BKA Law Firm

16/01/2025

Free legal advice of the day:

If a couple have children: after the wife’s death the husband will get 1/4 share in the property of the wife.
If husband dies first, the wife will get 1/6 share in the property of the deceased husband.

If a couple do not have children (or heir from children): after the wife’s death the husband will get 1/2 (half) share in the property of the wife. If husband dies first, then the wife will get 1/4 share. If more than one wife is present, all together will get that 1/4 share.

#আইন #বাংলাদেশ #আইনি #পরামর্শ

13/08/2023

Seminal Judgments of SUPREME COURT OF BANGLADESH 2023 Series by BKA Law Firm

Probir Kumar Dey @ Saiful & anr Vs.Shipra Rani Dey &ors 17 SCOB [2023] HCD 154

Key Ratio:

Hindu widow (governed by the Daya bagha School of Hindu law) entitled to get same share as a son

“Section 3 of the Hindu Women’s Rights to Property Act, 1937 (XVIII of 1937). Sub section (1) of section 3 of the said Act says that when a Hindu governed by the Daya
Bagha School of Hindu Law dies intestate leaving any property dies, his widow, shall, subject to the provisions of sub-section(3), be entitled to the same share as a sons. Sub-section (3) of section 3 of the said Act further says that any interest devolving on a Hindu widow shall be the limited interest known as a Hindu Woman’s estate, but she shall have the same right of claiming partition as a male
owner. Further sub-section (2) of section 1 of the said Act stipulates that it extends to the whole of Bangladesh. Thus from reading of the aforesaid provisions of sub-sections (1) and (3) of the Hindu Women’s Rights to Property Act, 1937 it is clear that the widow during the period of her life time she became complete owner and
co-sharer of the property and this subsection 3(3) has the effect of putting the widow in the same position as a son in the matter of claiming partition.”

(Para 18 and 19), Justice Fatima Najib

Case Summary:

One Rabindra Kumar Dey was the owner and possessor of 4.81 decimals of land. He died in 1978 leaving behind his wife, two sons and four daughters. One of his sons, namely, Prodip died and the other son Probir converted to Islam before Rabindra’s wife Arati Bala Dey filed the instant suit for partition claiming saham. During the pendency of the suit plaintiff died and Rabindra’s unmarried daughter Shipra Rani was substituted as plaintiff. Question arose as per Daya Bhaga school of law whether the plaintiff Arati Bala Dey inherited from her deceased husband; whether the substituted plaintiff Sipra Rani Dey is entitled to inherit from her deceased father and mother; and whether the plaintiffs are entitled to a decree for partition as prayed for? The High Court Division analyzing the relevant laws, particularly, the Hindu Women’s Rights to Property Act 1937, Caste Disability Removal Act, 1850 and the Bangladesh Laws (Revision and Declaration) Act, 1973 held that when a Hindu governed by the Daya Bagha School of Hindu Law dies intestate leaving any property, his widow becomes complete owner and co-sharer of the property during her life time and she is entitled to be in the same position as a son in the
matter of claiming partition. The Court further held that after conversion to the faith of Islam son Probir has lost his right to his father’s property and, as such, the substituted plaintiff Sipra Rani Dey, the unmarried daughter of Rabindra Kumar Dey, is entitled to get the property on partition

05/01/2022

Seminal Judgements of SUPREME COURT OF BANGLADESH 2021 Series

(Part 1)
Meaning of Imprisonment for life

Case issue: ; Sec 35 A Code of Criminal Procedure 1898;Section 45,53,55,57 Penal Code 1860

Ataur Mridha alias Ataur Vs.The State(15 SCOB [2021] AD1) (Syed Mahmud Hossain, CJ, Muhammad Imman Ali, J & Hasan Foez Siddique, J)

Summary:
The question arose in this case was whether imprisonment for life means imprisonment for rest of convict’s natural life. In this case the petitioner sought review of the judgment by the Appellate Division dated 14.02.2017 passed in Criminal Appeal No.15 of 2010 in which his sentence of death was commuted to imprisonment for rest of his natural life. The Appellate Division by a majority decision disposed of the review petition observing that imprisonment for life prima-facie means imprisonment for the whole of the remaining period of convict’s natural life but it would be deemed equivalent to imprisonment for 30 years if sections 45 and 53 are read along with sections 55 and 57 of the Penal Code and section 35A of the Code of Criminal Procedure.

