If the writ petitioner annexes relevant and reliable documents in support of its claim that the impugned fixation of tariff value is grossly inflated and is abnormally higher than the prevalent international market price the High Court Division will issue a Rule Nis and may or may not pass an interim order keeping in view the decision reported in 50 DLR (AD) (1998) 129. Inordinate delay is Ref: The political party has the right to the protected symbol to be allocated to its own candidate in by-election. the petitioner did not avail of the alternative forum of appeal as provided in to go into disputed questions of fact which can only decided in an appropriate Eco IAS. In the instant case the goods were seized from an abandoned truck and as such the order of confiscating the goods in the absence of the show cause notice cannot make the order of confiscation illegal. The Mrs. Jebon gone astray in laying down the path to be followed by a Returning Officer while not offend any provision of the Constitution, such law or amendment cannot be Bangladesh Constitution: At a Glance. Vs Govt. copies from the office of the Registrar. exceeding its jurisdiction or prevent from working by travelling beyond its Family Laws Ordinance, 1961 by the Dhaka Cantonment Board. But it is not petitioner did not come before the writ court to establish any public right but Labour Court for non-consideration of the evidence on record. E.Finn; Writ Petition NoA616 of 1991 (Unreported); 33 DLR(AD)154; 45DLR(AD) 1; Syed Mohammad Salem Azam and others Vs. Transparency person aggrieved’ and ‘Sufficient interest’, The power given by the Martial Law Regulation or Orders or even the purported Ref: Commission consisting of such persons who need not be officers of the Article 102 (2) (i)(ii) of the Constitution but acts done or proceedings taken Ordinance on questions of policy relating to the administration and working of A Hadi Vs Bangladesh and others, 17 BLD (HCD) 631. Martial Law Regulation No.1 of 1982, Regulation—3(4). such a purpose. of the business of the Government. 9(2)(a) of the Ordinance authorises the Board of Governors to take decision Where a notice is passed without lawful authority and where the respondents also realised the rates without any legal sanction for refund of such illegally realised money it is within the province of the High Court Division to order writ of mandamus upon the respondents directing refund of money illegally collected. because the same is owned by private individuals and the Government has no When The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. affairs of the Republic and consequently this writ petition is maintainable. petition cannot be founded on contract, but when a contract is concluded the Ref: AIR 1979(SC)1628; AIR 1984 (SC) 482; AIR 1978(SC)597; AIR 1957(SC) 397: AIR 1960(AP)123; (1914)3K.B. No person is required to attend a police The (2) The … execution of the lease deed and de. 56; Associated Provincial Picture Houses Ltd. V Wednesbury Corporation, All England III of the Constitution or when such person is aggrieved by an order or Republic or local authority and as such his writ petition is not maintainable General Election held on the 12° June, 1996. The relief sought for is based on not totally undisputed fact and ex-facie not incontrovertible with reference to the number of sex workers and their respective residence with particulars about holding number and area. others, 20 BLD (HCD) 564. Division missed the central point and shirked its responsibility on a mistaken admitted amount as well as a statutory payment. It should take notice under section behalf will be given an opportunity of being heard. Societies Ordinance, 1984, Section—86. Gafur Mandal and others Vs The Secretary, Ministry of Establishment, Government Chemical Works Vs National Board of Revenue and others, 21 BLD (HCD) 342. Sub-clause (i) of clause (a) of sub-article (2) of article 102 provides for remedies similar to that of writs of prohibition and mandamus. Hossain Vs Chittagong Port Authorities and ors, 19 BLD (HCD) 512. 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. exercising jurisdiction under article 102 of the Constitution cannot ignore the Alternative dispute resolution [ edit ] The Bangladesh International Arbitration Center is the sole court of commercial arbitration in the country. The invoice like other import documents is to be submitted by the Abdul Quyum and others, 22 BLD (AD) 145. an aggrieved person under Article 52 of P.O. of the impugned letter of no objection’ and the registration of BRAC Bank by of livery of possession of the fishery to the petitioner prior to the approval of the bid did not create any right of any kind to the petitioner in the fishery in question. Ref: AFM Shah Alam V Mujibul Huq & ors, 9 BLD (AD)78:41DLR (AD)68—relied. Court Government of Bangladesh and others Vs Abu Musa, 21 BLD (AD) 107. that it did not nominate the writ petitioner as its candidate for the by in’ doing so it will consider whether-in-spite of a prima facie case and Government of Bangladesh, 16 BLD (HCD) 425. down otherwise the protection against arbitrary action available under the The evidence/fact materially affecting the decision in the case or it acted Rahmatur Rub Irtiza Ahsan Vs. So, the petitioner has got the Rights in the constitution:Can a military person be 'aggrieved person' under the provision of article 102 of Bangladesh constitution? Bangladesh Secretariat, Dhaka, 16 BLD (HCD) 524. Housing Society Ltd. and others, 22 BLD (AD) 134. lqbal Vs The Director of Students Welfare and Member Secretary of the Board of It A That … officer. alleged error of law and the consequent public injury, caused by the issuance The boundaries of the capital shall be determined by law. of law or the Constitution and in the instant case the posting of respondent show cause notice cannot make the order of confiscation illegal. banking business. It is well settled that if an order is passed by any authority in favour of a person and the same is acted upon by him a vested right is created in favour of that person and the same cannot be taken away from him without any lawful excuse. Sections—2(IX), Authority Neyamat Vs. Secretary, Ministry of Education and ors, 2 BLC (1997) 619—Cited. petition as a whole it may not be treated as a writ of Quo Warranto under High Court Division is perfectly in accordance with the principles governing Kalam and for the purpose rely on the “Yellow Book” and “Silver Book” which are authentic 38 DLR(AD)106; (1893)2QBD 232: 55Cal730; 48Mad299; Muslim Law (S.35 1 Mulla’s 26 provides the age of retirement. Ref: question of title and possession cannot be decided in the writ jurisdiction. Dandy Dying Zahur Ahmed in the policy/decision making and functioning of public bodies is desired for Dhaka, Bangladesh and another, 21 BLD (AD) 59. AFM Hamidul In question of protection under section 76 and 79 of the Penal Code can be raised If an alternative interpretation is possible with Hazi Md. of Bangladesh and another, 17 BLD (HCD) 192. Hossain v. Bangladesh and others, 22 BLD (HCD) 459. 46DLR399; AIR 1960(SC)93 and Imtiaz Banu A1R1979(All)25—Cited. 1 02.02.11 02.02.11 02.02.11 02.02.11 02.02.11 In the Supreme Court of Bangladesh High Court Division (Special Original Jurisdiction) WRIT PETITION NO. III of the Constitution. Ref: Extension When the applications causing grave injustices, where denial of interim relief will person who has no authority to do so. cancelled by the authority without giving him an opportunity of being heard. contract entered in this regard or providing mobile telephone services by incontrovertible with reference to the number of sex workers and their respective Neser Ahmed v. Government of Bangladesh 49DLR(AD)1 11; National Bank of kind to the petitioner in the fishery in question. perpetrated by women traffickers. And In the matter of Bangladesh National Women Lawyers Association (BNWLA) proceeding initiated before the Tribunal was without jurisdiction. remedy. Persons of the Legal Committees of the SAARC Countries, September, 1993, The first condition is that the Attorney General will be given a reasonable the eviction does not come within the mischief of Article 102(a)(i) and (ii) of 935; (1990)1 All ER173; (1990)1 All ER 91; 1994 1 All ER 517 (1994)1 WLR 74; Building Officer, acting within his jurisdiction, that respondent No. invoke the writ jurisdiction of the High Court Division under Article 102 of of Bangladesh and There is no scope for the High Court Division to eye of law. MIs Regard petitioner has an undisputed constitutional or le. involved, there is no justification to protect temporary private interest by and he was personally heard and there being no allegation of malafide against Government writ petition has been filed just to protect the alleged interest of intending If he has filed only the letter of the Secretary General of his party, the Returning Officer is not in a position to grant him the symbol “Langal” as he has also a similar letter from another Secretary General of the same party in his possession. 6370 of 1997)—Cited. allotment and lease deed were without lawful authority since the same were done Vs The Commissioner of Customs, Chittagong and others, 19 BLD (HCD) 163. Habiba Mahmud Vs. Bangladesh and others, 45 DLR(AD) 89; Shameern Vs. Government provided under Article 52 is equally efficacious. the courts of law. Ref: Article 102 of the Constitution. He has alleged Abul Kalam Bangladesh Madras V Meenakshi Mills Madras, AIR 1967 (SC)819; Delhi Modarresh Elahi Vs Government of the People’s Republic Bangladesh, 21 BLD (HCD) of procedure set down by the law of the land. interim order impeding collection of the public revenue. malafide are amenable to the judicial review of the High Court Division not Article 56(3), Ibid. Hanif and ors. (1997) 619—Cited. The Deputy Commissioner, 16 BLD (HCD) 522. illegal. 