Search results

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.

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

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.

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

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.

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.

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.

The aim of this paper is to determine the available remedies for medical negligence instances in Bangladesh.

This research work is qualitative in nature. Books, journal articles, case law and statutory laws have been reviewed to formulate this work.

A victim of medical negligence in Bangladesh can approach the court seeking remedy under the Criminal Law, Civil Law and Constitutional Law. Moreover, medical professionals are expected to be aware about the legal consequences of their medically negligent practices, and they should indulge in ethical practices so as to avoid getting embroiled in controversial situations and litigations.

The main reasons for unaccountability of medical practitioners include the unwillingness of people to initiate action against medical practitioners and the lack of legal knowledge about the remedies for medical negligence instances. This paper will assist in gather the required legal knowledge.