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Law Chronicles Online

Legal commentary,articles,discussions,news and updates, with particular emphasis on Bangladeshi Law and English Common Law.
By Adnan Karim

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Last Entry: September 13, 2009 at 07:35:00

BDR Trial Reference Decision Sent to The President

Posted on September 13, 2009
The Supreme Court of Bangladesh has sent its decision to the President on the reference sent to it under Article 106 of the Constitution. The Reference sought the apex court's opinion whether BDR personnel could be tried under the Army Act, 1952. 10 amici curie were appointed...

Supreme Court Company Rules Published

Posted on July 22, 2009
Supreme Court Company Rules have been published in the official gazette.

Three Bills hava been passed

Posted on April 01, 2009
As far as I know three Ordinances have been ratified/passed. The Right to Information Act, Dhaka Power Distribution Company Act and Bangladesh Biman Act (the titles may be wrong because they haven't been published yet).

Bangladesh Rifles Mutiny Trial Options

Posted on April 01, 2009
A very tragic event took place on the 24th and 25th of February, 2009 at the Bangladesh Rifles (BDR) headquarters in Dhaka resulting in the loss of lives of scores of army officers, their family members, some Bangladesh Rifles personnel and other innocent people...

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Ordinances Placed Before Parliament

Posted on February 08, 2009
The new government has placed 122 ordinances before the parliament. Unless passed within 30 days of the first parliamentary session, those ordinances promulgated by the President during the caretaker government's two year tenure would become automatically ineffective...

Finally Laws of Bangladesh Online!

Posted on October 25, 2008
The Chief Adviser today inaugurated the laws of Bangladesh website (www.bdlaws.gov.bd) . The site show cases all Acts of Parliament, Ordinances and President's Orders promulgated and updated upto October 20, 2008. It also has various search options and index, alphabetical and chronological browsing of the whole Bangladesh Code...

Emergency Power Rules Relaxed

Posted on June 22, 2008
The Care Taker Government has relaxed the emergency power rules for the local government elections. As per the new provisions, campaign activities would be allowed for 21 days prior to the election. The Government is yet to publish the details.

High Court Division judgement clarifies membership confusion

Posted on June 15, 2008
The Company Court of the High Court Division in a major case on 11 June declared that the omnibus account holders at the CDBL are not 'members' of the companies in which they buy shares in. Other Beneficial Owners are 'members' of the companies and as such are entitled to all the rights and privileges enjoyed by a general member.

Former Bangladeshi PM released from jail

Posted on June 15, 2008
Former Bangladeshi PM Sheikh Hasina has been released from jail. She was under arrest for over 11 months for corruption charges. Following successful negotiations with the government, she was released on the condition that her party will participate in the ongoing national political dialog and eventually in the next general election scheduled later this year...

Bangladesh National ICT Policy Under Review

Posted on June 10, 2008
This is what I sent to Bangladesh Computer Council:A detailed and comprehensive plan is required. Policies are too vague and superficial for the country at the moment. Therefore a time framed and sector-wise plan should quickly follow the policy.The government should only provide support and backup...

Bangladesh Bank says all banks must have directors from account holders

Posted on May 14, 2008
Bangladesh Bank, the banking regulator, has informed all banks in Bangladesh that they must have a director from their ordinary account holders. The Banker's Association of Bangladesh (BAB) and business community has sharply criticized this move by saying that if done so, this would be the first in the world...

Appellate Division allows old offences to be brought under Emergency Rules

Posted on May 14, 2008
The Appellate Division of the Supreme Court has granted leave to appeal in Sheikh Hasina Wazed V The State. The government lodged this appeal after the High Court ruled that prior offences cannot be brought under the Emergency Rules. This effectively meant that the tough grip over the cases filed against the former politicians would have loosened up, with the possibility of them being released on bail...

Appellate Division rejects bail for convicts under Emergency Law

Posted on March 11, 2008
The Appellate Division of the Supreme Court of Bangladesh has ruled that the convicts in the corruption cases that have been filed during the emergency provisions are not eligible for bail. The apex court delivered this judgment while hearing two leave to appeal petitions.

Mandatory Listing Provisions for Bangladeshi Companies

Posted on March 11, 2008
As per new Securities and Exchange Commission rules, all private limited companies that have paid up capital over Taka.40 crore will have to be converted to public limited companies and must be listed on the stock exchange. The business community has sharply reacted to this provision.

