The accused sentenced for more than two years in the corruption case is constitutionally ineligible for the Jatiyo Sangsad elections: The Supreme Court

High Court Justice Md. A bench consisting of Nazrul Islam Talukder and Justice KM Hafizul Alam gave such observations in the verdict.

A full copy of the judgment was published on the Supreme Court's website on October 22.

The High Court has suspended the punishment and sentence given by the judicial court in separate cases of corruption of five leaders of BNP.

In the judgment, the court said, there is no opportunity to suspend the sentence of the appellants to facilitate their participation in the parliamentary elections.

Anti-Corruption Commission lawyer Khurshid Alam Khan said at that time, the court has given an opinion that no one can participate in the elections if he is sentenced for more than two years. An appeal against the sentence is pending, the petitioner is on bail, the order of fine has been stayed these cannot be grounds for stay of sentence or sentence, the court said. Constitution is the supreme law. Article 66 (2)(d) of the Constitution prohibits selection of convicts.

This condition has is laid down in article 66 of the Constitution which contains “A person shall not be qualified to be elected as, and to be, a member of Parliament who has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release”. 

BNP leader A ZM Zahid Hossain's lawyer Khairul Alam Chowdhury said that there is no opportunity to suspend the sentence according to Section 426 of the Criminal Procedure Code. The court also said that while the appeal filed by an accused person in the Appellate Court against the judgment of penalty and sentence is pending, that person cannot participate in the election.

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Loans can be availed by mortgaging movable property: (Surokkhito Lenden (Osthabor Sompotti) Bill, 2023

Jatiya Sangsad has approved the proposal to make a new law which allows the borrowers to take loans from banks and financial institutions by mortgaging movable property like gold, silver, cars, and furniture.

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Family Court Act, 2023 passed in the Parliament

The Family Courts Ordinance, 1985 had been regulating the procedure of family courts in Bangladesh before the Family Court Act, 2023 came into force. It has been passed to make a new law in Bangladesh to deal with the disputes relating to family matters i.e., dissolution of marriage, restitution of conjugal rights, dower, maintenance, guardianship and custody of children.

Though, appeals against the judgements of the Family Courts  could only be brought to the Court of District judge as per the provision of previous law, this newly passed Act has came up with the provision for appeal to District Judge Court as well as the courts of other judges equivalent to the district judges i.e., women and children or labor courts. It has been updated to reduce the increased pressure by the provision of appeal in the previous law on the district judge to hear the appeals. 

Apart from this, it has been proposed to increase the court fee of family court cases from Tk 50 to Tk 200. 

  

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Remand of 6 people including doctors and teachers is granted

A huge syndicate that regularly leaks questions in the admission tests of the medical colleges of the country. A case was filed in Mirpur Model Police Station on July 20, 2020 in this incident. CID arrested them as their name came up in the investigation of this case.

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Returns can be filed at any time of the year: The Income Tax Act, 2023

The National Board of Revenue (NBR) has recently said that taxpayers can file their returns at any time of the year though in section 171 every tax payer is required to file return on or before 30th November on working days.

NBR's letter said that the news has created confusion among common taxpayers. It presents incomplete and inconsistent information.

A letter sent by NBR to a daily newspaper presents, "After November 30, you will no longer be able to file income tax returns or returns." There is no such provision in the Income Tax Act, 2023. According to the Income Tax Act, 2023, any taxpayer can file a return at any time.

As per section 171 every tax payer is required to file return on or before 30th November on working days and in the manner provided under section 173. However, if a taxpayer fails to file the return within the tax day, he can file the return at any time after the tax day and pay the tax as per section 174.

NBR said that no provision has been made in the Income Tax Act, 2023 for extension of time for filing returns. Because, taxpayers can now file returns at any time. In case of return filing before tax day, tax has to be paid as per section 173 and in case of return filing after tax day, tax has to be paid as per section 174.

Section 180 of the Income Tax Act, 2023 allows a taxpayer to file his due return in self-assessment mode, which was not possible under the Income Tax Ordinance, 1984. That is, the taxpayer can now file the return of any year at any time and can file it in self-prescribed mode. There is no legal impediment to it.

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75 students can get admission in the law department of a private university

The Appellate Division of the Supreme Court has ruled that 75 people can be admitted to the law department of private universities instead of 50 people.  At the same time, the order mentioned that government universities will admit 100 students in the law department.

On Thursday (August 24), a six-member bench of the Appellate Division headed by Chief Justice Hasan Faiz Siddiqui gave the verdict.

In addition, the Supreme Court fined Tk 25,000 for every student who admitted more than 50 students in the law department of private universities.  Bangladesh Bar Council has been asked to pay 80 percent of these fines and 20 percent to the Supreme Court's day care center.

The concerned university authorities will pay this fine.  The Appellate Division gave this order after hearing the review application of students who were additionally admitted to the law department of private universities.

