties on the important term/s of the contract, such as the terms of quality, price, arbitration etc, not only from the mere wordings of the document or correspondence but also from the facts on record. ...Agrocorp Int. Pte Ltd Vs. Vietnam Northern Food Corp., (Civil), 18 SCOB [2023] HCD 213 ....View Full Judgment

Essence of the rule of law:
What emerges from the above discussion is that no one is above law and everybody is subject to law. This is the essence of the rule of law in a constitutional dispensation like ours. In this respect, we are reminded of an oft-quoted legal dictum─ ‘Be you ever so high, the law is above you’. ...Z. I. Khan Panna Vs Bangladesh & ors, (Civil), 7 SCOB [2016] HCD 7
The law-enforcing agencies can not take the law into their own hands:
Any sort of deliberate torture on the victims in the custody of the joint forces or lawenforcing agencies is ex-facie illegal, unconstitutional and condemnable. In that event, they have the right to seek the protection of the law in any independent and impartial Court or Tribunal, as the case may be. Custodial death is the worst form of violation of human rights. Even a hard-core criminal has the right to be tried in the competent Court of law for his alleged perpetration of crimes. He can not be physically annihilated or killed by the members of the joint forces for his alleged crimes. The law-enforcing agencies or the joint forces can not take the law into their own hands. ...Z. I. Khan Panna Vs Bangladesh & ors, (Civil), 7 SCOB [2016] HCD 7 ....View Full Judgment

Election matter:
Guarantor to a defaulted loan is not a disqualification:
It is now a settled principle of law that a guarantor to a defaulted loan amount is not disqualified to contest respective election. ...Mohammed Faruk ul Azam Vs. The Election Commission, (Civil), 17 SCOB [2023] HCD 1 ....View Full Judgment

From the Contract, it transpires that it has not been entered into by BPDB in exercise of statutory power and so, it cannot be said that the contract with the statutory body i. e. BPDB is a statutory contract so, as to invoke writ jurisdiction. Further we have already seen that the contract is not entered into by the Government in the capacity of sovereign. Moreover, the Contract is purely a commercial contract for purchasing electricity on rental basis. Further, the requirements as settled by the Appellate Division in the above referred case are not fulfilled. For the reasons discussed hereinbefore, we are constrained to hold that the instant writ petition is not maintainable. ...Shahjibazar Power Company Ltd. Vs. Bangladesh & ors, (Civil), 8 SCOB [2016] HCD 1 ....View Full Judgment

In the exercise of certiorari jurisdiction the High Court proceeds on an assumption that a Court which has jurisdiction over a subject- matter has the jurisdiction to decide wrongly as well as rightly. The High Court would not, therefore, for the purpose of certiorari assign to itself the role of an Appellate Court and step into re-appreciating or evaluating the evidence and substitute its own findings in place of those arrived at by the inferior court. ...Dhaka South City Corp. Vs. District Judge & others, (Civil), 3 SCOB [2015] HCD 150

Certiorari may be and is generally granted when a court has acted (i) without jurisdiction, or (ii) in excess of its jurisdiction. The want of jurisdiction may arise from the nature of the subject-matter of the proceedings or from the absence of some preliminary proceedings or the court itself may not have been legally constituted or suffering from certain disability by reason of extraneous circumstances. Certiorari may also issue if the court or tribunal though competent has acted in flagrant disregard of the rules or procedure or in violation of the principles of natural justice where no particular procedure is prescribed. An error in the decision or determination itself may also be amenable to a writ of certiorari subject to the following factors being available if the error is manifest and apparent on the face of the proceedings such as when it is based on clear ignorance or disregard of the provisions of law but a mere wrong decision is not amenable to a writ of certiorari. ...Dhaka South City Corp. Vs. District Judge & others, (Civil), 3 SCOB [2015] HCD 150 ....View Full Judgment

It does not appear that the Election Commission, after admitted declaration of schedule for holding election of Botlagari Union, has taken independent decision of its own considering the facts and circumstances of the case. Rather, it passed the impugned order at the proposal/direction of the Ministry of Local Government, Rural Development and Co-operatives. Therefore, it cannot be said that the impugned order passed by the Election Commission is lawful. ...Md. Saidur Rahman Sarker Vs Bangladesh & ors, (Civil), 6 SCOB [2016] HCD 13
Since the respondents of this case, who are directly related in this matter, have not denied the case of the writ-petitioner, we have no option but to accept the case of the writ petitioner. ...Md. Saidur Rahman Sarker Vs Bangladesh & ors, (Civil), 6 SCOB [2016] HCD 13 ....View Full Judgment

It transpires that for a Steno-Typist of the Board the post of Stenographer is a promotion post and the decision of promotion is to be made on the basis of merit through open competition in which serving Steno-Typists and outsiders may take part. It is true that the Petitioner had earlier drawn the benefits of 3 time-scales as a Steno-Typist. So, on being promoted as Stenographer he has become entitled again to get the benefits of a new-slot of time-scales subject to fulfilling essential conditions likesatisfactory service of 8, 12 or 15 years. ...Musa Kalimullah Vs Secretary, WR, MoWD & ors, (Civil), 6 SCOB [2016] HCD 124 ....View Full Judgment

If in any case the question of laws and facts are involved, in such case law point regarding maintainability should be decided first. ...Begum Khaleda Zia Vs. Anti-Corruption Commission & ors, (Civil), 8 SCOB [2016] HCD 40
Where the tribunal had no jurisdiction to try the case and passed any judgment in that case the writ petition can be maintainable. ...Begum Khaleda Zia Vs. Anti-Corruption Commission & ors, (Civil), 8 SCOB [2016] HCD 40 ....View Full Judgment

It is true that the petitioners cannot claim as of right to be regularized in their jobs. However, after having served the authority for 10-15 years as temporary contingent staffs they cannot be blamed to expect being regularized in their posts especially when their superior authority has been satisfied by their work and has recommended their regularization. ...Md. Safiqul Islam & ors. Vs. Bangladesh & ors., (Civil), 10 SCOB [2018] HCD 1
In view of long standing period of service of the petitioners the Government consider their cases for absorption and regularization in the revenue budget if they have requisite qualifications and subject to availability of vacancies according to their seniority. They however must have the requisite qualification for the post in which they are seeking regularization, continuity in service and satisfactory service record even though they may exceed their age limit required for fresh appointment in that post. ...Md. Safiqul Islam & ors. Vs. Bangladesh & ors., (Civil), 10 SCOB [2018] HCD 1 ....View Full Judgment