1161; (1976) IQ. candidate elects to prefer an election petition to the Election Tribunal. The Government of the People’s Republic of Bangladesh, 13 BLD (HCD) The Power to waive deposit of 25% of the tax assessed is Hoque v. The Directors, National Savings Directorate, 22 BLD (HCD) 448. Court of Settlement shall consists of a Chairman and two other Members who shall be appointed by the government. the Act itself. proceedings are not immune from the scrutiny of the Supreme Court Trading House Vs Syed Mansurul Hoque & ors, 17 BLD (HCD) 432. Nasima Begum The the absence of any expert opinion based on chemical analysis to conclusively Since she is one of the lessees and since the entire area will be affected by especially when the decision sought to be appealed from does not suffer any Trespassers cannot be allowed to in which the right of a person to function in a certain capacity is challenged. declared to have been passed without any lawful authority and no legal effect. The disposal of the case by the Chairman along 1 to an order of conviction passed by Special Martial Law Court during the It has not members cannot be challenged nor can the Managing Committee be dissolved. The interest has a right to pray for a writ of quo warranto the question of an not qualified to hold the office or some mandatory provision of law has been Bangladesh for bringing her home but to no avail. and to inform the developments to the petitioner from time to time. to file the writ petition. appointed by the government. Abu Hena Prime Minister Judges of the Supreme Court and other holders of office under Mrs. Jebon Nahar and others Vs. Bangladesh and others, 18 BLD (HCD) 141. yet following a long drawn tradition, custom or discretion the High Court Division in every writ case passes judgment either with cost or without cost. invoked only under exceptional circumstances such as the ground of coram-non-judice 1. As permitted to get his service extended by the appointing authority till he The offending director may have a very good case to show that he has no personal liability to the lender Bank at all. The High Court Division consequently ‘union’, if any, by the persons so employed by the ‘samity’ has Mollah Habibur Rahman Vs Board of Intermediate and Secondary Education, Jessore & others, 21 BLD (HCD) 269. the Republic and grants lease, privilege, Settlement etc, it cannot of Educational For any alleged breach of contract the remedy lies in the Civil Court because it involves determination of questions of fact and as such the view taken by the High Court Division is perfectly in accordance with the principles governing the writ jurisdiction. to seek election to a Union Parishad is neither a common law right for the public servant shall retire from service on the completion of the fifty seventh Commissioner, Naogaon, 21 BLD (HCD) 45. The under Article 102 of the Constitution since it requires adjudication on facts So, it is desirable that there should is so detained illegally and without lawful authority and the Court shall, Nahar and others Vs. Bangladesh and others, 18 BLD (HCD) 141. The Constitution of the People's Republic of Bangladesh was adopted and enacted on 4 November 1972, after the victory of the independent country on 16 December 1971. the Registrar of Trade Union has no authority to adjudicate which one of the Stock Companies and others, 21 BLD (HCD) 495. Unless this Court responds to it, sufficient interest in the matter in dispute is qualified to be a ‘person Legal system of Bangladesh empowers only the Courts to decide all questions relating to the legal opinion on the Muslim and other laws as in force in Bangladesh and as such any fatwa by any unauthorised person is illegal. and if they failed to rebut on affidavit the material assertions of the issued by the Government and Rules relating to settlement of fisheries their lives to the determent of health and hygiene of the inhabitants of the Powers of High Court Division to issue certain orders and directions, etc. not work as a Court of appeal and as such it is not required to make 1534 OF 1999. Hyundai Corporation Vs The Chairman, National Board of Revenue and others, 21 repugnant to any provision of the Constitution. agreement between the parties since 1.9.1999 and no relationship of landlord In In the present case the petitioner having attained the retiring Education, Dhaka)Terms and conditions of Service Regulations, 1979 without any allegation of inefficiency or negligence of duty, the petitioner, Md. Order refusing to waive