Secretary, Ministry of Finance vs Md. Masdar Hossain and others: A note on the case that ascertained the independence of the subordinate judiciary of Bangladesh

Abstract

Purpose

The purpose of this paper is to analyse the legendary decision of the Appellate Division of the Supreme Court of Bangladesh. Apart from this, the author’s aim is to analyse the constitutional interpretation done by the Higher Judiciary of the Country. Another aim of this note is to simplify the decision of this case for the understanding of the mass people and law students.

Design/methodology/approach

To conclude this paper, both qualitative and analytical methods have been used.

Findings

In this paper, a summarized fact of the case has been presented. In addition to that, decision of the High Court Division in the Writ petition has been simplified with six simple points. Moreover, major arguments submitted by both the Appellant’s and Respondent’s Lawyers have been summarized. Decision of the Appellate Division has been simplified with 12 simple points along with the reasoning behind the judgement.

Research limitations/implications

In this paper, only the case of Secretary, Ministry of Finance vs Md. Masdar Hossain and Others has been studied and analysed in depth.

Practical implications

This paper will mainly help the Law and Social Science students for simply understanding the decision and the reasoning behind the decision of the case. Apart from that, this case noting will help both academics and legal professionals to study this case within a short period.

Social implications

This paper will help mass people who want to study about this case to simply understand the case in depth. In addition to that, people will get known about the procedure hoe the subordinate judiciary of Bangladesh became independent.

Originality/value

This conceptual paper is the original piece of work and is not under review in any other journal. This paper has not been published previously in any other journal.

Citation

Hossaini, M.R.I. (2018), "Secretary, Ministry of Finance vs Md. Masdar Hossain and others: A note on the case that ascertained the independence of the subordinate judiciary of Bangladesh", International Journal of Law and Management, Vol. 60 No. 2, pp. 563-570. https://doi.org/10.1108/IJLMA-01-2017-0011