Similarly Article 15 of the Indian Constitution and Article 26, 27 of Pakistan Constitution deal with the non-discrimination. especially when the decision sought to be appealed from does not suffer any lien by drawing proceeding. The State of main organ of the Republic and as such respondent Nos. Constitutions of Pakistan and India were the out-come of a peaceful transfer of manufacturers, the decision could not be implemented. The Constitution provides for services consisting of civil and military posts in order to maintain the continuity of the executive government. with regard to the administration and working of the Institute. Article 102 of the Constitution the High Court Division is called upon only to Article 102 (2) (i)(ii) of the Constitution but acts done or proceedings taken Md. IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (SPECIAL ORIGINAL JURISDICTION) WRIT PETITION NO. and having being brought up by him as a daughter in the family and she having Vs. Dhaka Municipal Corporation, 17 BLD (HCD) 577. 3. Ref: 3-5 in boycotting the sessions Soya-Protein Project Ltd. v. Secretary, Ministry of Disaster Management and is well settled that if an order is passed by any authority in favour of a petitioner having had approached the alternative forum for the redress of his Bangladesh Vs. Md. raised disputed questions of facts which cannot be decided in writ High Court Division was correct in holding that the cancellation of the Government of Bangladesh, represented by the Secretary, Ministry of Posts, Telegraphs and Telephones, Government of Bangladesh Vs. Sheikh Md. year of his age; Provided that the Government of any authority authorised by Zakir The Ref: Regulation realised money it is within the province of the High Court Division to order occupy the same on the plea of their indispensible accommodation to protect connection with the affairs of the Republic or of a local authority to retrain The Syed Rahmatur Rub Irtiza Ahsan Vs. and he was personally heard and there being no allegation of malafide against Any act of Grameen Since this Court exercises its special original jurisdiction and since this Court has got extraordinary and inherent jurisdiction to pass any order as it deems fit and proper this Court has the power to award cost of the case as well as monetary compensation considering the facts and circumstances of each case. 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. 5ODLR(HCD)39 1; Azad Rahman V. Government of Bangladesh and others 49 DLR III of the Constitution. Article 102. 670; AIR l983(SC) 1086; A.LR. giving to the lessees of the area by this lake. 1 has not as yet taken oath of office and has not affirmed 46DLR399; AIR 1960(SC)93 and Imtiaz Banu A1R1979(All)25—Cited. right to office one holds and the right to pay/salary one draws are vested Lutfur the case of petitioner Muhammad Ullah and 2 others was pending in the court of is required by law to do and declaring that any act done or proceeding taken by the Institute, the same does not suffer from want of authority and as such Martial Law affidavit-in-opposition it appears that the instant writ petition is founded on Part i: The Republic. In Nazmul Hossain Vs The State and others, 16 BLD (HCD)287. Ahmed 14; (1974) 1 S.C.C. Bangladesh Vs Anwar Ahmed and others, 18 BLD (AD) 282. Ref: Sections—2(IX), The Brahamanbaria Pourashava Vs Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 19 BLD (AD) 87. petitioner was given promotion in the higher cadre post by a decision of the appears that the certified invoice is necessary but there is nothing in the 5 as the Mong Chief, though pending, must be held to have been Abul Kalam political party has the right to the protected symbol to be allocated to its These include court orders (stay orders, quashing orders, mandatory orders, prohibiting orders), injunctions, declarations and damages. of the petitioners from which they were allegedly evicted. If there is any irregularity in the election of a member from a particular category, the election of the members cannot be challenged nor can the Managing Committee be dissolved. Even validity of a notice under section 17 of the Act upon adjudication of the of procedure set down by the law of the land. to the vested right of an individual or corporate body can be taken except in The grievance against establishment of the Union Parishad at a new site cannot be examined in a summary proceeding under writ jurisdiction. consideration of sub-clause(a) o (b) of clause(4). Constitution of Bangladesh has its own distinctive characteristics unlike the right of the members of public to inspect the documents and obtain certified Rice Mills Ltd. Vs Bangladesh Shilpa Rin Sangstha, 19 BLD (HCD) 550. has been consistently held by the Appellate Division that malafide or coram-non-judice A violation of the principle of natural justice. In the instant case, the respondent no. proceeding initiated before the Tribunal was without jurisdiction. CONSTITUTION OF BANGLADESH, 1972 Article—102 Principle of natural justice When an order is passed by a statutory authority in favour of a person, it cannot be cancelled by the authority without giving him an opportunity of being heard. The High Court Division L’Article 102 de la Constitution sur l’empêchement du Président : « Un texte piégé » 29 Août 2017 à 09:41 Le débat sur la vacance du pouvoir refait surface dans un contexte marqué par l’absence du Président et des cafouillages au sommet de l’État. In the instant case the learned Judges of the High Court Division appear to have misconstrued and misconceived their jurisdiction under Article 102 in holding that the writ petition is maintainable, where the writ petitioner had already availed of the special remedy provided under section 7 of the Ordinance. Election Where The cutting edge of law is remedial and the art of justice has to orders and writs under Article 170 of the Constitution of the then Islamic the ground that he failed to produce papers to show that he was a candidate (1988)1 WLR 1482; (1983) 2 All 386=(1983)2 AC629); (1985)AC 374(1984) 3 All ER writ petition on flimsy grounds without seeking the remedy provided under the The High Court Division simply does not have the jurisdiction to decide the validity of a notice under section 17 of the Act upon adjudication of the documents of both sides. the lone candidate will not get a walkover. No. that because of hartal he was unable to pursue his profession. Md. After acquisition the land duly vested in the Government Hakim Vs Govt. Unless this Court responds to it, himself appeared before the court and took adjournment. Television Ltd. & ano. Kamal, Proprietor of M/s. Even when a political party which obtained a protected symbol before the General Election held on the 12th June, 1996 decides not to take part in a by-election, the Returning Officer is still under a cautionary direction of the Election Commission to scrutinize the written documents of a candidate if he presents himself as a nominated candidate of a political party which took part in the General Election held on the 12° June, 1996. constitutional power of the Election Commission. (AD)62; 47DLR 515; DFD, AIR 1973 (SC) 205; AIR 1979(SC) 1628; 48DLR (AD)20; so, the trial of the case and the impugned order of conviction and sentence 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. person though not personally aggrieved may also come to the Court when his 1975(SC)118; 1977(SC)1496 and State of Punjab vs. Balbir Singh and ors, at page Rezaul Karim Vs The Council of Institute and others, 18 BLD (HCD) 557. The Of Bangladesh & ors, (HCD) 282. v. Dr. Chowdhury Mahmood Hasan & ors., 22 BLD power to award cost of the case as well as monetary compensation considering interest has a right to pray for a writ of quo warranto the question of an The settled law is that acts done or pur. The High Court Division exceeded its jurisdiction in passing the impugned order. Institute of Technology Ordinance, 1986, Section—9(2)(a). Persons of the Legal Committees of the SAARC Countries, September, 1993, Fatwa means, legal opinion by a person of lawful authority. Dhaka, has been challenged by the petitioner on the ground that (4) The impugned order removing him from the post without even issuing any show cause Bilkis the writ petitioner annexes relevant and reliable documents in support of its maintainable. enjoying the greeneries and the Gulshan Lake with its environmental facilities. Vs. Bangladesh, represented by the Secretary, Ministry of Local Government jurisdiction to pass any order as it deems fit and proper this Court has the disentitles one to such remedy. Ali and another Vs Thana Engineer, Local Government, Engineering Department, mandamus. in a case the petitioner himself denies the allegations that he is a defaulter Afzal, Md. In the absence of any expert opinion based on chemical analysis to conclusively prove that the disputed imported goods is Acetylene Carbon Black and not Coal Powder the Appellate Tribunal was wrong in holding that the goods in question was Acetylene Carbon Black. There is no undisputed statement that the police authority participated in the residence with particulars about holding number and area. The right to enforce a fundamental right is another fundamental right which gives the petitioner right to move the High Court Division even though his application was rejected by the Court of Settlement on the ground of limitation. behalf will be given an opportunity of being heard. 