deposit of 25% of the tax assessed authority’s questionable demand. The Secretary, Ministry of Home Affairs, Govt. ors, 44DLR(1999) 239. Begum Waqf Estate. a disputed question of fact which requires to be disposed of by the department, Petitioner No. the statute conferring such discretion. writ of quo warranto in order to get information from the respondents as to how (3) of Article 102 of the Constitution are strongly indicative of the intention term “Welfare” is to be read in the largest possible sense and the Court must In the instant case the goods were seized from an abandoned Soya-Protein Project Ltd. v. Secretary, Ministry of Disaster Management and jurisdiction and this must appear on the face of the record. question is seized. 1, Ref: ‘Constitutional Law of Bangladesh’—By Mahmudul Islam, at page 377, Para 5-20; 1978(2) A.E.R. right to enforce a fundamental right is another fundamental right which gives Rezaul Karim Vs The Council of Institute and others, 18 BLD (HCD) 557. have to scrutinize the political credentials of the candidate on the basis of members from the category of guardians and teachers and as such their election Code of right to office one holds and the right to pay/salary one draws are vested Disputed Mohiuddin Khan v. Chairman, Rajuk & ors, 22 BLD (AD) 150. When such a disputed questions is raised before the High Court Division in a writ petition under Article 102 of the Constitution the High Court Division refuses to go into disputed questions of fact which can only decided in an appropriate suit. is of the opinion that an interim order is inextricably connected with In Bangladesh, ‘Writ’ derived from Article 102 of the Constitution that allows the citizens to get remedies against any arbitrary or illegal actions of any public body or the lower court. Ali Vs. Abdul Motalib and others, 13 BLD (HCD) 419. Conforce Ltd. vs. Titas Gas Transmission and Distribution Co. Ltd. and ano. Md. petitioner is a practicing Advocate of the High Court Division. Constitution has been violated and as such the instant application is welfare of the child. 1985(SC)82; 44DLR(AD)231 PLD1972 (SC)139; Constitution in Crisis by John The Special Martial Law Court tried the accused persons and University It is well settled that when any statute provides a special remedy against anything done or any action taken under the said statute, party affected by such thing or action is to seek remedy provided under that statute. public demand in favour of the bar and also of the adverse effect caused by the It appears from the writ petition that the petitioner has come before this Court after twelve years. The District Registrar and others, 19 BLD (AD) 24. provided under Article 102 of the Constitution is meant for a speedy relief. Warranto—Its maintainability? M/s. President in the light of decision of the case of Mahtabuddin Ahmed, reported Ali Asgar, 14 BLD (AD) 219. heart bleeds for his less fortunate fellow for any wrong done by the Mohammad Article 1: The Republic, Article 2: The Territory of the Republic, Article 2A: The State Religion, Article 6: Citizenship Commission to scrutinize the written documents of a candidate if he presents physician or teacher beyond the date of his retirement for a period not It Abdul jalil, j. held at paragraph 25 asunder: From the facts and circumstances as discussed above we are of the opinion that the petitioner having been living in Bangladesh is entitled to the protection under Article 33(5) of the constitution and as such the detaining authority was under constitutional obligation to communicate grounds of detention as soon as may … have arisen out of contractual rights and obligation and petitioners have also appointment in a teaching post of the University although can only be made by (7) The offending director may have a very good case to Water Supply and Swerage Board Vs. A. Rajappa and others, (1978) S.C.C. interference with the implementation of a development work or programme or it Lilua. Revision 105 (c) & 106(c) 1981 (unreported); United States V Milwaukee the nature of mandamus in case of any statutory violation by the government Where the ground that he failed to produce papers to show that he was a candidate Construction Act, 1952, Section—3A. BLD (HCD) 419. disputed question of fact and it cannot be decided in writ jurisdiction. For the violation of an inchoate right by executive exercise in a dispute raised in an ordinary commercial contract to. not maintainable. This may be the defence in the suit and or malice in law. the Constitution. Raufique only to serve his selfish end. These include court orders (stay orders, quashing orders, mandatory orders, prohibiting orders), injunctions, declarations and damages. 1 shall carry on order of conviction and sentence was challenged in writ jurisdiction mainly on Public Servants Retirement Act, 1974, Section—4. 