Legal Opinion regarding Order of the High Court Division of the Supreme Court of Bangladesh dated 08.03.07 passed in Writ Petition No. 2461 of 2007.

Mr. Z

Address….

Dear Sir,

RE:     Legal Opinion regarding Order of the High Court Division of the Supreme Court of Bangladesh dated 08.03.07 passed in Writ Petition No. 2461 of 2007.

We refer to your letter no. ……………. dated March 08, 2007 on the above subject.

From your letter it appears that X and Y have a joint fixed deposit account with Bank 1 (“the Bank”). X and Y are operating the joint account on the condition that “Account to be operated by either or survival singly”.

The Bank was instructed by the Director General of Central Intelligence Cell, NBR, Dhaka (the DG of CIC, NBR) vide their letter dated 01.03.2007 (“NBR Letter”) to inform them about the details regarding the account status of X and Y by 08.03.2007. The DG of CIC, NBR has also instructed the Bank to freeze the accounts of X and Y.

But the Honourable High Court Division of the Supreme Court has issued Rule and interim order on 08.03.2007 in Writ Petition no. 2461 of 2007, which was informed to the Bank in writing by the Lawyer representing X and Y.

It appears from the letter of the lawyer of X and Y that the High Court Division has issued Rule and also directed the respondents including the Bank not to divulge or supply any information about the accounts of X to the DG of CIC, NBR and others. The Court has further directed that the aforesaid order of the DG of CIC, NBR shall have no effect to Y. The Bank is warned that any action violating the order of the Court will be construed as contempt of court.

In the circumstances stated above you have referred the matter to us with a request to give our legal opinion as to what should the Bank do if Y comes to the Bank to encash FDR.

OUR OPINION IS AS FOLLOWS:

Regarding X:

If we accept the authenticity of the information provided by the letter of the lawyer of X and Y, then since there is a direction of the Honourable Court upon the respondents including the Bank not to divulge or supply any information about the accounts of X to the DG of CIC, NBR, we are of the opinion that the Bank is under an obligation to follow the said direction.

However, we understand that the Honourable Court did not pass any interim order regarding the freezing order of DG of CIC, NBR in connection with the accounts of X. As such the freezing order, in relation to the accounts of X, given by the DG of CIC, NBR is still effective.

Regarding Y:

As informed by the lawyer of X and Y, the Honourable Court has further directed that the order of the DG of CIC, NBR shall have no effect to Y.

However, since account of X and Y in question is a joint account and the freezing order of DG of CIC, NBR in relation to the account of X is still effective, the Bank cannot allow operation of the said joint account by Y. Accordingly, the Bank cannot allow Y to encash the FDR jointly maintained in the name X and Y.

Please note that above opinion is given on the basis of information given in the letter of the lawyer of X and Y. However, a complete opinion can only be given upon perusal of certified copy of the order of the Hono’ble Court given in Writ Petition No. 2461 of 2007.

If you have any further query, please do not hesitate to contact the undersigned.

Thanking you.

Yours faithfully,

………………….

For: “The Lawyers & Jurists”

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.