Sheikh Hasina's case stayed pending appeal

Posted on February 27, 2008
The corruption case against former Bangladeshi PM Sheikh Hasina has been stayed by the Appellate Division of the Supreme Court of Bangladesh. The apex court has stayed both the High Court division judgment which had concluded that the case cannot continue under Emergency Power Rules and also the proceedings of the trial court till March 16th...

New case filed against Khaleda Zia and top ministers

Posted on February 27, 2008
A new case has been lodged against the former Bangaldeshi PM Khaleda Zia and other top ministers for alleged mis appropriation of money in the controversial Barapukuria mine project. The former PM is already in jail since last year.

Truth Commission On the Way?

Posted on December 04, 2007
It is widely speculated in the media that the Government may setup a Truth Commission soon to investigate past corruptions in the country. Although most such Commissions usually deal with human rights issues, the National Accountability Bureau of Pakistan is another permanent Commission entrusted with corruption investigations...

Trying War Criminals

Posted on November 07, 2007
A recent comment by the Secretary-General of Jamaat-E-Islami that there are no war criminals in Bangladesh sparked off again the old debate of trying the war criminals and collaborators of the Independence War.After the war a general amnesty was granted but it was not applicable to persons against whom there were specific criminal allegations...

Seperation of the Judiciary - What it means for the people

Posted on November 03, 2007
From 1st November, the much anticipated separation of the lower judiciary from the executive took place amidst a festive mode. Since the independence of the Indian sub-continent, the total separation of the judiciary remained an important but unresolved issue...

Separation of the Judiciary

Posted on October 27, 2007
The historic event of separation of the judiciary from the executive is to take place on November 1st. The Chief Justice of Bangladesh will attend the ceremony at the District Court premises in old Dhaka. After the judgment in Mazder Hossain case, three successive governments and eight years, finally the judicial magistrates will start their work from November...

Former Bangladesh PM Khaleda Zia's Bail Stayed

Posted on October 04, 2007
The Appellate Division of the Supreme Court of Bangladesh has stayed the order of the High Court Division which earlier released Khaleda Zia on bail. She was arrested in a corruption case. Her lawyers challenged the Government's move to bring her case under emergency provisions...

Government Attorney Services

Posted on September 29, 2007
The government has decided to totally revamp the AG's office. The service will be made permanent and Deputy and Assistant AG's would be recruited through the Public Service Commission like all other public servants. The new changes would be carried out from the Supreme Court to the District level...

New Constitional Committee On The Way

Posted on September 29, 2007
The caretaker government has decided to form a Constitutional Committee headed by the Chief Justice. A draft ordinance has already been approved. The Committee would be responsible for recommending candidates for appointment to the Constitutional posts which includes Judges, the Attorney-General, Auditor and Comptroller General, Election Commissioner etc...

Former PM and son arrested

Posted on September 06, 2007
Immediate past PM Khaleda Zia and her youngest son Arafat has been arrested. Begum Zia was sent to jail and Arafat has been taken on remand for 4 days. Both of them are arrested on extortion cases. Khaleda Zia's eldest son Tarique had been in jail for months following corruption charges.

Increase in Company Registration Fees

Posted on September 02, 2007
Registration and stamp fees for incorporating companies has been significantly increased. The Registrar of Joint Stock Companies is yet to update its website( www.roc.gov.bd). For example, the stamp duty is now Taka: 1200/= instead of Taka: 120/= and registration fee for company with authorized capital of Taka: 1,00,00,000/= is Taka: 17,025/=.

Amendments to the Bank Companies Act, 1991

Posted on August 29, 2007
The Government has decided to bring amendments to the Bank Companies Act 1991 by the Bank Companies (Amendment) Ordinance 2007. Major tightening measures are expected. Highlights of the new ordinance are:Changed definition of default loansMaximum number of Board of Directors is 13 and their tenures are two three-year terms;A family having above 5% shares would be entitled to have not more than two directors on the board and a family having less than 5% shares would be able to hold one post of director;Total amount of capital increased from Taka...

Khaleda Zia gets away with fines

Posted on August 29, 2007
Khaleda Zia has been fined Taka. 5,50,000/= for irregularities in filing papers with the Registrar of Joint Stock Companies in the "Dinkal" case. The company was also declared defunct by the court.

Appellate Division sends Sheikh Hasina's case back to the High Court Division

Posted on August 29, 2007
The Appellate Division of the Supreme Court of Bangladesh has sent Sheikh Hasina's case back to the High Court Division and stayed all interlocutory reliefs granted by the High Court Division, including bail. It means that now there would be a full hearing on the writ petition in the High Court...