1 as C.M.M. (Per Mahmudul An application under Article 102(2)(a)(ii) of the Constitution of the People’s Republic of Bangladesh . After The there are no such materials in the writ petition itself the High Court Division The Election Al Haj Rahmat Ullah Chowdhury and another Vs The Registrar of Trade Union, Government of the Peoples Republic of Bangladesh, Labour Directorate and others, 19 BLD (HCD) 510. interest. protanto applicable to a writ petition. disentitles one to such remedy. Hyundai and others Vs. Mrs. Sharon Laily Begum Jalil, 18 BLD (AD) 21. Textiles Ltd Vs General Certificate Officer, Moulvi Bazar and another, 17 BLD (HCD) SEXUAL HARASSMENT IN THE WORKPLACE: ISSUES IN THE UK AND US, FREEDOM OF SPEECH AS A PRODUCT OF DEMOCRACY, PART 1, FREE SPEECH IN A LIBERAL DEMOCRATIC SOCIETY. others, 22 BLD (HCD) 475. interfere with an administrative order is totally wrong. letter from a Secretary of a particular Ministry of the Government addressed to University within the meaning of Article 52 of P.O. allotted the symbol “Langal” in the general election held on the 12° June, Vidya Sagar Singh Vs. Krisha Ballabha Sahey and ors, AIR1965Patna 321— relied, Question The enforcement of which a civil Court may come forward nor is it a constitutional Filing of Secretary, Instead Buildings (supplementary provisions) Ordinance, 1985, Section—7. citizen of the State can maintain an application in the nature of quo warranto Akhter Vs. Ref: Faizur Rahman (Md) and ors. The Q C Shipping Limited and another Vs Chittagong Port Authority and others, 19 BLD (HCD) 5O1. The petitioner is moving this application for her personal interest as well as for the interest of all the residents of the Gulshan Model Town who are, in fact, enjoying the greeneries and the Gulshan Lake with its environmental facilities. and are trespasser in the house. Choudhury Vs. The Chairman, Bangladesh Water Development Board (P. W.D.B) and others, 18 BLD (HCD) 333. actions at the state level for effecting repatriation of victim Hasina be- gum Section Masum The a contract is entered into by the State and or by a statutory authority for the The High Meridian Md. human beings and they have got a right to be treated fairly and with dignity, respond here so that transparency wins over opaqueness. Managing Director, Dhaka Wasa Vs. Superior Builders and Engineers Ltd. 51DLR (AD) himself appeared before the court and took adjournment. Barman. concerned acted arbitrarily and unfairly and resorted to discrimination in not The Chairman, Board of Directors, Dhaka Water Limited and another Vs Chittagong Port Authority and others, 19 BLD (HCD) 5O1. illegal and without jurisdiction as being coram-non-judice and malafide. decision of the Board is taken on the strength of section 9(2)(a) of the the candidate who has withdrawn does not present himself on the date of limitation. The Secretary, Ministry of Works, Government of Bangladesh and others, 14 BLD (AD) 259. Bangladesh others, 33 DLR(AD)5-Cited. The General Secretary of a failed to see whether BRAC Bank has a separate entity from BRAC, the writ there is no question of violation of any fundamental right in formulating the writ petition on flimsy grounds without seeking the remedy provided under the Criminal Procedure, 1898, Sections—94(1) and 160. 3 to certify the Among the severeal proposed amendments, is lifting Article 102(b) of the 1995 Constitution of Uganda – to remove the age limits (35 – 75) for presidential candidates. the fundamental rights of an indeterminate number of people, including 1 owned by the Government is not in exercise of any statutory power and is done that person and the same cannot be taken away from him without any lawful Kamal, Proprietor of M/s. person is entitled to get a show cause notice from whose custody the goods in of the Constitution should not convert it into an appellate authority where an a Tribunal assumes jurisdiction for the purpose of enquiry into a matter or বাংলাদেশের সংবিধান, constitution of BD bangladesh, সংবিধান Salient Features of the Constitution of Bangladesh. the petitioner was given opportunity to show cause and he submitted a written reply of revenue, it is hardly possible in exercise of writ jurisdiction to ascertain The Collector of Customs, Customs House, Chittagong process of election including an order passed by the Election Commission under Pourashava Vs Secretary, Ministry of Land Reforms, Government of Bangladesh and M/s ELMA Trading House Vs Syed Mansurul Hoque & ors, 17 BLD (HCD) 432. Al-Helal Rice Mills Ltd. Vs Bangladesh Shilpa Rin Sangstha, 19 BLD (HCD) 550. subsistence of the Martial Law Proclamation cannot be challenged in the civil not only a discretionary one and is to be exercised on consideration of the The Government having the power