If we examine the impugned letter dated 28.05.2007 coupled with the above provisions of law then we have no hesitation to hold that by issuing the same the Supreme Court authority had flouted the above provisions of law and that the opinion expressed in the letter that it would not be proper (সমীচিন ব না to take any action against respondent No.3 is nothing but an attempt to create obstacle in the process of inquiry against said respondent. ...State Vs. Registrar General & ors., (Civil), 11 SCOB [2019] HCD 61

The Supreme Court administration in issuing the impugned letter having considered some extraneous and irrelevant facts has abused its discretionary power vested in it. ...State Vs. Registrar General & ors., (Civil), 11 SCOB [2019] HCD 61

The opinion in guise of direction expressed in the impugned letter was not the upshot of any judicial determination. Such a mere administrative letter although issued as per the verbal instruction of the Hon’ble Chief Justice, patently impinges upon the rights and lawful authority of the Commission to go on with the inquiry into an allegation of corruption. ...State Vs. Registrar General & ors., (Civil), 11 SCOB [2019] HCD 61

The impugned letter is amenable to judicial review as it was issued by the office of the Appellate Division under its administrative capacity and therefore, the Rule is quiet maintainable;

The impugned letter is a mere official communication made by the office of the Appellate Division under its administrative capacity and in no way it can be regarded as the opinion of the Supreme Court;

The impugned letter though tends to give a massage that a retired judge of the Supreme Court it immune from criminal prosecution but, in fact, no one is immune as such except the Hon’ble President and that too during his term of office; ...State Vs. Registrar General & ors., (Civil), 11 SCOB [2019] HCD 61 ....View Full Judgment

If any executive action is taken, which we consider, in light of facts and circumstances, to be unreasonable we take the view that such action was beyond authority because the executives are not authorized to act unreasonably. ...Tofazzal Hossain Khandker & ors. Vs. Bangladesh & ors., (Civil), 11 SCOB [2019] HCD 71

We are inclined to hold that the amendment made through Clause 3 of the order dated 09.03.2006 was ‘whimsical’’. This cannot be permitted to remain in force. ...Tofazzal Hossain Khandker & ors. Vs. Bangladesh & ors., (Civil), 11 SCOB [2019] HCD 71

However, if there is an executive order which results in continuous wrong, as in this case, we take the view that mere delay in filing the writ petition should not affect their relief. No doubt the petitioners filed the petition after a long time but that, in the given circumstances should not defeat their entitlement because the wrong done by the executive is ‘continuous’. ...Tofazzal Hossain Khandker & ors. Vs. Bangladesh & ors., (Civil), 11 SCOB [2019] HCD 71

Executives can employ for temporary period but if they permit the period to extend, either expressly or by conduct, after certain time, the employee can legitimately expect to be absorbed. ...Tofazzal Hossain Khandker & ors. Vs. Bangladesh & ors., (Civil), 11 SCOB [2019] HCD 71 ....View Full Judgment

It is well settled that the executing court can not go beyond the decree nor can it question its legality or correctness, but there is one exception to this general Rule i.e. the executing court can adjust the amount with the decree paid by the Judgment Debtors during pendency of the execution proceeding if certified by the Decree Holder. In the present case admittedly the Judgment Debtors made payment of Tk.62,50,000/- to the Decree Holder during pendency of the Suit which has not been adjusted by the Decree Holder at the time of filing of the execution proceeding. In this situation the executing court is legally entitled to adjust the aforesaid amount with the decretal amount not the amount paid before filing of the suit. ............................................................ It must take the decree according to its tenor but in the instant case the executing court travelled beyond the decree and as such the Impugned Order passed by the executing court is not in accordance with law. ...Agrani Bank Limited Vs. Bangladesh & ors., (Civil), 11 SCOB [2019] HCD 98 ....View Full Judgment

Ingredients to prove the suit for specific performance of Contract; In a suit for Specific Performance of Contract the essential ingredients which the plaintiffs are required to prove in order to succeed in a suit for Specific Performance of Contract, are that the Bainapatra is genuine, considerations money passed by the parties and delivery of possession was given in pursuance thereof. ...Md. Rafiqul Islam & ors. Vs. Md. Abdul Hadis, (Civil), 12 SCOB [2019] HCD 121 ....View Full Judgment

It is also settled that the defendants may have thousand of defect but it does not help the plaintiff to prove their case: It appears that the plaintiff could not prove their case that they have any title in the suit land and also the possession. The main reasoning of this findings stated above that the basis of the title of the plaintiff is the settlement which was cancelled and the order ofcancellation is in existence. ...Monto Sheikh & ors. Vs. Ibrahim Miah & ors., (Civil), 12 SCOB [2019] HCD 231 ....View Full Judgment

If we now exercise our common sense it can be perceived when the Review Panel can ‘dismiss’ an Appeal if the same is not well founded either in fact or law then why it can not ‘allow’ the same if a decision appealed against is otherwise wrong ? In other words, when CPTU is competent to dismiss an Appeal it can also allow an Appeal if it is otherwise found to be competent. ...AHN. HONG, SIK. HPCC-SEL JV Vs. Central Procurement Technical Unit (CPTU) & ors., (Civil), 13 SCOB [2020] HCD 27 ....View Full Judgment

I have already found that Ishaque Mia was the identifier of all executants and he also took the L.T.Is of three executrix and identified their L.T.Is and he did not put any L.T.I in the deed as executant. It appears that the learned Judge of the appellate Court also misconstrued the deed in question on this point. Such misconstruction on the part of the appellate Court could not invalidate the deed and affect the merit of the case. ...Abul Kasem & anr Vs. Asfaque Ahmed & anr, (Civil), 17 SCOB [2023] HCD 93 ....View Full Judgment