On the day, senior lawyer Ahsanul Karim heard on behalf of the students in the court.  Attorney General AM Amin Uddin appeared for the state.  Barrister SM Kofil Uddin heard on behalf of the Bar Council.

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Gazette of State Acquisition and Tenancy (Amendment) Act, 2023 Published

 

The District Judge will be the judge of the Land Survey Appellate Tribunal for settlement of land disputes. Apart from this, if necessary, the government can appoint senior assistant judges or assistant judges to settle cases of land survey tribunal. The State Acquisition and Tenancy (Amendment) Act, 2023 brought these changes on Tuesday (July 11), 2023. Details of the Act are going to be elaborated hereinafter.

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7 years of imprisonment for those who claim the land owned by others as their own- Bhumi Oporadh o Protikar Ain, 2023

The Cabinet has given approval to the draft of the The Land Offenses and Remedies Act- 2023' (Bhumi Oporadh o Protikar Ain, 2023).  It involves seven years of imprisonment if there is evidence that someone is claiming the land owned by another as their own.  Imprisonment for two years if there is evidence that someone else's land has been taken in one's name by conspiracy.  By keeping this provision, land offenses are clarified in the law.

This approval was given in the Cabinet meeting held at Prime Minister Sheikh Hasina's office on Monday (June 19) morning.  In the afternoon, the Cabinet Secretary briefed the journalists on this matter.  Mahbub Hossain, the cabinet secretary said that even if someone abets in committing such crime, the same punishment will be given.

Besides, today the cabinet has given final approval to the draft of 'Balumahal o Mati Babosthapona Ain, 2003'. As a result, sand or soil cannot be extracted from any agricultural land.

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Lawyer beaten up: Additional DIG dismissed

Enamul Kabir, Additional DIG (Administration and Finance), Mymensingh Range, has been suspended for allegedly beating up a lawyer in Mymensingh.  The District Bar Association demanded the suspension of the Additional DIG for allegedly beating up the lawyer.

On Monday (June 19) by order of the President, Senior Secretary of the Ministry of Home Affairs.  This order of dismissal has been issued in a notification signed by Mostafizur Rahman.

A departmental case has been received against Md. Enamul Kabir, Additional DIG (Administration & Finance), Mymensingh Range, Mymensingh for alleged activities against departmental discipline, unethical activities and he should be suspended from government service in public interest, the notification said.  It is considered appropriate.

The notification also mentions that Md. Enamul Kabir, Additional DIG (Administration & Finance), Mymensingh Range, Mymensingh has been appointed in Government service with effect from 18-06-2023 as per Rule 12(1) of the Government Servants (Discipline and Appeal) Rules, 2018.  A temporary dismissal was ordered.  During his suspension he will be attached to the Range DIG Office, Sylhet and will receive subsistence allowance as per rules.

Earlier, in a press conference at the Mymensingh Lawyers Association office on June 15, Advocate Moazzem Hossain Babul, president of the association and general secretary of the district Awami League, demanded the dismissal of Additional DIG Enamul Kabir.  Senior lawyers were present at the press conference.

In a written statement, Advocate Babul said that Advocate Ashikur Rahman went to the room of Additional DIG of Mymensingh Range Enamul Haque regarding a complaint at 2.30 pm on June 14 and he took the hearing.  At one point, the additional DIG said to the lawyer, 'Why are you standing with your neck bent?  He slapped him too much.  Later he got excited and beat him severely by bringing a rod through the constable.

Apart from this, the District Lawyers Association held an emergency meeting at the lawyer's building to strongly condemn, anger and protest the incident.  He demanded the dismissal of Additional DIG of Mymensingh Range Enamul Kabir.

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LL. M. (Professional) Admission Notice-2023 of Jagannath University published

JNU Professional Master of Laws Admission Notice-2023

(Session: 2023-2024/ Batch: July-2023)

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High Court’s Judgment in Bengali in honour of language martyrs

Honoring language martyrs, the High Court gave its verdict in Bengali on the first day of February.

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Life sentence for a couple and their son in a murder case

 

The court sentenced a couple and their son to life imprisonment in the case of hacking to death of a man named Abdul Karim in Teknaf, Cox's Bazar. Meanwhile, each of them has been sentenced to another year in prison without paying a fine of Tk 50,000.

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149 judgments and orders in Bengla on the first day of the month of language

At least 149 judgments and orders were passed in Bengla by the Appellate and High Court Divisions of the Supreme Court of Bangladesh on the first day of Language Month in honor of Language Martyrs.

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Inauguration of Bangla version of Supreme Court website during this Month of Language

Chief Justice Hasan Faiz Siddiqui inaugurated the Bangla version of the Supreme Court website.

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The mother will be the guardian of the illegitimate child: The Supreme Court

Though only father's name was allowed in case of guardian, the High Court Division of the Supreme Court of Bangladesh has given a historic verdict directing to accept father or mother or legal guardian as the guardian in filling all necessary forms including education. As a result of this historic judgment, the High Court recognized the mother as the guardian of the child.

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