High Court
Banks, financial institutions won’t be allowed to file cheque dishonour case: HC
The High Court on Wednesday ordered that banks and financial institutions will not be allowed to file any case against any person over cheque dishonor.
The HC bench of Justice Md Ashraful Kamal passed the order after turning down the cheque dishonor case of Brac Bank against a small businessman for loan recovery.
At the same time, the court ordered stopping the proceedings of all check dishonor cases pending in the trial court.
Read more: HC revokes bail of militant arrested from Mymensingh
However, a case can be filed in the Money Loan Court only under the Money Loan Act of 2003 for loan recovery, the HC said.
HC also instructed the lower courts to dismiss the cheque dishonour cases filed by any banks or financial institutions and send those to the Money Loan court.
On June 20 in 2016, Mohammad Ali, a small businessman of Brahmanbaria, was sentenced to six-month imprisonment and fined Tk 2.95 lakh in a cheque dishonour case.
Read more: HC issues rule on compensation for daily labourers jailed by mobile court
On July 27 in 2015, Brac Bank filed the cheque dishonour case against Mohammad Ali .
Ali appealed to the HC against the judgment.
The HC relieved him of the imprisonment and ordered him to pay back 50 percent of the loan within the next 10 days, said his counsel Advocate Abdullah Al Baki.
Meanwhile, Brac Bank’s counsel Saifuzzaman Tuhin said they will appeal against the HC order.
HC revokes bail of militant arrested from Mymensingh
The High Court on Tuesday revoked the bail order of a member of the banned militant outfit Ansar al-Islam who was arrested from Mymensingh.
The accused Shoaib Ahmed was arrested from Mymensingh last year.
Read more: Another probe body formed over 2 militants’ escape from court premises
The HC bench of Justice Md Kamrul Hossain Mollah and Justice Khandaker Diliruzzaman passed the order following a note to appeal against the bail order.
On Sunday, the court granted militant Shoaib bail in a case filed under the anti-terrorism act. Later, a notice was served to appeal against this bail.
Read more: Mastermind behind militant escape from custody identified: CTTC Chief
On August 28 last year, members of Rapid Action Battalion (Rab) arrested Shoaib and Hujaifa Ahmed conducting a drive at Shoaib’s house in Mymensingh in connection with the case filed at Kotwali police station.
During interrogation, the arrestees confessed that they used to recruit members and raised funds to form an organisation inspired by the ideology of Ansar al-Islam, which they would name ‘Mujahid Al Hind Bangladesh.’
HC dismisses writ petition seeking FM Momen's disqualification
The High Court on Monday dismissed a writ petition challenging the legality of AK Abdul Momen holding the office of the Foreign Minister.
The HC bench of Justice Md Mojibur Rahman Mia and Justice Kazi Md Ejarul Haque Akondo dismissed the petition saying that such writ petition has no merit.
Advocate Mostafizur Rahman Ahad and Advocate Ershad Hossain Rashed appeared for the petitioner while Attorney General AM Amin Uddin, Deputy Attorney General Arvind Kumar Roy, Assistant Attorney General Mohammad Abbas Uddin and Samsun Nahar Laiju for the state.
Read more: Legal notice served seeking FM Momen’s resignation in 48 hrs
On September 5, on behalf of SC advocate Md Ershad Hossain Rashed, lawyer Mostafizur Rahman Ahad filed the petition in the High Court.
The foreign minister, cabinet secretary, secretary of parliament secretariat were made respondents to this writ petition.
On August 21, SC lawyer Ershad sent a legal notice to the foreign minister urging him to step down within 48 hours for violating the Constitution over his "controversial comments".
Read more: Bangladesh not turning into Sri Lanka : FM
At a Janmashtami programme in Chattogram on August 18, Momen reportedly said that he had urged the Indian government to back Prime Minister Sheikh Hasina so that she can stay in power.
After much criticism over this statement, the FM provided an explanation the next day, saying that he had requested the Indian government to help the Bangladesh PM maintain the stability of her government.
Termination of 3 Khulna University teachers illegal: High Court
The High Court has declared the termination of three teachers of Khulna University (KU) illegal.
The court also asked KU to reinstate the three teachers – Bangla discipline's Assistant Professor Abul Fazal, Bangla discipline's Lecturer Shakila Alam and History and Civilisation discipline's Lecturer Haimanti Shukla Kabery – in their jobs.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo came up with the order Thursday after hearing a rule issued earlier, writ petitioner's counsel Jyotirmoy Barua said.
On February 9 in 2021, following a writ petition filed by the teachers, the court issued a status quo on their termination. It also issued a rule asking KU and the government to explain in four weeks why the termination should not be declared illegal.