Legitimate Expectation: On the basis of several decisions passed by our Apex Court, now it has been established that generally the legitimate expectation may arise-
I. if there is an express promise given by a public authority; or
II. because of the existence of a regular practice which the claimant can reasonably expect to continue;
III. Such an expectation must be reasonable.
However, if there is a change in the policy or in the public interest the position is altered by a rule or legislation, no question of legitimate expectation would arise. ...Kamal Mia & ors Vs. Min. of Communication & ors, (Civil), 2 SCOB [2015] HCD 66 ....View Full Judgment

Letter of Credits must be respected:
The decisions referred to above consistently spelt out that when an irrecoverable Letter of Credit issued / opened and confirmed by the bank such a bank is left with no option but to respect its obligation under the letter of credit and pay if the draft and documents are found to be in order and terms and conditions of such L/C satisfied. ...Alvi Spinning Mills Ltd & ors Vs. Bangladesh & ors, (Civil), 4 SCOB [2015] HCD 23
Payment can be refused by the issuing bank only when fraud is established:
Customer cannot instruct the bank not to pay and bank cannot act upon such instruction, if any, for withholding the payment. Any dispute between buyer and seller is to be settled between them in accordance with the terms and conditions of the contract of sale. If the buyer suffers in any way, he can file suit for damages. But at the same time in all these decisions it has also been manifested that only exception to such general statement of principle i.e. recognized by a court of law is obvious and clear case of fraud brought to the knowledge of the L/C issuing bank.
However, mere allegation of fraud is not sufficient to entitle the issuing bank to withhold payments. It must be found that the draft/ documents submitted for payment must be tainted by real fraud. When that can be established only in that case payment can be refused by the issuing bank. ...Alvi Spinning Mills Ltd & ors Vs. Bangladesh & ors, (Civil), 4 SCOB [2015] HCD 23 ....View Full Judgment

Court’s power to oversee the professional performance and to regulate the Courtconduct of the learned Advocates:
Court is well empowered to oversee the professional performance and also to regulate the Court-conduct of the learned Advocates and, in an appropriate case, impose costs upon a learned Advocate for finding his conduct to be unbefitting with the norms and etiquettes of the legal profession. Accordingly, instead of referring this incident to the Bar Council towards drawing up proceedings against the learned Advocate for the petitioners, we are taking a lenient view by warning him with an expectation that this kind of incident shall never be repeated by him in future. ...Kazi Md. Salamatullah & ors Vs. Bangladesh & ors, (Civil), 4 SCOB [2015] HCD 117 ....View Full Judgment

Legitimate expectation:
In the advertisement dated 19.01.2004, the authority has given an express promise to that effect that the appointee shall be on a probation period of 1 (one) year and after satisfactory completion of the said probationary period, the appointee shall be absorbed and therefore, the petitioners’ legitimate expectation arises. The petitioners successfully made out a case of legitimate expectation. The petitioners had a legitimate expectation to be absorbed against the permanent posts on the basis of the advertisement published in the “Daily Observer” on 19.01.2004. In the background of the advertisement dated 19.01.2004, there was reasonable expectation of their being permanently absorbed in the post of Master Pilots. ...Md. Yousuf Ali Akon & ors Vs. BIWTA & ors., (Civil), 6 SCOB [2016] HCD 66
The respondents failed to show any reasons why they did not absorb the petitioners in the post of Master Pilots permanently, though, they have already rendered their service approximately 11 (eleven) years. The inaction of the respondents is found arbitrary, unreasonable, is in gross abuse of power and is in violation of the principles of natural justice. ...Md. Yousuf Ali Akon & ors Vs. BIWTA & ors., (Civil), 6 SCOB [2016] HCD 66 ....View Full Judgment

Legitimate Expectation:
The principle of legitimate expectation, as we see it, is predicated upon the following:
(a) The statement or practice giving rise to the legitimate expectation must be sufficiently clear and unambiguous, and expressed or carried out in such a way as to show that it was intended to be binding.
(b) The statement or practice must be shown to be applicable and relevant to the case in hand.
(c) Legitimate expectation is enforced in order to achieve fairness.
(d) If the statement said to be binding was given in response to any information from the citizen, it will not be binding if that information is less than frank, and if it is not indicated that a binding statement is being sought.
(e) He who seeks to enforce must be a person to whom (or a member of the class to which) the statement was made or the practice applied.
(f) Even though a case is made out, the legitimate expectation shall not be enforced if there is overriding public interest which requires otherwise. ...SJBKBSS Ltd. Vs. Sylhet City Corporation & ors., (Civil), 8 SCOB [2016] HCD 23
In any view of the matter, the members of the petitioner-samity are not at fault. Their legitimate expectation, in all fairness, should be fulfilled by the Sylhet City Corporation Authority by way of constructing the proposed market by removing the sheds from the Bus Terminal. Undeniably, the Sylhet City Corporation Authority has made a commitment to the petitioner-samity to make the proposed construction of the market at the site after removal of the sheds therefrom. ...SJBKBSS Ltd. Vs. Sylhet City Corporation & ors., (Civil), 8 SCOB [2016] HCD 23 ....View Full Judgment

Mandatory requirements to initiate a departmental proceeding:
It appears that framing charge as well as specification of penalty proposed to be imposed by the Syndicate upon the petitioner are mandatory requirements to initiate a departmental proceeding. Upon receiving the reference from the Syndicate the Enquiry Committee shall communicate the charge to the concerned accused together with the statements of allegations and request him/her to submit, within 7(seven) days from the day the charge is communicated to him/her, a written statement of his/her defense and to show cause at the same time why the penalty proposed should not be imposed on him/her and also states whether he/she desires to be heard in person or not. After framing the charge by the Syndicate the Tribunal shall take into consideration of the charges framed, the evidence on record, both oral and documentary, including the additional evidence, if any, accepted by it and recommend such action against the accused as it may deem fit. In the case in hand, admittedly no formal charge was framed which is sine quo non to start a formal departmental proceeding. ...Samia Rahman Vs. Bangladesh and others, (Civil), 17 SCOB [2023] HCD 182 ....View Full Judgment