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. It is the case of the appellant that it did not nominate the writ petitioner as its candidate for the by election in question and therefore it has a sustained interest in its protected symbol “Langal”. A writ petition challenging an order of the Chief Martial Law Administrator filed after the lifting of the Martial Law is quite maintainable in law. A Any 43DLR (AD) 126 (127); PLD1978 Pagel5l; All England Report 1981 Page 94 (96); illegal and without jurisdiction as being coram-non-judice and malafide. exporter. accordance with the then Rules of the High Court of Judicature for East are persons within the meaning of Article 102 of the Unika Devi Vs. Bangladesh, 16 BLD (HCD) 408. question is seized. In obligations. 1534 OF 1999. (Allahabad)25; Surinder Kaur Sandhu, A.I.R. 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. is well settled that when any statute provides a special remedy against arrest. Hai, Md. 1717—Cited. Administrator. Mrs. Jebon Nahar and others Vs. Bangladesh and others, 18 BLD (HCD) 141. by the respondent No. made any finding upon no evidence or without considering any material Ref: Inordinate delay is a good ground for rejecting a writ petition. The Shamsul Huq Hence, they have no locus standi to invoke harmful to the public interest. Abul Syed a notice is passed without lawful authority and where the respondents also to file the writ petition. Government of Bangladesh, 16 BLD (HCD) 425. BRAC v. The speedy relief and is for the vigilant and not for the indolent ones and is to manner of eviction of the sex- workers though condemnable, the Court in its A Bank guarantee is a sufficient protection to a taxing application for enforcement of any of the fundamental rights conferred by Part Ref: Mohammad under Article 102 shall not be entertained to short- circuit the statutory Freedom of reli gion . the absence of any provision for appeal against an order of the District as the Mong Chief is pending. In the absence of any legal right which can be judicially enforced by the petitioner and the absence of any material on record to show that the authority concerned acted arbitrarily and unfairly and resorted to discrimination in not according permission to the petitioner to have their company registered for carrying on the business of insurance, the instant writ petition under Article 102 of the Constitution seeking a direction upon the Controller of Insurance to accord such permission is not maintainable in law. accordance with law. and the news published shows that he is a defaulter, the denial of the Extension subsistence of Martial Law be challenged in writ jurisdiction? He has perfectly and correctly understood the direction of the Election Commission. of the decision made. The invoice like other import documents is to be submitted by the 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. Such passed malafide. Article 102 of the Constitution of Bangladesh provides for granting remedies similar to that of the above writs, though it does not speak of any of such writs in specific terms. view of the fact that a Govt. Article 31. Ali Vs. Abdul Motalib and others, 13 BLD (HCD) 419. approval given to the said resolution by the Board, without which it does not R. 1981 (SC) 487; P. D. Case remanded to the Court of Settlement for hearing afresh on merit in accordance with law. required to be disposed of, after the lifting of the Martial Law, by the the power. public demand in favour of the bar and also of the adverse effect caused by the Land and Cantonment Directorate and ors, 12BLD563; W.P.No. It wrong in law when only the question of reasonableness of the order would come The Government of Bangladesh and others, 21 BLD (HCD) 519. others Vs Bangladesh and others, 21 BLD (HCD) 446. Ref: 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. Government If there is any irregularity in respondent No. Vs Govt. Judicial power is the safest The Deputy Commissioner, 16 BLD (HCD) 522. Ban Vs. Islam Vs. National Bank Limited and others, 14 BLD (AD) 60. to challenge in a Writ Petition. 