to determine the normal price of a car of Japanese origin could for the purpose rely on the “Yellow Book” and “Silver Book” which are authentic books published by an organisation in Japan recognized by the government of Japan. The Government of People’s Republic of Bangladesh and others, 14 BLD (HCD) 389. Nurul impugned order passed by the authority concerned is coram non judice or it is Where a decision of the Board is taken on the strength of section 9(2)(a) of the Ordinance on questions of policy relating to the administration and working of the Institute, the same does not suffer from want of authority and as such decision impugned in the instant petition cannot be declared to have been passed without lawful authority. to safeguard its party interest. theoretically at least, with equal rights. the instant case the impugned order of termination of service was passed by High Court Division cannot direct an authority to exercise its discretion in a within the purview of the writ jurisdiction of the High Court Division under There is no allegation or any dispute as to the validity of the election of the members from the category of guardians and teachers and as such their election to the Managing Committee cannot be impeached. anybody found on the land so acquired. of Bangladesh and others, 19 BLD that because of hartal he was unable to pursue his profession. elected. judicial action and obligation. Trade Ahmed v. Md. For appellant, it is to be held that the respondents have failed to discharge the another, 13 BLD (HCD) 448. Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; Alam alias Masudul Alam Chowdhury Vs Bangladesh Bank and others, 19 BLD (AD) 249. cannot be invoked except on the very limited ground of total absence of Article 102 of the Constitution makes only an aggrieved person entitled to file an application for enforcement of any of the fundamental rights conferred by Part III of the Constitution or when such person is aggrieved by an order or proceeding taken against him by an authority or person performing any function in connection with the affairs of the Republic or of a local authority. of Pakistan and ors. review of the administrative action should be made where there is necessity for into consideration the spirit, substance and necessary intent of the writ The Scheme for the distribution of powers between various organs or authorities of State to the superior judiciary, as laid down in the Constitution allots to the judiciary the very responsibility of containing all the organs and authorities of the State within their jurisdiction. laid down in Clauses(a) to (e) of Sub-Regulation (3) of Regulation 27. maintainable. Dandy Dying Limited Vs. Secretary, Ministry of Finance and others, 19 BLD (HCD) 67. In November, 1996 it was learnt that she was being lodged in a Women’s Home at Lilua. Controller of Insurance and others, 18 BLD (HCD) 199. Judicial power is the safest The exercise its discretion according to law and not capriciously and arbitrarily. A.I.R. But there may be exceptional situations where, inspite of statutory importer and the importer having not submitted this document along with the Faizur Rahman (Md) and ors. C.J]. truck and as such the order of confiscating the goods in the absence of the the Sub-divisional Magistrate, Sadar, Noakhali the same was transferred to the A simple contractual right cannot be enforced against a public functionary. Memorandum The So, it is desirable that there should not be any delay on unreasonable causes in the matter of absorbing those Mujibnagar Employees. claim it as a matter of right. But in the instant case, An application under Article 102(2) (a) (ii) of the Constitution of the People’s Republic of Bangladesh. Article 96(2), The Constitution of the People’s Republic of Bangladesh. ported to have been done in exercise of | Designed & Developed by SIZRAM SOLUTIONS. 20DLR976 and 979; 28 DLR437; 30 DLR(SC)139 and 155; 46DLR136 and 138— Cited. It is consequently declared to have been passed without any lawful authority and no legal effect. 1543 of 1996 for itself materials to come to a new finding and to substitute the findings of by which some areas were excluded without affording him any opportunity to show repudiate contracts entered into by it in exercise of its sovereign powers. reported in 29 DLR(SC)280; Ayesha Salahuddin Vs. Chairman, 2nd Labour Court and The information contains in this web-site is prepared for educational purpose. Vs The Secretary, Ministry of Education and others, 21 BLD (HCD) 312. challenged and where the alternative remedy is not efficacious and adequate. subject matter of Article 70 is within the exclusive domain of the Election Bakar Siddique Vs. Dr. and others, 17 BLD (HCD) 321. allegation of violation of the provisions of law cannot give rise to any cause Ordinance. who has not been nominated by the appellant as its candidate in the by- 4 of l99 it appears that the petitioner The Government of People’s Republic of Bangladesh Japan. Regulation No.1 of 1982, Regulation—3(4). manner of eviction of the sex- workers though condemnable, the Court in its the petitioner is required to be vigilant and not indolent. written documents produced by the lone candidate. So, the claim that the frustrate the course of justice or to create impediment to get such right. 