Supreme Court Orders For Ex PM

Posted on July 30, 2007
In a writ petition filed by Sheikh Hasina against bringing the extortion case against her under emergency proclamation, a division bench of the High Court Division of the Supreme Court today issued a rule against the government, stayed the order bringing the case under emergency proclamation and granted ad interim bail to the former prime minister...

Ex-PM Jailed

Posted on July 17, 2007
Ex Prime Minister and immediate past leader of the opposition Sheikh Hasina was jailed yesterday in an extortion case, after her prayer for bail was refused in the CMM Court. Her cousin Sheikh Selim is in jail in the same case.Undoubtedly, this puts the caretaker government under tremendous pressure...

Attorney General's Office Reshuffled

Posted on June 22, 2007
After dragging on the matter for months, finally the AG's office has been totally revamped. Almost 90% of the law officers were replaced. The Supreme Court is on vacation and the reaction to the changes are not known.

Mohiudding AKM Ahmed v Attorney General

Posted on June 18, 2007
One of the convicts in the coup and assassination of the founding President of Bangladesh Sheikh Mujibur Rahman has been deported from United States to Bangaldesh. This is the fifth case of bringing in the convicts of the case. After arrival, Chief Metropolitan Magistrate sent him to jail...

Former PM Barred from Leaving the Country

Posted on June 14, 2007
A Dhaka court yesterday barred the former Prime Minister and Awami League President Sheikh Hasina from leaving the country. This comes as no surprise since two extortion cases have been filed against her by two businessmen who are known to have been closely associated with her party...

Major Environmental and Related Laws of Bangladesh - Part 1

Posted on June 12, 2007
Although Laws relating to environment can be traced to as early as the Penal Code of 1860, it is only during the last decade or so that we see major environment law reforms taking place in Bangladesh. With new development in the energy sector and rapid urbanization and industrialization, it is surely a pragmatic step to enact reforms at this point of time if not earlier...

Money Whitening Scope

Posted on June 12, 2007
The National Board of Revenue has recently declared that taxpayers can 'whiten' their money within 31st July,2007 by paying 5% additional tax. This means that taxpayers who had undeclared assets can declare them and no questions would be asked. This facility is available for the last five tax years...

No bail for the big wigs

Posted on June 12, 2007
It seems that the big wigs caught by the army launched anti-corruption move have no other option but to face their trial while in custody. After the High Court Division of the Supreme Court ordered that some of them should be released on bail, the Chief Justice of Bangladesh took away bail power from those benches...

Upcoming Coal Policy in Bangladesh

Posted on June 11, 2007
Energy adviser to the interim government Tapan Chowdhury confirmed yesterday that the new national coal policy would be finalized within July. This comes as the pressure increases from foreign investors and experts inside Bangladesh to further energy sector development, which has been stagnant for the last five years...

Changes in the Attorny General's Office

Posted on May 15, 2007
Major changes in the Attorney General's office were expected when the new interim government came to power. But at the beginning, the government was happy to just appoint a new Attorney General and Additional AG. But further changes were on the way. It is rumored that a new list of Deputy Attorney Generals and Assistant Attorney Generals is already pending for approval in Ministry of Law and that majority of the law officers will have to go...

Reconstitution of Benches

Posted on May 15, 2007
For the last two weeks everyone in court was guessing whether the arrestees in the anti-corruption drive would be released on bail. The hearings were lengthy. The new emergency proclamations provide that arrestees cannot be freed on bail pending trial...

UCP 600: The New Rules on Documentary Credit

Posted on April 13, 2007
[This article appears in the March,2007 issue of Dhaka Law Reports]The new rules for Uniform Customs and Practice for Documentary Credits will come into force on 1 July 2007. These rules are called the UCP 600. The previous version, UCP 500, had been operative since 1994...

Evolution of Islamic Jurisprudence - Part 1

Posted on April 13, 2007
The fountainhead of Islamic Jurisprudence is that sovereignty belongs to Allah alone and therefore the law comes from him alone. As such, there is no one except Allah who can legislate. As it is said in the Holy Quran: ?Those who do not rule in accordance with what is revealed by Allah are the disbelievers? (Sura Al-Maidah, v 44) Thus the source of Islamic Law is the Quran and the Sunnah (Tradition) of the Prophet (PBH)...