Meaning of “A person in the service of the Republic or of any statutory public authority”:
“A person in the service of the Republic or of any statutory public authority” includes a person who is or has retired or is dismissed, removed or discharged from such service but does not include a person in the defence services of Bangladesh or of the Bangladesh Rifles. ...Md. Mijanur Rahman Vs. Bangladesh and ors, (Civil), 5 SCOB [2015] HCD 1
From the Rule and supplementary Rule issuing orders, it appears that the petitioner has not challenged the vires of any law on the ground of its fundamental right. Therefore, the petitioner’s remedy is before the Administrative Tribunal having jurisdiction and not in writ jurisdiction. ...Md. Mijanur Rahman Vs. Bangladesh and ors, (Civil), 5 SCOB [2015] HCD 1 ....View Full Judgment

A matter of law of contract can be looked into in a writ jurisdiction if Government is a party:
Basic principle of offer and acceptance:
The crux of the issue is as to whether after receiving the consideration value in the form of earnest money as has been stipulated by the respondents through their own valuation and tender can be changed. Although, this is a matter of law of contract, however, since Government is a party, so this can be looked into in a writ jurisdiction. The basic principle of offer and acceptance is – the offer is binding upon the offeror (proposer) the moment the offeree (acceptor), puts the acceptance into motion. In the instant case, the offer and acceptance both were complete since the tender was invited (offer) the petitioner participated and it was accepted by the respondent No. 2 and part consideration was also paid in the form of earnest money and in such circumstance the respondents, i.e. the offeror Government has no other option left except transferring the land in favour of the petitioner. The property in the goods in fact passes over to the buyer when the sale is complete and in the instant case the sale became binding from the moment the payments were made in compliance with the tender. ...Fatema Enterprise Vs. Bangladesh &ors, (Civil), 8 SCOB [2016] HCD 59

Principles of legitimate expectation: The above principles are directly applicable in the instant case as the respondents promise to transfer the land on payment of consideration had been overridden by the further invitation of tender or initiating a new valuation without cancelling the previous tender or returning the money of the Petitioner. ...Fatema Enterprise Vs. Bangladesh &ors, (Civil), 8 SCOB [2016] HCD 59

Grounds of judicial review:
The House of Lords rationalized the grounds of judicial review and ruled that the basis of judicial review could be highlighted under three principal head, namely– illegality, procedural impropriety and irrationality, illegality as a ground of judicial review means that the decision maker must understand correctly the law that regulates his decision making powers and must give effect to it. Grounds such as acting ultra vires, errors of law and/or fact, onerous conditions, improper purpose, relevant and irrelevant factors, acting in bad faith, fettering discretion, unauthorized delegation, failure to act etc., fall under the heading “illegality”. Procedural impropriety may be due to the failure to comply with the mandatory procedures, such as breach of natural justice, such as audi alteram partem, absence of bias, the duty to act fairly, legitimate expectations, failure to give reasons etc. ...Fatema Enterprise Vs. Bangladesh &ors, (Civil), 8 SCOB [2016] HCD 59 ....View Full Judgment

In modern democratic countries citizens have a right to information in order to be able to know about the affairs of each political party which, if elected by them, seeks to formulate policies of good governance. This right to information is a basic right which the citizens of a democratic country aspire in the broader horizon of their right to live. This right has reached a new dimension and urgency, which puts better responsibility upon those political parties towards their conduct, maintenance of transparency and accountability to the public whom they aspire to represent in the parliament. ...Badiul Alam Majumdar & ors Vs. Information Commission & anr, (Civil), 8 SCOB [2016] HCD 110 ....View Full Judgment

No authority can act arbitrarily: Administrative actions by Government and statutory bodies should be judged on the scale of fairness. In other words, no authority can act arbitrarily and whimsically in discharging its duties, thereby affecting the rights and privilege of the property of an individual. ...Habibur Rahman Vs. Bangladesh & others, (Civil), 2 SCOB [2015] HCD 32
Duty of a lawyer:
Mr. Md. Abdul Halim, the learned Advocate appearing on behalf of the respondents, submits that having gone through the writ petition and its Annexures, he finds it difficult to oppose the Rule. We appreciate the submission of Mr. Md. Abdul Halim, which goes to show he has discharged his duties as an officer of the Court. It should be borne in mind by all the learned members of the Bar that the duty of a lawyer lies first to the Court and then to his client. ...Habibur Rahman Vs. Bangladesh & others, (Civil), 2 SCOB [2015] HCD 32 ....View Full Judgment

Ocean Bill of Lading: In order to get delivery order from the carrier as well as for getting payment under the L/C, it was mandatorily required to present “Ocean Bill of Lading” and none else. But in this case, admittedly, the petitioner produced House Bill of Lading-against which petitioner is not entitle to get any delivery of goods. ...Md. Ibrahim Vs. Bangladesh, (Civil), 1 SCOB [2015] HCD 136 ....View Full Judgment

An Officer serving under the Government can be posted as an Officer on Special Duty. However, this power or authority of the Government is circumscribed by certain conditions, which, amongst other, stipulate that the maximum period for which a person can be designated as an OSD shall not exceed 150 days. ...M. Asafuddowlah Vs. Bangladesh, (Civil), 15 SCOB [2021] HCD 1 ....View Full Judgment

The principles of natural justice are applied to administrative process to ensure procedural fairness and to free it from arbitrariness. Violation of these principles results in jurisdictional errors. Thus in a sense, violation of these principles constitutes procedural ultra vires. ...Md. Moniruddin Ahmed Vs. RAJUK & Ors., (Civil), 1 SCOB [2015] HCD 129

In all proceedings by whomsoever held, whether judicial or administrative, the principles of natural justice have to be observed if the proceedings might result in consequences affecting the person or property or other right of the parties concerned. ...Md. Moniruddin Ahmed Vs. RAJUK & Ors., (Civil), 1 SCOB [2015] HCD 129

From promise or from established practice, a duty to act fairly and thus to comply with natural justice may arise. Thus the concepts of ‘fairness’ and ‘legitimate expectation’ have expanded the applicability of natural justice beyond the sphere of right. ...Md. Moniruddin Ahmed Vs. RAJUK & Ors., (Civil), 1 SCOB [2015] HCD 129 ....View Full Judgment