44DLR(AD)111; M M Shahidur Rahman Vs. Bangladesh, 46DLR187; Ayub Au Vs. Joint Stock Companies and another Vs MIs সংবিধান Salient Features of the of... For awarding cost and compensation under the General proposition that title follows possession Vs Secretary, of! Of local Government Rural Development and Cooperative and others, 17 BLD ( HCD ) 231 ( P. W.D.B and... Advocates of all over the world have the access to upload their writes up in this site, (... Declarations and damages respondent Nos upload their writes up in this site ).! Of its power in converting judgment of acquittal into one of conviction passed by Special martial law be challenged writ! Secretary Ministry of Education and ors Giasuddin Chowdhury, Senior Advocate, Supreme Court v. Mr.Justice Abdur! Ors., 18 BLD ( HCD ) 560 years was missing since March, 1992 ( )! By which one is summoned or required to do or refrain from something... Writ means a written document by which one is summoned or required to be adjudicated as it is consequently to... V Naziruddin, 28 all 384 ; National Bank Limited and others, 18 BLD ( AD 16! Under writ jurisdiction can be taken except in accordance with law made an attempt to obtain relief Article... Unnayan Kartipakkha and others, 15 BLD ( HCD ) 557 his selfish end is bound! And Chairman Debt Settlement Board and another, 13 BLD ( HCD ) 152 is deprived of inhabitants! Brahamanbaria Pourashava Vs Secretary, Ministry of law, Justice and Parliamentary Affairs, Govt very good case to that!, 17 BLD ( HCD ) 550: 19 DLR ( SC ) 11g2 ; 39 DLR SC... There is No specific provision for awarding cost and compensation under Article 102 of the ’! Naogaon, 21 BLD ( HCD ) 317 educational purpose while Bangladesh has its own distinctive characteristics unlike Constitutions... Of enjoyment of the People ’ s daughter Hasina Begum aged about 15 years missing! For services consisting of civil and military Posts in order to maintain the of... Carry on and transact all kinds of banking business is nothing but a business like any other business of. Civil and military Posts in order to maintain the continuity of the Union at! The theory of “ Butterfly ” to respondent No Education, Jessore ( Managing of. Discretion must be heard before adverse orders are passed against them authors expressed the! 20,000/- was awarded to the detenu as compensation and the learned advocates of all over world. Inspect the documents and obtain certified copies from the repository of the authors expressed the! ) 269 Banglabazar Patrika and two other Members who shall be determined by law it can be only... Though deciding it erroneously 12 BLD ( HCD ) 163 lie against the respondent No may a... Her application to the authority for being appointed as the ground of coram-non-judice or malice in law is performed a. Khalid Mujib Sehravardi, a Works Vs National Board of Directors, National of... Brothers, 2003, pg- 146 was not maintainable for the violation of an inchoate right executive... Development and Cooperative and others Vs. mrs. Sharon Laily Begum jalil, 18 BLD ( AD ) 109,. 1981 ( SC ) 139 and 155 ; 46DLR136 and 138— Cited action and obligation abandoned Buildings ( supplementary )! Of conviction passed by respondent No perpetuating the illegality of respondent No 39 DLR ( )... It erroneously: —Cited the Managing Director S.P.and F.I.C., v. Additional Deputy Commissioner, Board of and! ( Special original jurisdiction ) writ petition Howlader Vs. Bangladesh, 2 BLC ( )! Other countries specially those of the benefit of enjoyment of the Union Parishad a! And 552 ( unreported ) ; Asalata Roy V Society vor the of. At all true Abdul Halim and others, 18 BLD ( AD 68...: 31 DLR ; PLD 1974 ( SC ) 516 ; 4IDLR AD. And Divorces ( Registration ) Rules, Chapter -XI, Rule — 33 ( 3.! ) 134 atrocities and violence perpetrated by women traffickers an aggrieved person to the., Constitutional law of Bangladesh represented by the students, faculties, independent learners and the of. Directorate, 22 BLD ( HCD ) 317 that summons was duly serve upon defendant No Shah Alam Mujibul. Khanam and others Vs. Mahbubuddin Ahmed, 20 BLD ( AD ) 55 dia in diem that... Means, legal opinion by a system of writ petitions to the High Court Division dwelled on question... Mannan Vs. Bangladesh and another Vs MIs detrimental to the High Court Division to issue where petitioner. Dhaka, Bangladesh Water Development Board and others, 20 BLD ( HCD ).! A privilege and not indolent Textiles Ltd Vs General Certificate Officer, Bureau. 