Md. Nasir Uddin Vs. Government of Bangladesh and others, 16 BLT (AD) (2008) 151

Case No: Civil Petition For leave to Appeal No. 733 of 2005

Judge: Mohammad Fazlul Karim ,

Court: Appellate Division ,,

Advocate: Mr. Abul Kalam Mainuddin,,

Citation: 16 BLT (AD) (2008) 151

Case Year: 2008

Appellant: Md. Nasir Uddin

Respondent: Government of Bangladesh

Subject: Mohammedan Law,

Delivery Date: 2005-07-30

Supreme Court of Bangladesh
Appellate Division
(Civil)
 
Present:
Syed J. R. Mudassir Husain, CJ.
Mohammad Fazlul Karim, J.
Amirul Kabir Chowdhury, J.
 
Md. Nasir Uddin
……………..Petitioner
Vs.
Government of Bangladesh and others
……………..Respondents
 
Judgment
July 30, 2005
 
Muslim Marriage and Divorce ( Registration) Rule, 1975
Rule 10
It appears that the petitioner was appointed as Nikah Registrar for the areas of 3 unions and that he has been acting as an agent of the Government in the matter of registering the marriage and realization of the taxes for the purpose. The very appointment has not created no legal right in the said post inasmuch as Second Proviso to Section 4 of the Muslim Marriage and Divorces (Registration) Act, 1974 and the Rule 10 of the Muslim Marriage and Divorces (Registration) Rule,1975 has been considered and found to be valid by this Court in 51 DLR (AD) 152. ……… (3)
 
Case Referred To-
51 DLR (AD) 152
 
Lawyers Involved:
Abul Kalam Mainuddin, Advocate instructed by Mahbubur Rahman, Advocate-on-Record-For the Petitioner.
Nizamul Huq, Advocate, instructed by Md. Aftab Hossain, Advocate-in-Record-For Respondent No. 4.
Not Represented-Respondent Nos.1-3
 
Civil Petition For leave to Appeal No. 733 of 2005
(From the judgment and order dated 10.4.2005 passed by the High Court Division in Writ Petition No. 2154 of 2005).
 
JUDGMENT
 
Mohammad Fazlul Karim J.
 
1. The writ petitioner seek leave to appeal against the impugned judgment and order dated 10.4.2005 passed by the High Court Division in Writ Petition No.2154 of 2005 rejecting summarily the application under Article 102 of the Constitution filed impugning Memo No.7 Bichar-7/2N-50/87(Part)(11)/132 dated 14.2.2005 issued under the signature of respondent No.2 giving approval to the appointment of respondent No.4 as Nikah Registrar on temporary basis for 7 Puti Bila Union Parishad under Lohagara Upazilla, District-Chittagong purported to have been appointed under Rule 5(1) of the Muslim Marriage and Divorces (Registration)Rules 1975 (vide Annexure-E to the writ petition) and on the basis of a letter in Memo No.1112(4) dated 20.02.2005 issued under the signature of respondent No.3 appointing the respondent No.4 as Nikah Registrar on temporary basis for No.7 Puti Bila Union Parishad, Lohagara Thana (Vide Annexure-E-1 to the writ petition) purporting to challenge second proviso to section 4 of the Muslim Marriage and Divorces (Registration) Act, 1974 and the Rule 10 of the Muslim Marriage and Divorces (Registration) Rules, 1975.
 
2. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the petitioner submitted that the Judges of the High Court Division failed to take notice that appointment of respondent No.4 curtailing the part of the petitioner's area has been done without complying with the Rule 10 of the Muslim Marriage and Divorces (Registration) Rules, 1975 and as such the impugned judgment is bad in law and the same is liable to be set aside.
 
3. It appears that the petitioner was appointed as Nikah Registrar for the areas of 3 unions and that he has been acting as an agent of the Government in the matter of registering the marriage and realisation of the taxes for the purpose. The very appointment has not created no legal right in the said post inasmuch as Second Proviso to section 4 of the Muslim Marriage and Divorces (Registration) Act, 1974   and the Rule 10 of the Muslim Marriage and Divorces (Registration) Rule, 1975 has been considered and found to be valid by this Court in 51 DLR (AD) 152.
 
There is no substance in the submission of the learned Advocate for the petitioner.
 
The petition is dismissed.
 
Ed.