Partition Suit: In our view the petitioners will not be prejudiced for not impleading them parties because as legal heirs, they are entitled to get the shares of their predecessors. Even a non contesting party, who has got share in the partible property, can pray for allotment of saham on payment of proper court fees before drawing up the final decree. ...Aleya Begum & ors Vs. Mir Mohsin Ali & ors, (Civil), 8 SCOB [2016] HCD 147 ....View Full Judgment

Principle of natural justice has been followed
It is not the case of the petitioners that they were not given an opportunity of being heard. But their case is, the opportunity was not adequate as the notices did not reflect the allegations and the time and place of incidents. Here, the practical scenario is that certain incidents took place, which are criminal in nature. The inquiry committee called all the relevant witnesses, victims and also took statements from the petitioners, who appeared before the inquiry committee. As such, the petitioners are all well conversant with the allegations and facts involved with the alleged incidents. Therefore, due to nonmentioning of the allegations and the time and place in the subsequent notices to show cause, did not materially prejudice the petitioners in submitting their self-defence in terms of “being heard by ample opportunity” and as such we are of the view that the principles of natural justice have not been violated, in other words, the cited cases are not applicable in view of different facts and circumstances of the present cases. ...A.S.M. Mahadi Hassan & ors Vs. BUET & ors, (Civil), 18 SCOB [2023] HCD 33 ....View Full Judgment

Promotion solely on the basis of an interview;
It appears that there is no specific guideline as to what criteria is to be used for awarding marks in the interview so that the merit of a candidate may be assessed. Not only that the aforesaid order also provides that all persons eligible for promotion i.e. those who have completed a specified number of years in service without having any adverse remarks in this service record will be called for interview with the objective of being promoted. The said process by its nature appears to disregard an employee’s performance in his service as well as his Annual Confidential Report (ACR) in the cumulative report about the performance of an employee over a number of months and put together a number of years and they are supposed to reflect an employee’s performance in his job. This appears to have been to falling disregarded while considering an employees promoion to the next higher post. The aforesaid Administrative Order seems to stipulate that the promotion will be given solely on the basis of an interview but there is no guideline or criteria as to how the interview is to take place and what method is to be used for assessing the merit of the incumbent. ...Md. Reza Kamal Vs. Secretary, Ministry of Civil Aviation, Bangladesh & ors., (Civil), 12 SCOB [2019] HCD 15

In the instant case according to the Administrative Orders of Biman fitness of a candidate for promotion to the higher post is to be on the basis of merit cum seniority an opposed to seniority cum merit. Merit cum seniority means the candidate who has got the highest marks is to be given priority for promotion over other candidates irrespective of his seniority in relation to the other candidates. This process allows the junior most person to supersede his senior if he possesses merit. This is an extra ordinary rule and persons who have put in several years of service may be superseded by his junior colleagues. It is not for this Court to decide whether this system of giving promotion on the basis of merit cum seniority or seniority cum merit is to be maintained. However, if merit is to get precedence over seniority then the assessment of merit of a candidate must be done most stringently and there should be no scope for arbitrary decisions of pick and choose. ...Md. Reza Kamal Vs. Secretary, Ministry of Civil Aviation, Bangladesh & ors., (Civil), 12 SCOB [2019] HCD 15 ....View Full Judgment

Principle to amend Pleadings; We find that one of the fundamental principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. ...British American Tobacco Bangladesh Company Ltd.Vs. Begum Shamsun Nahar, (Civil), 12 SCOB [2019] HCD 125 ....View Full Judgment

Private body -Acting on the footing of Republic; Thus it is palpably clear that the respondent no. 1 (Alliance) has been acting with the consent of the DIFE and assisting it in inspecting and ensuring the safety of the garment factories in the country. So we hold that the Alliance has been performing de facto functions in connection with the affairs of the Republic. ...M/S BHIS Apparels Limited Vs. Alliance for Bangladesh Workers Safety & ors., (Civil), 13 SCOB [2020] HCD 1 ....View Full Judgment

Permanent injunction, City Corporation tax, boundary of the property, transfer of specific property, prima-facie title, tax receipt, misreading and non-reading of evidence That the City Corporation holding tax receipt is not the proof of possession if isolated from a lawful prima-facie title claimed on the basis of apparently genuine deed and with reference to a clear chain of title. ...Mosammat Syeda Shamima Kader Vs. Mohammad Enamur Rashid Chowdhury, (Civil), 13 SCOB [2020] HCD 79
It has to be noted here that, this case of claiming title in the suit property based on no title in any specific property is apparently a case of the land grabbers. Case of a land grabber is totally isolated from the chain of title and their deeds do not refer to any specific immovable property, so that a land grabber can grab any property or any portion of a property, on the basis of the papers created by or kept in their hands. ...Mosammat Syeda Shamima Kader Vs. Mohammad Enamur Rashid Chowdhury, (Civil), 13 SCOB [2020] HCD 79 ....View Full Judgment

Presumption as to awareness of the Legislature:
While interpreting an amending law enacted by parliament, it cannot be presumed that the Legislature was unaware of the existing law or that the Legislature has committed any mistake by not mentioning a particular matter in the amending law. ...Civil Miscellaneous No. 11 of 2022 (Reference), (Civil), 17 SCOB [2023] HCD 8 ....View Full Judgment

The question whether a statute operate retrospectively, or prospectively only, in one of legislative intent. In determining such intent, courts observe a strict rule of construction against a retrospective operation, and indulge in the presumption that the legislature intended statutes, or amendments thereof, enacted by it, to operate prospectively only and not retroactively. However, a contrary determination will be made where the intention of the legislature to make the statute retroactive is stated in express terms, or is clearly, explicitly, positively, unequivocally, unmistakably, and unambiguously shown by necessary implication or terms which permit no other meaning to be annexed to them, and which preclude all question in regard thereto, and leave no reasonable doubt thereof. ...PHP Steels Ltd Vs. Commissioner, Customs Bond Com. & ors, (Civil), 2 SCOB [2015] HCD 73 ....View Full Judgment

