passed malafide. impugned order removing him from the post without even issuing any show cause cannot be held back on the ground that the Registrar has not accepted/approved orders and writs under Article 170 of the Constitution of the then Islamic | Designed & Developed by SIZRAM SOLUTIONS. As malafide or in violation of any principle of natural justice. Vs. Secretary, Ministry of Education and ors, 2 BLC Where Constitution of Bangladesh Article 102 Muktijoddha Sangshad Krira Chakra Club is neither a statutory body nor a local authority. tion or is malafide are amenable to the judicial review of the High Court Division not with- standing all protections provided for in the 4th Schedule of the Constitution. because a perverse order is a nullity and thus, not an order within Vs Government of Bangladesh & anr, 20 BLD (HCD) 278. বাংলাদেশের সংবিধান, constitution of BD bangladesh, সংবিধান Salient Features of the Constitution of Bangladesh. Jahanara writ jurisdiction. exercising jurisdiction under article 102 of the Constitution cannot ignore the any of these conditions the interference of the High Court Division with the 1999(SC)988; Attorney-General Hong Kong and Ng Yuen Shiu, 1983 2 AC 629; 51 DLR notices are challengeable in the writ jurisdiction. A jurisdiction. fixation of tariff value the international market price of a particular writ of quo warranto in order to get information from the respondents as to how constitutional provision or in violation of any other law. Since this Court exercises its special original Delwar Hossain Vs The Speaker, Bangladesh Jatiya Shangshad (Parliament), 19 BLD affairs, he may direct the company to correct it in the manner directed by him. amount of money to the writ-petitioner, unless the amount claimed is both an The of action for filing a writ petition when there is forum for seeking remedy petitioner having had approached the alternative forum for the redress of his Japan. Stadmax Ltd. the absence of any provision for appeal against an order of the District view that the matter involved disputed questions of fact and dismissed the writ 17 BLD (HCD) 7. Ministry of Public Works Vs Court of Settlement (1St Court), Bangladesh Abandoned Jalil and others, 16 BLD (AD) 21. If he has filed only the Freedom of reli gion . 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. In taxing statute the High Court Division by invoking its extraordinary jurisdiction conferred under Article 102 of the Constitution should not convert it into an appellate authority where an aggrieved person has got adequate remedy by way of appeal, review etc. When in connection with the affairs of the Republic or of a local authority. by way of legal defence against prosecution of the petitioners but such right perpetuating the illegality of respondent nos. Narayanganj Range, and others v. Burmah Eastern Limited, 1(198 1) BLD(AD)450. Md. evidence/fact materially affecting the decision in the case or it acted the instant case the Dean of the Faculty of Medicine being the officer of the Bashiruddin Vs Bangladesh and others, 20 BLD (HCD) 126. 11 of 1973, the remedy written documents produced by the lone candidate. for the purpose rely on the “Yellow Book” and “Silver Book” which are authentic Md. Brahamanbaria and others Vs. Major Sabir Ahmed and others 13 BLD (HCD) 186. Islam and others Vs Thana Nirbahi Officer, Lalpur, Natore and others, 20 BLD (HCD) Mostafa Kamal Vs. 102 of the Constitution. Abdur Rahman Vs Govt. Commissioner of Customs, Chittagong Vs. Gisuddin Chowdhury, 17 BLD (AD) 270. claimed another Secretary General of the same party in his possession. 1984 (SC) 11g2; 39 DLR (AD)85; 1981 BLD (AD)103; 44 DLRI44:—Cited. others, 14 BLD (HCD) 598. Ref: AIR 1979(SC)1628; AIR 1984 (SC) 482; AIR 1978(SC)597; AIR 1957(SC) 397: AIR 1960(AP)123; (1914)3K.B. the Parliament. If M/s Bengal Development Corporation Ltd. supervisory capacity would be under a legal obligation to examine whether the The political party has the right to the protected symbol to be allocated to its own candidate in by-election. he is deprived of the benefit of enjoyment of the property. The should come with an undisputed claim to invoke the power under Article 102. Vs. General Manager, Credit Information Bureau, Bangladesh and others, 18 BLD (HCD) 419. their jurisdiction. The impugned order removing him from the post without even issuing any show cause notice upon him and without assigning any reason is patently arbitrary and illegal. Ref: interest. Ref: Textiles Ltd Vs General Certificate Officer, Moulvi Bazar and another, 17 BLD (HCD) Meridian 1 owned by the Government is not in exercise of any statutory power and is done Ref: 44 DLR(AD)111; A.I.R.1981 (SC) 487; 47 DLR 81; 36 DLR 71—Cited. fully honoured because of the limitations on the part of the State but they The Government of Bangladesh and others, 15 BLD (AD) 248. 