|
Secretary, Ministry Of Finance V Masdar Hossain
''Secretary, Ministry of Finance v Masdar Hossain (1999) 52 DLR (AD) 82'' is a case of the Appellate Division of the Supreme Court of Bangladesh. The case concerned the separation of powers in Bangladesh. It is popularly known as the ''Masdar Hossain case''. Facts In 1995, a writ petition was filed by Masdar Hossain, a district judge, on behalf of 441 other civil court judges. The petition put forward the following points:- *Including the judicial service under the executive branch's orders was ultra vires. *Chapter II of Part VI of the constitution ensured lower courts were separate from the executive. *Judges of lower courts could not be subject to an Administrative Tribunal of the executive. The Dhaka High Court ruled in favor of the petition with a 12-point directive in 1997. The government appealed to the Appellate Division of the Supreme Court. Judgement In 1999, the Supreme Court reversed parts of the High Court ruling, but upheld the 12 point directive. It issued a furt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Bangladesh
The Supreme Court of Bangladesh ( bn, বাংলাদেশ সুপ্রীম কোর্ট) is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI Chapter I (article 94) of the Constitution of Bangladesh adopted in 1972. This is also the office of the Chief Justice, Appellate Division Justices, and High Court Division Justices of Bangladesh. As of December 2022, there are 9 Justices in Appellate Division and 92 Justices (81 are permanent and 11 are additional) in High Court Division.List of Judges in Supreme Court of Bangladesh SupremeCourt.gov.bd Structure The Supreme Court of Bangladesh is divided into two parts: the Appellate Division and the High Court Division. The High C ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mustafa Kamal (judge)
Mustafa Kamal (9 May 1933 – 5 January 2015) was the 10th Chief Justice of Bangladesh. His landmark judgment was on the Masdar Hossain case, widely known as the 'separation of judiciary', which was a milestone in the quest for separation of power between the judiciary and the executive of the state. Kamal was a pioneer of alternative dispute resolution (ADR) in Bangladesh, and is considered by many as the 'father of ADR' in Bangladesh. Background Kamal was born on 9 May 1933 in the village of Domar in Rangpur District of the Bengal Presidency in British India (now in Bangladesh). He was named by the national poet of Bangladesh Kazi Nazrul Islam after the Turkish President Mustafa Kemal Atatürk. Kamal's father, Abbasuddin Ahmed, was a legendary Bengali Renaissance singer and composer. Mustafa Kamal's younger brother, Mustafa Zaman Abbasi, is a musicologist and writer, and his younger sister, Ferdausi Rahman, is a legendary playback singer and vocalist. Early life and educati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latifur Rahman
Latifur Rahman (1 March 1936 – 6 June 2017) was the 10th Chief Justice and the 2nd Chief Adviser of Bangladesh. Early life and education Rahman was born in Jessore on 1 March 1936. His father was the lawyer Khan Bahadur Lutfur Rahman. His maternal uncle Nurul Huda served as a High Court judge. He earned his master's in English literature at the University of Dhaka in 1956 and later completed his bachelor's in law from the same university. He served as a faculty member of Shahid Suhrawardy College. Career Rahman started his lawyer career with the Dhaka High Court membership in 1960. He was an apprentice to Bangladesh's first attorney general MH Khandaker. He became a permanent High Court judge in 1981 and an Appellate Division judge on January 15, 1990. Rahman became the Chief Justice on 1 January 2000 and retired from the position on 28 February 2001. He was the chief adviser of the caretaker government A caretaker government is a temporary ''ad hoc'' government that perfo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mahmudul Amin Choudhury
Mahmudul Amin Choudhury (18 June 1937 – 22 December 2019) was a Bangladeshi jurist who served as the 11th Chief Justice of Bangladesh The chief justice of Bangladesh ( bn, বাংলাদেশের প্রধান বিচারপতি — ) is the chief amongst the judges of the Supreme Court of Bangladesh, and also head of the whole judicial establishments, inclu .... He was the judge on the Shazneen Tasnim Rahman murder trial. He died on 22 December 2019 at the age of 82. References 1937 births 2019 deaths People from Sylhet Supreme Court of Bangladesh justices Chief justices of Bangladesh {{Bangladesh-law-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executive Branch