Regarding the claim (No.viii) we find that the accident has taken place during the contract period and thereafter he took treatment and failed to succeed as a result he suffered a lot and finally he lost one of his legs, which was also held within the time frame of contract and MoU and claims was made within stipulated time mentioned in MoU. So there is nothing wrong to get the benefit of the insurance claim. ...Delta Life Insurance Co. Ltd Vs. BADC, (Civil), 2 SCOB [2015] HCD 77
The court has no discretion in the matter awarding compensation. However considering the sufferings of the applicant as well as upon taking the considered view of agreement made by the appellants advocate, we are of the opinion that the interest of justice will be served if the appellants are directed to pay the claim of Abdul Motalib along with interest at the rate of 6% of his claim from the date of institution of the suit till date. ...Delta Life Insurance Co. Ltd Vs. BADC, (Civil), 2 SCOB [2015] HCD 77 ....View Full Judgment

Reading out a document to the executants before execution, is an usage and custom having the force of law:
The requirement to read out a document to the executants before execution, is an usage and custom followed from the time immemorial. This custom, having the force of law, requires to record the fact in a deed, that the same was read out and explained to the executants, so that it can be inferred that they have executed the deed voluntarily and having understood the contents of the same. Unless a deed is read out to the executants, it cannot be said that they had understood its contents and had voluntary executed the same. However, there might be exception to this Rule and this might not be fatal in each case and the application of this Rule will depend upon the facts and circumstances peculiar to each case. …Abedun Nessa Vs. Jaher Sheikh and others, (Civil), 16 SCOB [2022] HCD 37 ....View Full Judgment

Statutory privilege:
A statutory privilege is a nascent right reserved to an individual person but this privilege is lost once he/she himself infringes it or abandons it voluntarily. The Writ Petitioner in fact has abandoned the statutory privilege by willfully and deliberately refraining from depositing the balance amount of bid money within the prescribed period of limitation. By filing the application seeking permission to deposit the balance 75% bid money instead of depositing the amount directly, the auction purchaser relinquished his known statutory right as auction purchaser and waived all his rights to the property in question as well as the earnest money deposited by him. ...M. A. Hashem Vs. Artha Rin Adalat, Dhaka & ors, (Civil), 6 SCOB [2016] HCD 19
Where there is equal equity the law shall prevail: Under the rule of equity, the holder of a legal as well as an equitable interest shall be preferred on the basis of the principle that where there is equal equity the law shall prevail. In other words, a legal interest is superior as between two persons having equitable interest because equity follows the law. ...M. A. Hashem Vs. Artha Rin Adalat, Dhaka & ors, (Civil), 6 SCOB [2016] HCD 19 ....View Full Judgment

Therefore, since the very definition of the term ‘Coaching Business’ has only attracted the involvement teachers of the above mentioned institutions as a mischief, this Nitimala in fact has not prohibited the ‘coaching business’, or ‘coaching centers’, run by any individual in his or her private capacity who is not a teacher of the above mentioned institutions. This means involvement of an individual, who is not a teacher of the above mentioned institutions, in such coaching centers or business has not been prohibited by this Nitimala. Therefore, the prohibition, as provided by this Nitimala, only applies to the teachers of the above mentioned institutions and not to any individuals or private citizens or persons, who are not teachers of such educational institutions. ...Dr. Farhana Khanum Vs. Bangladesh & ors., (Civil), 12 SCOB [2019] HCD 276

From the above discussions, it appears that even in the absence of the said Nitimala, the petitioners and other teachers of non-government and government schools and colleges are not allowed to engage themselves in any sort of coaching business. This prohibition has not been provided by the said Nitimala of 2012, rather this has been given by their concerned service Rules which are delegated legislations and applicable to them. When the petitioners, or other teachers of government and non-government schools and colleges, joined their services, they joined as such fully knowing that the said Service Rules would be applicable to them.
Therefore, by the said Nitimala, the government has in fact supplemented the provisions which are already in the statute books and in doing so, the government does not need to show any other sanction of statute or Act of parliament. It is the part of the constitutional power of the government as executive to run the governance and in running such governance, it is the duty and obligation of the government to take steps for implementation of the laws and regulations time to time enacted by the parliament or by the delegatees of the parliament. Under such obligations, the governments in modern countries issue various Circulars, Paripatra, Nitimala etc. and this has now become essential and normal administrative technic in modern countries. The only limitation in issuing such Nitimala or Nirdeshika is that by such Nitimala or Nirdeshika, the government cannot curtail the rights of any citizen which is already granted in his/her favour either by the Constitution or by law or by any other legal instruments. ...Dr. Farhana Khanum Vs. Bangladesh & ors., (Civil), 12 SCOB [2019] HCD 276

Therefore, in the facts and circumstances of the present cases, the petitioners have failed to show that either the Constitution or any act of parliament or any delegated legislation of this Country has given them any right to get involved in coaching business. Rather, it has become evident from the above referred delegated legislations that in fact they have been prohibited by the law of the land from getting involved in coaching business. Thus, in so far as the said Nitimala is concerned, since the same has not curtailed any rights of the petitioners guaranteed either by the constitution or any law, it cannot be knocked down by this Court. Rather, it should be protected by this Court as it is the supplemental instrument to the already existing laws of the land. In this regard, the decisions of Indian Supreme Court in Bennett Coleman Co. v. Union of India, AIR 1973 SC 106, Bishamber Daval Chandra Mohan v State of UP, AIR 1982 SC-33 and Distt. Collector, Chittoor v Chittor Disttt. Groundnut Traders Assn, AIR 1989 SC 989 may be looked into as references. Therefore, on this point of unconstitutionality and unimplementablity of the said Nitimala of 2012, as argued by the learned advocates for the petitioners, we find no substance. ...Dr. Farhana Khanum Vs. Bangladesh & ors., (Civil), 12 SCOB [2019] HCD 276 ....View Full Judgment

To provide Emergency Medical services for accidental injured persons and protecting Good Samaritan.
In substantiating the significance of the role of Good Samaritans the Petitioners draw on a similar exercise previously undertaken under the aegis of the Supreme Court of India in Save Life Foundation and another vs. Union of India and another in Writ Petition (Civil) No. 235/2012 in which the Ministry of Road Transport and Highways (Road Safety) issued necessary directions by gazette notifications with regard to the protection of Good Samaritans to be followed by hospitals, police and all other authorities until appropriate legislation by the Union Legislature. ...Syed Saifuddin Kamal & anr. Vs. Bangladesh & ors., (Civil), 13 SCOB [2020] HCD 85