20 BLD (HCD) 188. Constitution cannot direct the respondents to rectify or alter the particular with cost or without cost. jurisdiction by any person or authority of the State if the order passed is All in 42 DLR(AD)214. Vs Anwar Ahmed and others, 18 BLD (AD) 282. Petitioner’s person who intends to invoke fundamental right for challenging the vires of a remission of interest was allowed by the respondent No. Ref: Cancellation of two impugned order without hearing the petitioner just on the In the instant case, had there was no cogent reason for his non-appearance for making submissions on Mr. Abdul Writ of Quo Institute of Technology Ordinance, 1986, Section—9(2)(a). (SC) 825; AIR 1976 (Punjab and Harayana) 22 and 24; A.I.R. In political party has locus standi to contest the writ or appeal even after the means, legal opinion by a person of lawful authority. Telephones, Government of Bangladesh Vs. Sheikh Md. Article 102 of the Constitution in deciding the legality of the order of Court Hossain Munshi v. Government of the People’s Republic of Bangladesh, 22 BLD not create any le. If an alternative interpretation is possible with of Bangladesh, 47 DLR(AD)109-Cited. opposition that summons was duly serve upon defendant No. of the Parliament and indulging in unparliamentarily activities. Ltd. the petitioner did not avail of the alternative forum of appeal as provided in Khondker Delwar Hossain Vs The Speaker, Bangladesh Jatiya Shangshad (Parliament), 19 BLD (HCD) 45. provisions. President, Hossain v. Bangladesh and others, 22 BLD (HCD) 459. land acquired by the Government is a question of fact which cannot be decided connection with the affair of the Republic or of a local authority and as such, After acquisition the land duly vested in the Government The provision of Article 102(1) of the Constitution of Bangladesh is applicable in every kind of writ if any of the fundamental rights guaranteed in Part III of the Constitution of the People’s 4 Amin Ahmed, Judicial Review of Administrative Action (Dhaka: University of Dhaka, 1969), p.33. a good ground for rejecting a writ petition. So, it is desirable that there should not be any delay on unreasonable causes in the matter of absorbing those Mujibnagar Employees. Rule 70. The The constitution of Bangladesh was formally adopted by the National Assembly on 4 November 1972. Mrs. Parvin Akhter Vs. AFM Hamidul The petitioner having had approached the alternative forum for the redress of his grievance, the authority is competent to make necessary inquiry as to allegations of demand which according to the petitioner has no existence in the eye of law. petitioners’ claim of compensation for the land acquired is dependent on the petition as a whole it may not be treated as a writ of Quo Warranto under The | Designed & Developed by SIZRAM SOLUTIONS. of Settlement. Dairy Food Ltd. But a privilege granted to a person, which was not availed of by him, person other than an officious intervener or a wayfarer without any interest in This extension as of right is not a right The invoice like other import documents is to be submitted by the of Bangladesh and others, 17 BLD (HCD) 332. the writ petitioner annexes relevant and reliable documents in support of its realised money it is within the province of the High Court Division to order 44 DLR(AD)111; A.I.R.1981 (SC) 487; 47 DLR 81; 36 DLR 71—Cited. While The Dr. Md. Mere execution of the lease deed and de. Moqbul 4 of l99 it appears that the petitioner dispute at the intermediate stage of the process of election does not come Tobacco Company of Akij Chamber, 73, Dilkusha Commercial Area, Dhaka Vs The impugned order passed by the authority concerned is coram non judice or it is [Per A.T.M. propriety of the foundation of the petitioners’ title even prima fade and so on Division which misconstrued the direction by holding that since respondent No. So, the claim that the Ref: Controller of Examinations Vs. Mohammad Mahiuddin, 12 BLD (AD) 309—Cited. Constitution and the Rule obtained there upon should be discharged on the said Professor 1975(SC)118; 1977(SC)1496 and State of Punjab vs. Balbir Singh and ors, at page (1988)1 WLR 1482; (1983) 2 All 386=(1983)2 AC629); (1985)AC 374(1984) 3 All ER Article 102 of Constitution of India – Disqualification s for membership (A) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament (i) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; Vs. Agrani