Read more: Khulna University: Students call off movement following assurance
On January 28, KU decided to terminate the teachers for expressing solidarity with a student movement at the university in 2020, Barua said.
On January 1, 2020, the KU students staged a protest on the campus to press home their demands, including the reduction of tuition fees and proper accommodation.
Read more: Khulna University reschedules academic calendar
Remove illegal brick kilns in 4 districts: HC
The High Court on Monday directed the government to stop operations of all illegal brick kilns in four districts -- Bogura, Tangail, Lalmonirhat, and Thakurgaon.
The HC bench of Justice Md Ashfaqul Islam and Justice Md Shohrowardi came up with the order following a writ petition.
The HC bench of Justice Md Ashfaqul Islam and Justice Md Shohrowardi directed the Department of Environment (DoE) to implement this order and submit a report within the next seven days.
Besides, it has asked to make a complete list of all illegal brick kilns in the country and submit the list within the next 2 weeks, said Manzil Morshed, president of Human Rights and Peace for Bangladesh (HRPB).
The court also issued a rule asking the authorities concerned to explain in four weeks why their inaction to shut down the illegal brick kilns in four districts under the Brick Kilns Control Act, 2013 should not be declared illegal.
Read more: HC asks for list of closed brick kilns around Dhaka
Despite the existence of provisions like no brick kiln can be set up without a license, they continue to proliferate throughout the country
The writ was filed on November 6 following a report published in a daily newspaper in this regard.
Read more: 5 brick kiln workers killed by lightning strike in Rangpur
HC clears way to continue graft case against BNP leader Dulu
The High Court (HC) on Monday cleared the way to resume the trial of BNP’s Rangpur division organizing secretary Asadul Habib Dulu in a corruption case filed 12 years ago for amassing wealth beyond known sources of income.
The HC bench of Justices Md Nazrul Islam Talukder and Khijir Hayat cancelled its previous ruling that stayed the trial proceeding against the BNP leader.
It also asked the judicial court to dispose of the case within one year.
During the hearing, Deputy Attorney General AKM Amin Uddin Manik stood for the state, while Md Khurshid Alam Khan and Abdur Razzak Khan represented the Anti-Corruption Commission (ACC) and the accused, respectively.
Read: Arresting govt employees: Appellate Division clears way for regular appeal against HC verdict
On January 21, 2009, the ACC filed a case against Dulu with Lalmonirhat Sadar Police Station, accusing him of amassing wealth illegally. The anti-graft watchdog also submitted a charge sheet the same year.
Dulu lodged a petition with the HC which then issued a rule staying the trial of the case on August 25, 2010.
Employers will have to pay journalists' income tax: HC
The owners of newspapers and other media institutions will have to pay the income tax of their journalists and other employees, the High Court ruled on Sunday.
The HC bench of Justice Md Ashfaqul Islam and Justice Md Shohrowardi passed the order declaring the Cabinet recommendation on gratuity and income tax in the 9th wage board as illegal.
As per the rule, journalist-employees would get two gratuities in a year equal to the basic salary of a month.
Read more: Income tax return mandatory to buy aboveTk 5 lakh saving certificates
Lawyer Kazi Aktar Hamid and lawyer Didarul Alam appeared for the writ petitioner while Deputy Attorney General Kazi Mainul Hasan for the state.
On January 29 in 2018, the 9th Wage Board of 13 members was formed headed by retired Justice Md Nizamul Huq of the Appellate Division of the Supreme Court.
Later, Justice Nizamul submitted a report to the then Information Minister Hasanul Haq Inu on November 4 of the same year, recommending a maximum increase of 85 percent in the salaries of journalists.
Then in January 2019, the Cabinet Committee related to the implementation of the 9th Wage Board was reconstituted, making Road Transport and Bridges Minister Obaidul Quader convener of the board.
The government announced the 9th Wage Board through gazette notification on September 12, 2019.
Read more: Income Tax Wing of NBR racing to meet target in last 4 months of fiscal
But, according to chapter 12 of the notification regarding the cabinet committee recommendations for the 9th Wage Board, journalists and employees have to pay income tax from their own income and will receive a gratuity yearly equal to the basic salary of a month.
On November 23 in 2020, Mohammad Mahbubuzzaman, general secretary of the Bangladesh Sangbad Sangstha (BSS) employees’ association, filed a writ petition with the HC challenging the cabinet committee recommendations.
On November 25 of the same year, the court issued a rule asking why the cabinet committee recommendations should not be declared illegal.
The information and labour secretaries were made respondents to the rule.
HC orders speedy disposal of graft case against Gayeshwar
The High Court (HC) on Thursday ordered the trial court to dispose of the case against BNP Standing Committee member Gayeshwar Chandra Roy filed by the Anti-Corruption Commission (ACC).