Majority view:
If we read Sections 45, 53, 55 and 57 of the Penal Code with Sections 35A and 397 of the Code of Criminal Procedure
and consider the interpretations discussions above it may
be observed that life imprisonment may be deemed equivalent to imprisonment for 30 years. The Rules framed under the Prisons Act enable a prisoner to earn remissions- ordinary, special or
statutory and the said remissions will be given credit towards his term of imprisonment. However, if the Court, considering the facts and circumstances of the case and gravity of the offense,
seriousness of the crime and general effect upon public and tranquility, is of the view that the convict should suffer imprisonment for life till his natural death, the convict shall not be entitled to get the benefit of section 35A of the Code of Criminal Procedure. In the most serious cases, a whole life order
can be imposed, meaning life does mean life in those cases. In those cases leniency to the offenders would amount to injustice to the society. In those cases, the prisoner will not be eligible for release at any time. The circumstances which are required to be considered for taking such decision are:
(1)surroundings of the crimes itself; (2) background of the accused; (3) conduct of the accused; (4) his future dangerousness; (5) motive; (6) manner and (7) magnitude of crime.This seems to be a common penal strategy to cope with dangerous offenders in criminal justice system.
(Per )

16/09/2021

We are delighted to be selected to be the entity to provide legal expertise in developing a Legislative scrutiny tool for the Members of Parliament (MPs) and Parliament Secretariat of Bangladesh on behalf of UNDP (https://www.bd.undp.org/) and also to review 171 Acts passed by Bangladesh Parliament in light of the Legislative Scrutiny tool developed to ensure compliance with the tool as part of the Agenda 2030 of Government of Bangladesh of achieving Sustainable Development Goals by 2030.(https://www.bd.undp.org/content/bangladesh/en/home/sustainable-development-goals.html)

16/06/2021

Free Legal Advice of the Day: Did you know if you are a citizen of Bangladesh the law of inheritance will be applicable to you according to your religion. For Muslims, according to the law of inheritance wife will get 1/8th of the property of the deceased. Parents will get 1/6th each. Rest of the property will be divided among your children among whom each son will get double of the amount of the property of the daughters. (i.e. If you have one son and one daughter and have BDT 6 lakh in bank after death, your son will get 4 lakh and daughter will get 2 lakh of the money). If there are no sons then all the daughters will get 2/3rd of the property combined. Rest of the property will be divided between the brothers of the deceased or their children if the brothers are deceased as well. Hope that answered lots of your question regarding inheritance. Follow our page for more law related queries.

12/03/2021

Free Legal Advice of the day: Do you know mehr (the amount mentioned in kabinnama) needs to be paid irrespective of who files for divorce? Even if the wife files for the divorce she is entitled to the full unpaid amount of the mehr. So think wisely while deciding on the amount and do not deny the right of the wife.

07/03/2021

Free Legal Advice of the day: Do you know you can file for writ petition directly in High Court if any one of your fundamental right is infringed? Yes that's one of the most crucial rights guaranteed by our Constitution.So read up on our Constitution today (http://bdlaws.minlaw.gov.bd/act-367.html) and see what fundamental rights you have. If any of these rights are infringed you can file for writ petition DIRECTLY IN HIGH COURT. And you know who to knock when you decide to file that writ petition. 😊 BKA has an array of Barristers and lawyers who specialise in filing writ petition and restoring your fundamental rights.

[BISMILLAH-AR-RAHMAN-AR-RAHIM (In the name of Allah, the Beneficient, the Merciful)/ In the name of the Creator, the Merciful.] PREAMBLE We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through [a historic struggle for national liberation], establis...

24/02/2021

Season's greetings!!! We hope the new season will bring in new hope and opportunity for all of us and the shadow of pandemic be lifted.

17/11/2020

We are delighted to be the official local legal support to global business giant NKDOS Consortium (led by famous Japanese firm Nippon Koei Co. Ltd. and consists among others Oriental Consultants Global Co., Ltd., SYSTRA S.A., Delhi Metro Rail Corporation Ltd., Katahira and Engineers International, and Development Design Consultants Ltd. etc) who are providing Consultancy services to Dhaka Mass Rapid Transit Development Project (DMRTDP) focusing on Detailed Design and Tender Assistance. We will be providing legal support among others to revise and update The Metro Rail Act 2015 and the Metro Rail Rules 2016.

27/06/2020

Barrister Khan and Associates (BKA) is delighted to be Enlisted Law Firm of the following Government & Private Organisations :

Mercantile Bank Limited
Head Office, 61, Dilkusha Commercial Area
Dhaka 1000

Southeast Bank Limited
Eunoos Trade Centre (Ground Floor), Plot #52, 53 Dilkusha Rd, Dhaka 1000

Biman Bangladesh Airlines LTD.
Head Office, Balaka
Kurmitola, Dhaka-1229
Bangladesh

Dhaka Water Supply and Sewerage Authority (DWASA)
WASA Bhaban, Kazi Nazrul Islam Avenue, Dhaka, Bangladesh.

Bangladesh Inland Water Transport Corporation
BIWTC (Head office), C/A, 5 Dilkusha, Dhaka 1000

Bangladesh Railway
16 Abdul Gani Road, Ramna, Dhaka, Bangladesh,

Bangladesh Computer Council (BCC)
BCC Bhaban, E-14/X, Statistics Road,
Dhaka 1207, Bangladesh

Ministry of Expatriates’ Welfare & Overseas Employment
Street 71-72, Old Elephant Road, Eskaton Garden, Dhaka, Bangladesh

Chittagong Development Authority
Huseyn Shaheed Suhrawardy Rd, Chittagong, BangladeshChittagong Water Supply and Sewerage Authority (CWASA)

Chittagong WASA, M.M. Ali Road, WASA Bhaban, Dampara, Chittagong.

etc.