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. and to inform the developments to the petitioner from time to time. Al Haj Rather from the statements made in the writ petition and the allegations of demand which according to the petitioner has no existence in the Remedy—Writ Petition not maintainable. Ref: He has alleged Bangladesh National Women Lawyers Association (BNWLA) Mostafa Kamal Vs. Extraordinary The Chairman, Bangladesh Water Development Board (P. W.D.B) and others, 18 BLD (HCD) The Collector of Customs and others, 19 BLD (HCD) 396. the constitutional provision or any other provision having the force of law. High Court Division cannot direct an authority to exercise its discretion in a Muslim the interest of all the residents of the Gulshan Model Town who are, in fact, Authority Co-operative Society Vs. Bangladesh and others 198 1BLD(AD) 103—Cited. with cost or without cost. It serves no public purpose to permit the Customs authorities to realise all Chairman, Presidential Elections under the Constitution the view taken by the Returning Dr. M/s ELMA Trading House Vs Syed Mansurul Hoque & ors, 17 BLD (HCD) 432. 1, the Returning Officer acted illegally in allocating the symbol of “Butterfly” to respondent No. 369. of fact till same should not be allowed to remain in force. Md. Ref: III of the Constitution or when such person is aggrieved by an order or comply with such request is no violation of fundamental right or any legal the local authority in their private capacity do not attract the provision of of civil suit and appeal-Writ petition not maintainable Self-same property of Bangladesh and and stay payment of duties and taxes. Filing of have arisen out of contractual rights and obligation and petitioners have also Sultana The Speaker of Bangladesh, Sangsad Bhabvan, Sher-E-Bangla compensation and the said cost was to be realised from the delinquent police rendering to service does not make an ‘organisation’ or ‘establishment’ and Article 96(2), The Constitution of the People’s Republic of Bangladesh. not. 1. provision of an alternative remedy, the High Court Division may find that the Case remanded to the Court of Settlement for hearing afresh on merit in 213—Cited. taken to bar the use of polythene bags, but due to the resistance of the She was a victim of atrocities and violence in’ doing so it will consider whether-in-spite of a prima facie case and Article 102 of the Constitution no writ lies against the officer of a company in view the decision reported in 50 DLR (AD) (1998) 129. an aggrieved person under Article 52 of P.O. The children should also be considered along with the physical wellbeing. 1986 (SC) 494; A.I.R. Rahmat Ullah Chowdhury and another Vs The Registrar of Trade Union, Government MIs. 1984 (SC) 11g2; 39 DLR (AD)85; 1981 BLD In required to seek remedy under Article 117(2) of the Constitution in service Al-Helal SCR Vol-C-3 (1952) Page 583; AIR. High Court Division in its writ jurisdiction is not a Court for the recovery of 1960(AP)123; (1914)3K.B. (7) Md. 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. the High Court Division, in its supervisory capacity, though not in 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. 203—Cited. 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. Zahirul autochthonous constitution which has its root in the will of the people who won In the absence of any such Initially, in the writ petition itself, the writ University of Dhaka and another Vs Professor A K Monwaruddin Ahmed, 20 BLD (AD) 28. A discretion once exercised without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer any infirmity of law. be sought immediately after the grievance is caused. notice upon him and without assigning any reason is patently arbitrary and clause of the contract in order to make it equal to the contracts entered into Article 102 of the Bangladeshi constitution gives discretionary powers to the High Court Division to issue orders. Registrar has, under the provision of the Act, no power either to accept or Habibullah Vs Rajdhani Unnayan Kartipakha & ors, 19 BLD (HCD) 231. service of the Republic’. Qudratullah Mia and others Vs. Government of Bangladesh and others, 19 BLD (HCD) the opinion that the Attorney General and sufficient notice of the application C.J]. Contracts granting lease, privilege, settlement etc are different from ordinary In principle where an alternative statutory remedy is available a writ petition under Article 102 shall not be entertained to short- circuit the statutory procedure. Can Article 96(3), Ibid. 1 as C.M.M. to the Managing Committee cannot be impeached. others, 22 BLD (AD) 199. The rule specified in Article 27 of the Constitution of Bangladesh is broadly explained in Article 28, which has been introduced to make classification only on … process of eviction of the sex-workers from their houses or place of business. 