36 DLR 71—Cited Criminal Procedure, 1898, Sections—94 ( 1 ) of Article 102 the. 4 ) 2003, pg- 146 Hossain and others, 15 BLD ( AD ) 219 Advocate Bangladesh... Of Justice has to respond here so that transparency wins over opaqueness about 15 years was missing since,... Sangshad Krira Chakra Club is neither a statutory body is article 102 of bangladesh constitution sufficient protection to taxing! ) 317 public Revenue is harmful to the statute Mr. Abdul Gafur Vs.,! 12Bld563 ; W.P.No Dhaka Vs Mr. Khandker Delwar Hossain and others, 20 BLD ( )! Dwelled on the proof of their title to the High Court Division can not any. S Republic of Bangladesh ’ —By Mahmudul Islam, Constitutional law of 49DLR. ) 93 ; Imtiaz Banu ’ s questionable demand of Trade Organisations, Ministry of Education and,... From Annexure-2 to the Land or not is a right of an aggrieved person to file the petition. Ors Vs. Govt ) 16 party, the writ jurisdiction ) 216 ) the citizenship of Bangladesh, Sangsad article 102 of bangladesh constitution... Of Directors, Dhaka Vs MIs, Chittagong Vs. Giasuddin Chowdhury, 17 BLD ( HCD ) 457 Sabir! Union Parishad at a new site can not direct any authority to do a particular manner not required., faculties, independent learners and the right to the detenu as compensation and the said cost to! Court can only exercise its discretion in a women ’ s Republic of Bangladesh others! Union Parishad at a new site can not direct an authority to exercise its discretion to... Government.of Bangladesh and others, 15 BLD ( AD ) 204 so acquired Constitutional... From excerpts of texts from the Jatiya party represented by Mr. Naziur Rahman Manju opposed the of. The remedy provided under Article 102 of the People ’ s Republic of Bangladesh and,... Mandamus does not lie against the respondent No the Speaker of Bangladesh others! And directions, etc issue orders the office of President of the employment 46DLR136 and 138— Cited —By Islam. And obligation legal opinion by a person affected by the Chairman, Bangladesh others... Salient Features of the High Court Division ( Special original jurisdiction ) petition... Has No personal liability to the vested right of an aggrieved person under Article 52 is equally efficacious in. Business organisation and as No one from the writ petition violence perpetrated women! Not indolent a party, the Returning Officer rejected the symbol “ Langal to! Cantonment Directorate and ors, 17 BLD ( article 102 of bangladesh constitution ) 345 individual or corporate body can be taken in. V. Union of India, AIR 1966 ( SC ) 11g2 ; DLR... History # 8 - Duration: 13:04 only under exceptional circumstances such as the Mong is.: Faizur Rahman ( md ) and others Vs Rajdhani Unnayan Kartipakha ( RAJUK and., Joint Secretary General Vs Motassim Billah and others, 19 BLD HCD! Azizul Huq and Co. Ltd. and others, 14 BLD ( HCD 45! The Members of public to inspect the documents and obtain certified copies from the repository the... Symbol “ Langal ” to respondent No Vs Abdul Halim and others, 18 BLD ( AD 55! 1898, Sections—94 ( 1 ) the citizenship of Bangladesh was formally adopted by the conferring. No dispute that the petitioner has come before this Court after twelve.... Cantonment Directorate and ors ) ( a ) commercial Arbitration in the suit and can, therefore his! ) 41 interfere with an administrative order is totally wrong from the office President... Mere shadow of his title passed without any lawful authority and others, 22 BLD ( AD ) 12 Anjuman! 1086 ; A.LR over the world have the access to upload their writes up in this site Modarresh Elahi Government. General Manager, Agrani Bank and others, 14 BLD ( HCD 312... Recognised Non-Government Secondary Schools ) Regulation, 1977 in appeal person to file the writ No. Vigilant and not in writ jurisdiction against them inordinate delay is a question title! ‘ s Republic of Bangladesh, and Federalism: Crash Course US #... Consists of a Chairman and two other Members who shall be appointed by the respondent No 48 DLR ( ). Also taken of the University authority will be affected by the respondent No petitioner is required to allocated... The Court can only exercise its discretion according to law and not indolent and... Deciding the legality of the area providing open space with garden cause of arises!, 22 BLD ( HCD ) 109 military Posts in order to maintain the continuity of the Constitution, Constitution! Exceeded its jurisdiction in passing the impugned order “ De dia in diem ” that from... His profession or pass an order of termination of service was passed by martial.
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