The HC bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat passed the order rejecting a petition filed by Gayeshwar Chandra in 2010 seeking cancelation of the case.
The court cleared the way for resuming trial in the case lifting the stay order on the trial proceedings.
Lawyer Nitai Roy Chowdhury appeared for the petitioner in court while Advocate M Khurshid Alam Khan for the ACC and Deputy Attorney General AKM Amin Uddin Manik for the state.
read more: It’s not administration’s duty to help govt to perpetuate power: Gayeshwar
On January 5 in 2009, the ACC lodged a complaint with Ramna police station against Gayeshwar for amassing illegal wealth of Tk 2.86 crore and concealing the information.
ACC submitted a chargesheet to the court on July 5 of the same year.
Later in 2010, the High Court stayed the trail proceedings in the case in 2010 as Gayeshwar filed a petition to quash the case. At the same time, the court issued a rule in this regard.
read more: People will make movement a success this time: Gayeshwar
HC questions govt’s inaction to free house from AL MP Murshedy’s occupation
The High Court on Tuesday (November 01, 2022) issued a rule questioning why the authorities’ failure and inaction to free a house from Awami League MP Abdus Salam Murshedy’s illegal occupation will not be declared illegal.
It also directed the authorities concerned to submit all documents regarding allotment of the abandoned house in the capital’s Gulshan to Awami League MP Abdus Salam Murshedy.
Rajdhani Unnayan Kartripakkha (Rajuk) chairman, Housing and Public Works secretary and Khulna-4 constituency MP Murshedy have been asked to submit the documents within 10 days in affidavit form.
Read more: Salam Murshedy elected MP uncontested
The High Court bench of Justice Md Nazrul Islam Talukder and Justice Khizir Hayat came up with the directive during a hearing on a writ petition filed in this regard in the public interest.
The court has fixed November 13, for the next hearing.
Petitioner Supreme Court lawyer Syed Sayedul Haque Suman said the abandoned house in Gulshan is the property of the Ministry of Housing and Public Works but the Khulna-4 MP illegally occupied it with the help of Rajuk.
Read more: Defaming PM: HC grants bail to Rajbari Mahila Dal leader
On October 30, the SC lawyer submitted the writ petition seeking an investigation into it.
According to the petition, house no 29 of road 104 at Gulshan- 2 was enlisted as abandoned by the government in 1986.
Three letters sent to Rajuk by the Housing and Public Works Ministry in 2015 and 2016 seeking an explanation for the illegal occupation of the house by Murshedy were attached to the petition.
Read More: Defaming PM: HC grants bail to Rajbari Mahila Dal leader
As RAJUK chairman didn’t respond to the letters the writ petition was filed challenging the authority’s inaction against the occupation of the abandoned house by AL MP Murshedy.
Defaming PM: HC grants bail to Rajbari Mahila Dal leader
The High Court (HC) on Monday granted interim bail to Sonia Akter Smrity, a Mahila Dal leader of Rajbari, in a case filed over posting ‘offensive’ content on facebook against Prime Minister Sheikh Hasina.
Smrity, wife of Md Khokon Mia of No 3 Beradanga area of Rajbari Sadar, is a member of Jatiyatabadi Mahila Dal’s Rajbari district unit and founder president of Rajbari blood donors club.
The High Court bench of Justices Md Akram Hossain Chowdhury and Shahed Nuruddin passed the order.
Former Attorney General AJ Mohammad Ali stood for the accused during the hearing.
Police arrested Smrity on October 4 in a case filed under the Digital Security Act (DSA) for making posting offensive status on Prime Minister Sheikh Hasina on Facebook .
Arefin Chowdhury, member secretary of Rajbari district Bangabandhu Sangskritik Jote, lodged an FIR against her.
On October 5, Judge Kaisun Nahar Surma of Rajbari No 1 Judicial Magistrate Court rejected Smrity’s bail plea and ordered to send her to jail.
On October 26, Rajbari Sessions Judge Court also denied bail to Smrity which prompted her to seek bail from the HC.
Read more: Rajbari Mohila Dal member arrested under DSA for 'comment on PM'
In her bail plea, Smrity requested the HC to consider her as a woman and a mother of two children.
According to the FIR, the accused BNP activist made insulting remarks about PM Sheikh Hasina, also president of the ruling Awami League, from her personal Facebook account in two separate statuses on August 31 and September 28.
“In the statuses Sriti wrote Sheikh Hasina threw abusive words to their leader Khaleda Zia, also prime minister of three times, while delivering speech,” according to the FIR.
“No sound word comes out of her (premier) mouth,” it said Sriti wrote in the posts.