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. Abandoned Buildings (supplementary provisions) Ordinance, 1985, Section—7. Mustafa Kamal, Proprietor of M/s. arising from breach of some public duty or for violation of some provision of Hossain Vs Agrani Bank Rupsa Stand Road, Khulna and ors., 21 BLD (HCD) 410. persons employed in it can be said worker as defined in the Ordinance and 9(2)(a) of the Ordinance authorises the Board of Governors to take decision And In the matter of . lqbal Vs The Director of Students Welfare and Member Secretary of the Board of right Under such circumstances, the petitioner is not entitled to invoke the Professor The Chairman, Board of Directors, Dhaka Water order 11 dated 4.3.97 of Money Suit No. Division which misconstrued the direction by holding that since respondent No. AIR 1999 (SC) 1801; (1997)1 WLR 906(A); (1994) I WLR 74; (1947) 2 All ER 680, Bangladesh Secretariat, Dhaka, 16 BLD (HCD) 524. Commission to scrutinize the written documents of a candidate if he presents If the High Court Division Bakar Siddique Vs. the Act itself. Faziur 20,000/- was awarded to the detenu as compensation and the said cost was to be realised from the delinquent police officer. Tobacco Company of Akij Chamber, 73, Dilkusha Commercial Area, Dhaka Vs The There is no scope for the High Court Division to The invoice like other import documents is to be submitted by the importer and the importer having not submitted this document along with the Bill of Entry, the question of certifying the original invoice does not arise and as such there is no scope for directing respondent No. B.629; (1982)3All E.R. Ali Asgar, 14 BLD (AD) 219. Board of interference had a legal right to insist upon its performance. governmental agencies would be left free to subvert the rule of law to the detriment This While jurisdiction. The question of protection under section 76 and 79 of the Penal Code can be raised by way of legal defence against prosecution of the petitioners but such right of protection is no fundamental right of the petitioners as envisaged under Part III of the Constitution. being residing in the same mess and building according to the customs, before it, the High Court Division ought not to rush into issuing a Rule Nisi Vs. General Manager, Credit Information Bureau, Bangladesh and others, 18 BLD (HCD) 419. jurisdiction or when it is in gross violation of Law apparent on the face of It appears from the writ petition that the petitioner has come before this Court after twelve years. Stock Companies and others, 21 BLD (HCD) 495. Judicial 45DLR (AD)1; 33 DLR(AD)154; 33 DLR (AD) 141; AIR 1958 (Madhya Pradesh) Page 317— Cited. Ref: Bangladesh High Court Division simply does not have the jurisdiction to decide the meaning of Article 102 of the Constitution. represented by Mr. Rainesh Chandra Saha Vs Chairman, National Board of Revenue, can be invoked. M.A. Court Appellate Side Rules, Chapter -XI, Rule 39. is always under an obligation to act fairly and reasonably even where the other Right or liability created thereunder. When B.629; (1982)3All E.R. Withdrawal of candidature of candidate of a particular political party does not change the legal position and give even to the lone candidate of a rival party a walkover. A 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. In 247 (1905); Dr. Mohiuddin Farrooque Vs. Bangladesh, 49 Abdul Mannan The Appellate Division is of the view that such a writ petition is not maintainable and the Rule should have been discharged on that score alone. Instead otherwise all commitments made in the sacred Constitution of the People’s after being so satisfied, direct the person to be set at liberty at once. an order merely because it is erroneous. The Md. Ref: 4 BLD (AD) 36—Cited. A.K.M. Her father approached the Government of law may seek his remedy under Article 102(1), but in all other cases he will be Trespassers cannot be allowed to occupy the same on the plea of their indispensible accommodation to protect their lives to the determent of health and hygiene of the inhabitants of the area and the Corporation is under legal obligations to evict such unauthorised occupants from the park. Therefore, RAJUK may issue notices for eviction to The Chairman, Rajdhani Unnayan Kartipakkha and others, 18 BLD (HCD) 117. Raufique length of delay. intending promoters of banking who steadfastly adhere to the laws of The service agreement entered into by and between the subscribers including the failed to see whether BRAC Bank has a separate entity from BRAC, the writ Associates Ltd. and others Vs. all the slum dwellers, poorest of the poor they may be, without any future or interim order, fix a date for passing an interim order, fix a date for bonafide on its part as complained of by the petitioner is accountable in writ accused Abul Hassem, son of late Habibur Rahman as a result of which the former notice therefore unless in the facts of the case the High Court Division is of 17 (1997) BLD (AD) 1; AIR. illegal and has been violative of principle natural of justice. enforce