This Court, hereby, further directs, and as per the prayer of all parties concerned agreed on the same, that the নীতিমালা in its entirety be deemed enforceable as binding by judicial sanction and approval pending appropriate legislative enactments incorporating entrenched standards objectives, rights and duties. This Court further directs a wide dissemination of the নীতিমালা through publication variously in the Official Gazette and through electronic and print media as shall serve both public interest and secure a broader objective of social mobilization of views and perception of the necessity of such guidelines as indeed anticipated in Clause 15 of the নীতিমালা। Such dissemination shall positively be initiated within a period of 2 (two) months from the date of receipt of a certified copy of this Judgment and Order by the Respondent No. 1, Ministry of Health reflecting preferably all textual amendments as observed upon above by this Court and declare specifically and expressly in its preambular provisions the approval and sanction granted by this Judgment and Order of today’s date clothing the নীতিমালা with legal enforceability up until necessary legislative enactments are brought forth. ...Syed Saifuddin Kamal & anr. Vs. Bangladesh & ors., (Civil), 13 SCOB [2020] HCD 85 ....View Full Judgment

The trial Court held that the defendant could not prove that Abdul Ali and Anwar Ali were the sons of Ashraf Ali and Anwar did not go to India. The appellate Court, upon evaluating the evidence, reversed the finding of the trial Court holding that it was the duty to prove such assertion by the plaintiffs by adducing relevant papers or by circumstantial evidence but the plaintiffs did not try to do so. This view of the appellate Court also based on proper appreciation of the evidence and materials on record. ...Abul Kasem & anr Vs. Asfaque Ahmed & anr, (Civil), 17 SCOB [2023] HCD 93 ....View Full Judgment

Unlawful Appointments not validated by rendering service; If any appointment is given by the Authority in gross violation of the Rules, lapse of any period of time and rendering of service in the said post by the incumbent cannot clothe the said appointment with any legal validity. ...Dr. Nafia Farzana Chowdhury Vs. BSMMU & ors., (Civil), 14 SCOB [2020] HCD 33 ....View Full Judgment

When Executing Court can go behind the decree:
The ratio that Executing Court cannot go behind the decree is not absolute. It has got four exceptions; the Executing Court may refuse to execute the decree, if it is found that the decree was passed by the Court having no jurisdiction or it is made against dead man or the decree is tainted with apparent fraud. ...Md. Shahin Ikbal Vs. General Certificate Officer & ors, (Civil), 17 SCOB [2023] HCD 168 ....View Full Judgment

When a higher authority, namely the NBR, has expressed its opinion agreeing with the proposal sent by the earlier Bond Commissioner (Mr. Helal Uddin), it became very much difficult for the subsequent Bond Commissioner (Mr. Enayet) to go for any other option but to follow the proposal as was agreed upon by the NBR. This being so, this Court is of the view that, the show cause notice dated 25.05.2004 was in fact a closedminded show cause notice. Therefore, giving reply to the such show cause notice, or attending a hearing pursuant to such show cause notice, became a mere formality for the petitioner. This view is further strengthened when we see the actions taken by the Bond Commissioner against the petitioner at the same time of issuance of the said show cause notice. When the Bond Commissioner requests other concerned authorities to suspend a license for all practical purposes, no reasonable reading can be done from such actions that the said show cause notice was in fact a closed-minded show cause notice inasmuch as that the concerned Commissioner had already decided the fate of the petitioner’s license. ...Coats Bangladesh Ltd Vs Commissioner, Customs Bond Com. & ors., (Civil), 5 SCOB [2015] HCD 40 ....View Full Judgment

Writ Court is also a Court of equity: Will the petitioner continue to suffer loss of his seniority through no fault of his own? Is the Writ Court powerless in this regard? In this connection, it may be pointed out that the Writ Court is also a Court of equity. The principles of natural justice, equity and good conscience demand that the seniority of the petitioner be restored at least from the date of promotion of his colleague Dr. Md. Jubair Bin Alam to the post of Personal Professor on 06.11.2004 who admittedly made his application therefor on 28.12.2003 which was subsequent to the date of making of the application by the petitioner on 21.12.2003. In this way, the injustice done to the petitioner, according to us, can be remedied. ...Dr. Moazzem Hossain Vs Bangladesh & ors, (Civil), 6 SCOB [2016] HCD 34 ....View Full Judgment

When the meaning of any word/terminology is simple and plain, a Court shall not indulge in carrying out an exercise of interpreting the said word for finding out a different meaning:
It is the consistent view of all the Apex Courts across the globe that when the meaning of any word/terminology is simple and plain, a Court shall not indulge in carrying out an exercise of interpreting the said word for finding out a different meaning, going against the rules of statutory interpretation; for, it is the well-established principles of statutory interpretation that normally the plain literal meaning of any word or expression shall be taken and applied by the Court unless the said meaning creates contradiction with the other provision of the same statute. And, if the interpretation of the word/terminology leads to such an alternative meaning which is likely to introduce a confusion hampering smooth functioning/working of the prevailing/existing system, then, it is incumbent upon the Court to reject the alternative meaning. ...Engr. Md. Anwar Hossen Vs. Chittagong Club Ltd & ors., (Civil), 15 SCOB [2021] HCD 60

The golden rule of statutory interpretation:
The golden rule of statutory interpretation is that when any ambiguity appears in a provision of a statute, the first option for the Court is to find out its literal meaning. And, in the event that it becomes a complex task for the Court to go with the above rule, only then, the Court would endeavour to discover its meaning with the help of the preamble and other provisions of the concerned statute without making any of its provisions nugatory. ...Engr. Md. Anwar Hossen Vs. Chittagong Club Ltd & ors., (Civil), 15 SCOB [2021] HCD 60 ....View Full Judgment