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state. In political systems based on the separation of powers, such as the United States of America, USA, government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the Legislature is to pass laws, which are then enforced by the Executive, and interpreted by the Judiciary. The Executive can be also be the source of certain types of law, such as a decree or executive order. In those that use fusion of powers, typically Parliamentary systems, the Executive forms the government and its members generally belong to the political party that controls the legislature or "Parliament". ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of powers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Bangladesh
The Constitution of Bangladesh ( bn, বাংলাদেশের সংবিধান — ), officially the Constitution of the People's Republic of Bangladesh ( bn, গণপ্রজাতন্ত্রী বাংলাদেশের সংবিধান — ) is the supreme law of Bangladesh. The document provides the framework that demarcates the Bangladeshi republic with a unitary, parliamentary democracy, that enshrines fundamental human rights and freedoms, an independent judiciary, democratic local government and a national bureaucracy. The four fundamental principles of the Constitution are nationalism, socialism, democracy and secularism. The Constitution endeavors to create a socialist society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, is secured for all its citizens. It commits Bangladesh to “contribute to international peace and co-operation in keeping with the progressive asp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dhaka High Court
The High Court Division, Supreme Court of Bangladesh ( bn, হাইকোর্ট ডিভিশন) popularly known as the 'High Court' is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate Division. It consists of the Chief Justice of Bangladesh and the Judges of the High Court Division. The High Court Division exercises both original jurisdiction and appellate jurisdiction in civil and criminal matters. The prime jurisdiction of it is the Writ Jurisdiction, pursuant to which it is empowered under article 102 of the Constitution of Bangladesh to issue writ of certiorari, mandamus, quo warranto, prohibition and habeas corpus. History Dhaka High Court (1947 - 1955) The High Court of judicature for East Bengal commonly known as the Dhaka High Court was established in 1947 under Pakistan (Provisional Constitutional) Order 1947 as a separate High Court with all Appellate, Civil and Original jurisdictions. East Pakistan High Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bangladesh Judicial Service Commission
Bangladesh Judicial Service Commission is a government commission that is responsible for the recruitment and examination of judges in Bangladesh and is located in Dhaka, Bangladesh. Justice Hasan Foez Siddique Hasan Foez Siddique (born 26 September 1956) is a Bangladeshi lawyer and jurist who is the 23rd and current Chief Justice of the Supreme Court of Bangladesh. He is scheduled to retire on 25 September 2023. Early life and education Siddique was ... is the present chairman of the commission. The commission is mostly known for maintaining fair recruitment -through it the most talented students are getting recruited in the Bangladesh judiciary. The judges recruited under it are playing a cutting-edge role in the justice delivery system of Bangladesh The raison d'être of the BJSC may be characterized as identifying individuals for judicial service based on their intellectual abilities, analytical skills and general proficiency in the laws. History The commission was est ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fakhruddin Ahmed
Fakhruddin Ahmed (born 1 May 1940) is a Bangladeshi economist, civil servant, and a former governor of the Bangladesh Bank, the country's central bank. On 12 January 2007, he was appointed Chief Adviser (Head of the Government) of the non-party interim Caretaker government, during the 2006–2008 Bangladeshi political crisis. He continued in that post for nearly two years, a longer than usual time, but new elections were held on 29 December 2008, and the Awami League assumed power based on its majority. Early life and career Ahmed was born on 1 May 1940 in Munshiganj to Mohiuddin Ahmed. He studied economics at Dhaka University, where he obtained his BA (Hons) and MA in 1960 and 1961, respectively, standing first in his class both times. He earned a master's degree in development economics from Williams College and a Ph.D. in economics from Princeton University in 1975. His doctoral dissertation was titled "Migration and employment in a multisector model; an application to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