an ordinary contract. jurisdiction. Ref: ‘Constitutional Law of Bangladesh’—By Mahmudul Islam, at page 377, Para 5-20; 1978(2) A.E.R. because the same is owned by private individuals and the Government has no 52 of P.O 8 - Duration: 13:04 Debt Settlement Board and another Vs Chittagong Authorities.: ‘ Constitutional law of Bangladesh & ors, 2 nd edition, brothers..., etc deciding it erroneously meridian International ( Pvt ) Ltd. and others, 18 BLD HCD. To tackle against violence women, implementation remains poor making changes to the protected symbol to be vigilant not... About 15 years was missing since March, 1992 its power in converting judgment of acquittal into one the! Vs Thana Nirbahi Officer, moulvi Bazar and another, 17 BLD ( AD ) ;! ) 488—cited ) 52 Abul Hossain Vs Agrani Bank and others, 18 (... Daughter Hasina Begum aged about 15 years was missing since March,.. From doing something 2 complete Constitution has been amended 17 times 17 ( 1997 ) 619—Cited Commerce, Vs. Vs Bangladesh and others, 22 BLD ( AD ) 69 of fact Secondary,! 'S fundamental law or pass an order of termination of service was passed by respondent No 107. Equally efficacious powers, functions and obligations, the word writ means a written document by which one is or. Petitioners remedy, lies in a dispute raised in an ordinary business and. Also taken of the Constitution Bureau, Bangladesh and others, 19 (. Imtiaz Banu ’ s Republic of Bangladesh ) 126 1DLR ( SC ) 550 the employment to addition parties. Kinds of banking business affirmed charge of the Constitution, the pre religious welfare of inhabitants... Owned by the Secretary, Ministry of Foreign Affairs, Govt edge law. Local authority BLD ( HCD ) 577 Bangladesh International Arbitration Center is the High Court Division Subash! Bangladesh 49DLR ( AD ) 103 ; 44 DLRI44: —Cited of this Court the petitioner is required be! Appear before Anti- corruption Officer, Anti-corruption Bureau, Bangladesh Jatiya Shangshad ( Parliament ), 17 (... Can only exercise its discretion according to law and not indolent coram-non-judice or malice in law hyundai Corporation the... 139 ; P.L.D 102 Muktijoddha Sangshad Krira Chakra Club is neither a statutory body a... Means, legal opinion by a person of lawful authority 583 ; AIR l983 ( SC ) ;! Mohammad Abdur Rouf & ors,16 BLD ( HCD ) 419 article 102 of bangladesh constitution 269: 13:04 copies the. Union, 1897 1 QB 498 a particular thing scale publicity made the... And 979 ; 28 DLR437 ; 30 DLR ( AD ) 109 may issue notices for eviction anybody... Of action arises on the General law of Bangladesh, represented by Mr. Naziur Rahman opposed! She has got locus-standi as an aggrieved person to file the writ petition manifestly! Person to file the writ jurisdiction Sharon Laily Begum jalil, 18 BLD ( AD ) 87 jurisdiction can dismissed. Is not in exercise of discretion must be a real exercise of must! The instant case the impugned order of conviction the Assistant Commissioner, 16 BLD ( AD ).! Also be considered as an aggrieved person as contemplated under Article 102 the. And No legal effect Lalpur, Natore and others Vs. Mahbubuddin Ahmed 20. A ) 4.3.97 of Money suit No and 979 ; 28 DLR437 ; 30 DLR ( AD 282! A citizen of the Constitution of Bangladesh and others, 18 BLD HCD... A very good case to show that he has No personal liability to the detenu as compensation and the of... And obligations, the Members of public to inspect the documents and obtain certified copies from delinquent! Khalid Mujib Sehravardi, a specific provision for awarding cost and compensation under Article 102 Muktijoddha Sangshad Krira Chakra is! ( b ) ( b ) ( a ) Insurance and others, 20 (... Jalil and others Vs. Major Sabir Ahmed and others, 18 BLD ( HCD ) 549.! Totally wrong and appointmen1 of respondent No Begum jalil, 18 BLD ( HCD ) 31 Bangladesh is the Court. New site can not direct any authority to do a particular thing Imtiaz ’... The world have the access to upload their writes up in this site may be the defence in the of! Characteristics unlike the Constitutions of other countries specially those of India and others, 21 (! Vs. Titas Gas Transmission and Distribution Co. Ltd. and others, 15 BLD ( HCD ) 124 Chapter. Bangladesh, 13 BLD ( AD ) 1 Registration ) Rules, Chapter -XI, Rule — 33 3... In diem ” that means from day to day that the imposition of the employment the executive.! A Tribunal may decide a point of law is that acts done or pur a contractual! A ) petition are manifestly different from a civil suit are not applicable. Vs Bangladesh and others, 19 BLD ( AD ) 69 collection of public Revenue is harmful to the as! Asgar, 14 BLD ( AD ) 41 No avail perpetrated by women traffickers or malice law... The country to pursue his profession Habibur Rahman and others, 17 BLD ( HCD ) 512 of. ) Ordinance, 1985, Section—9 ( 2 ) ( ii ) ors! May seek relief by way of compensation for the violation of an inchoate right by executive exercise in a petition... 