Company matter:
Without reference of the decision of the Board of Directors, note mentioning the consent of the board is an after thought act and was created to justify the malafide action of the Managing Director and CEO of the Biman:
It appears from the above that in note No. 15 dated 25.02.2020 the approval/decision/resolution of the board was not mentioned, but surprisingly in note No. 13 dated 25.02.2020 of a separate Nothi it is stated that the board had given consent to retiring the petitioner with benefit. It further appears from note No. 12 of the same note sheets that those were placed before the Managing Director and CEO on 25.02.2020. The impugned order was issued on 25.02.2020. So, when did the board of directors decide the matter and gave consent to the same? Is it on 25.02.2020? What is the number of the board meeting? Where are the minutes of the meeting? The respondents could not give any answer to these questions. No decision of the board was placed before us. We have examined the personal file of the petitioner and the connected file provided by the Biman. We have not found any decision of the board. Mr. Dolon submits that Note No. 13 is after thought and was created to justify the malafide action of the Managing Director and CEO of the Biman. The impugned order does not mention any decision of the Board of directors of the Biman, whereas, it is already noted that in the matter of removal from the service, the Biman follows article 59(b) of its articles of association and in the respective office orders reference of the decision of the board is mentioned. In the circumstances, the respondents are not allowed to rely on the case of Md. Yousuf Haroon on the basis of the principle of approbation and reprobation. ...Md. Mominul Islam Vs. Bangladesh & ors, (Civil), 17 SCOB [2023] HCD 108 ....View Full Judgment

Burden of proof:
When a trade mark is register the presumption would be that it is for use as such. If anyone contents that the registration was not bonafide to use that trade mark then he must show that what other purpose the registration was done. The burden of proving the facts is on the person who seeks to have the trade mark removed from the register. .....Danish Foods Ltd Vs. Rani Food Industries Ltd & anr, (Spl. Statutory 19 SCOB [2024] HCD 104
There leaves no doubt or dispute that the registration of the trade mark confers a valuable right. The person in whose name the trade mark has been registered may take action against any person have passing of the goods. The registered trade mark confers an exclusive right of use of the trade mark in relation to the goods in which a trade mark is registered. As a person obtained a right on and from the date of registration, he can ordinarily to be deprived of his right only if it is seen that application was not a bonafide one but if it obtained for bonafide use he may not be fastened with any liability owing to non user on the part of the criticizer. .....Danish Foods Ltd Vs. Rani Food Industries Ltd & anr, (Spl. Statutory) 19 SCOB [2024] HCD 104 ....View Full Judgment

Admissibility of evidence; Cross-examination; Money Suit;
In absence of cross-examination, mere examination-in-chief cannot be admitted as evidence when the defendants cannot get any opportunity to test the veracity of such testimony as well as the documents so have been produced and exhibited by the plaintiff-witness. In essence, the evidence ended in chief has got no evidentiary value at all. .....Reliance Insurance Ltd. Vs. Phoneix Fin. & Invest. Ltd & ors, (Civil), 19 SCOB[2024] HCD 112 ....View Full Judgment

No doubt, a pleader stands on the same footing in regard to his authority to act on behalf of his clients. There is inherent in the position of counsel an implied authority to do all that is expedient, proper and necessary for the conduct of the suit and the settlement of disputes. This power, however, must be exercised bonefide and for the benefit of his client. It is prudent and proper to consult his client and take his consent if there is time and opportunity. He should not act on implied authority except when warranted by exigency of circumstances and a signature of the party cannot be obtained without under delay. .....Sannyashi Mondal Vs. Nirmol Chandra Mondol & ors, (Civil), 19 SCOB [2024] HCD 172 ....View Full Judgment

The Court must satisfy itself by taking evidence or on affidavits or otherwise that the agreement is lawful:
The Court must satisfy itself about the terms of the agreement. The Court must be satisfied that the agreement is lawful and it can pass a decree by it. The Court should also consider whether such a decree can be enforced against all the parties to the compromise. A Court passing a compromise decree performs a judicial act and not a ministerial work. Therefore, the Court must satisfy itself by taking evidence or on affidavits or otherwise that the agreement is lawful. If the compromise is not lawful, an order recording the compromise can be recalled by the Court. In case of any dispute between the parties to the compromise, the Court must inquire into and decide whether there has been a lawful compromise in terms of which the decree should be passed. The Court in recording compromise should not act casually. Where it is alleged by one party that a compromise has not been entered into or is not lawful, the Court must decide that question. .....Sannyashi Mondal Vs. Nirmol Chandra Mondol & ors, (Civil), 19 SCOB [2024] HCD 172 ....View Full Judgment

‘In writing’ serves as a crucial jurisprudential tenet, offering a measure of certainty and accountability in legal proceedings and contractual relationships:
In the realm of legal nomenclature, the term ‘in writing’ possesses a nuanced significance that denotes the requirement for a documented, tangible expression of information, typically through the medium of the written word, in order to establish the veracity and enforceability of a legal agreement, communication, or provision. This requirement is often mandated by statutes, contracts, or judicial rules, necessitating that the content in question be meticulously recorded on a durable and comprehensible medium, affording parties involved a clear and reliable record of their intentions and obligations. Consequently, ‘in writing’ serves as a crucial jurisprudential tenet, offering a measure of certainty and accountability in legal proceedings and contractual relationships, while adhering to the principles of transparency and due process in the administration of justice. .....Sannyashi Mondal Vs. Nirmol Chandra Mondol & ors, (Civil), 19 SCOB [2024] HCD 172
Mutual assent simply means that there is an agreement reached by both parties on all aspects of the contract's terms and conditions. In summary, these requirements ensure that contracts are properly formed with clarity on obligations expected from each participant in business dealings involving procurement matters. .....Sannyashi Mondal Vs. Nirmol Chandra Mondol & ors, (Civil), 19 SCOB [2024] HCD 172
The compromise should be reduced in writing and signed by them. They must depose on oath before the Court supporting the terms laid down in the solenama and upon receiving the solenama the Court shall consider the deposition and scrutinize the record to find out whether the terms and conditions settled therein are fair and legal and if satisfied, would pass a decree based on the solenama. If the parties authorized their engaged lawyers to compromise the suit or appeal, in that case, written authority should be given by the respective parties to their appointed lawyers. In that case, the lawyers are empowered to file solenama on behalf of their clients. The statements of the lawyers should be recorded on oath by the Court concerned and it must be read over and explained to them and accepted by the lawyer to be correct. Then the Court accepts the same upon observing the legal formalities. .....Sannyashi Mondal Vs. Nirmol Chandra Mondol & ors, (Civil), 19 SCOB [2024] HCD 172 ....View Full Judgment