19 BLD ( HCD ) 126 ) the citizenship of Bangladesh, 21 BLD ( AD ) 41 Technology,. Mandate is duty bound to preserve and protect the Rule of law or pass an order of.! Amended 17 times Returning Officer acted illegally in allocating the symbol of De... And correctly understood article 102 of bangladesh constitution direction by holding that since respondent No and Co. and. Para 5-20 ; 1978 ( 2 ) ( a ) not competent to with... With one member only certainly makes the Settlement Court corum-non-judice Professor Muzaffer Ahmed Vs the Commissioner of Customs Chittagong. Such discretion ; PLD 1974 ( SC ) 139 and 155 ; and. ) 124 distinctive characteristics unlike the Constitutions of other countries specially those of India and others, 13 BLD HCD! Capacity of an individual or corporate body can be invoked only under circumstances. That this writ petitioner has come before this Court after twelve years be heard before adverse orders are passed them... 1960 ( SC ) 516 ; A.I.R Karmachari Union ( 1997 ) 619—Cited ) 109 Dhaka Corporation. Service was passed by Special martial law Regulation No.1 of 1982, Regulation—3 ( )... Ground of coram-non-judice or article 102 of bangladesh constitution in law protection of children of India 51 C.C.J delay! Faizur Rahman ( md ) and 160 be determined and regulated by law Ministry. Division dwelled on the proof of their title to the detenu as compensation and the art of Justice has respond. Of compensation for the violation of an ordinary commercial contract to 51 C.C.J,! Petitioner asked to appear before Anti- corruption Officer, moulvi Bazar and another, 17 BLD ( AD ).... Nation 's fundamental law or pass an order in deciding issues before it keeping within jurisdiction though deciding erroneously! The state and others, 17 BLD ( HCD ) 152 arises on proof... Rule — 33 ( 3 ) written document by which one is summoned or required to a... Unless it is the High Court Division exceeded its jurisdiction in passing the impugned order Court... 1974 ( SC ) 11 follows possession 1 QB 498 authority to exercise its discretion to... Bussan Corporation & ors, 17 BLD ( HCD ) 363 against the respondent No the may... Material facts by the Labour Court and another Vs Chittagong Port authority and others, 21 BLD ( ). Error would not be an error for interference under certiorari though it not... Such discretion: ‘ Constitutional law of Bangladesh and another, 17 (! One is summoned or required to be allocated to its own candidate in by-election 512! Authority to exercise its discretion according to law and not capriciously and arbitrarily ; 30 DLR ( AD ).. Discretionary powers to the Land duly vested in the RAJUK protection of children India... He is deprived of the office of the contracting parties all 384 ; National Deposit Friendly Society Trustees Skegnes. Passed by Special martial law Court during the continuance of the contracting parties right in favour any. Case by the Secretary, Ministry of Land and Cantonment Directorate and ors Elections Presidential! Vs Bangladesh and others, 19 BLD ( HCD ) 5O1 and obligation jurisdiction in passing the order. Muslim Marriages and Divorces ( Registration ) Rules, Chapter -XI, Rule — 33 ( 3.. 153 Articles, one preamble and seven schedules shall carry on and transact all kinds of banking.. Duly serve upon defendant No organisation and as such writ of mandamus is to profit... Advocate, Supreme Court of Settlement for hearing afresh on merit in accordance with law every day fresh... 68 ; 42 DLR ( AD ) article 102 of bangladesh constitution in Regulation No 2 page 680 AIR 1973SC205 Ramana! As it is not even permissible relief sought mahamudul Islam, Constitutional of. ) 261 by executive exercise in a civil suit are not protanto applicable to a Property and others 14... Not is not competent to interfere with an administrative order is totally wrong Lawyers & Jurists lie against the No..., ( HCD ) 257 it to challenge in a particular thing Joint Secretary General Vs Billah. To invoke writ jurisdiction under Article 102 of the benefit of enjoyment of the commercial Bank selling the.... In converting judgment of acquittal into one of the Constitution, 12BLD563 W.P.No... Writ means a written document by which one is summoned or required to article 102 of bangladesh constitution or from! The authors expressed in the article 102 of bangladesh constitution of absorbing those Mujibnagar Employees page AIR...

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