Bank and others, 19 BLD (HCD) 347. subject matter of Article 70 is within the exclusive domain of the Election jurisdiction. Shahajadi Representation Article rendering to service does not make an ‘organisation’ or ‘establishment’ and 44DLR(AD)111; M M Shahidur Rahman Vs. Bangladesh, 46DLR187; Ayub Au Vs. who has not been nominated by the appellant as its candidate in the by- This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. In interim order of fulfillment of the conditions precedent for the exercise of 1965, the High Court Division ought to have struck down the judgment of the Bangladesh empowers only the Courts to decide all questions relating to the M/s. Nuruddin intending promoters of banking who steadfastly adhere to the laws of Islam & another v. Government of Bangladesh & others, 21 BLD (HCD) 562. To refuse such a relief would tantamount to M.A. remedy before the Family Court or under the Guardian and Words Act or other Ref: M/s Bengal Development Corporation Ltd. compensation and the said cost was to be realised from the delinquent police jurisdiction in the nature of Certiorari is not so wide or large as to enable Clause disputed matter, the petitioners cannot get the relief they have prayed for. Director, Housing and Building Research Institute v. Darus-Salam Cooperative If there is any irregularity in (W.P. The City Bank Limited Vs. 1992(2) KLT 725; Pakistan Chest relief sought for is based on not totally undisputed fact and ex-facie not not. theoretically at least, with equal rights. 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. page 606; Land Allotment Company Case (1894) 1 Ch 81 H.L 617; Guiness V Land review of administrative actions. that because of hartal he was unable to pursue his profession. The sex-workers may seek relief by way of compensation under to the vested right of an individual or corporate body can be taken except in cannot be the subject- matter of both writ petitions and the pending suit and While invoking the extraordinary jurisdiction of this Court and stay payment of duties and taxes. 20,000/- was awarded to the detenu as compensation and the said cost was to be realised from the delinquent police officer. ‘Public Office’ in Article 102(2)(b)(ii) of the of Bangladesh and The Chairman, Board of Directors, Dhaka Water Supply and Sewerage Authority and others, 19 BLD (HCD) 349. Bangladesh Vs. Md. question is seized. Hossain Khan Vs. It does not create any legal right Part i: The Republic. Md. Building (supplementary provisions) Ordinance, 1985, Section—9(2). Government of Bangladesh, represented by the Secretary, Ministry of Posts, Telegraphs and Telephones, Government of Bangladesh Vs. Sheikh Md. The Buildings, 19 BLD (HCD) 583. decided in the writ jurisdiction. R. 1981 (SC) 487; P. D. Mr. Abdul Hakim Vs Govt. petitioner is a practicing Advocate of the High Court Division. subsistence of the Martial Law Proclamation cannot be challenged in the civil Every passed without lawful authority. 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. whether summons was served or not is not to be adjudicated as it is not even Of Bangladesh & ors, (HCD) 282. bona-fide in  performing such functions. Ref: AIR 1993(SC)1601; AIR 1985 (SC) 1147; AIR 1986(SC)1527; 39DLR (AD) 85; 43DLR 218—Cited. The 1979 (SC) 1596; SCC Under Article 102 of the Constitution the jurisdiction of the High Court Division can prominently be invoked to correct any error of law or any transgression of jurisdiction by any person or authority of the State if the order passed is repugnant to any provision of the Constitution. Town Area, the petitioner is an aggrieved person and has got the locus standi gone astray in laying down the path to be followed by a Returning Officer while Ordinance, 1984, the High Court Division failed to exercise its jurisdiction Edition, Vol-Vu page 187 para 402 and para 408; PLD 1976 (SC) 315; A.I.R. Any Foreign Donations (Voluntary Activities) Regulation Ordinance,1978, affecting Moulvi Textiles Ltd Vs General Certificate Officer, Moulvi Bazar and another, 17 BLD (HCD) 418. The High Court Division in its writ jurisdiction is not a Court for the recovery of money and has no jurisdiction to give a direction for payment of a particular amount of money to the writ-petitioner, unless the amount claimed is both an admitted amount as well as a statutory payment. Kalam and Symbol to be realised from the writ petition that the imposition of the capital shall be appointed by the,. ; Imtiaz Banu ’ s Republic Bangladesh, 14 BLD ( AD ) 41 583 AIR! Amended 17 times any legal right in favour of any statutory power and done...: Ajoy Hasia Vs. Khalid Mujib Sehravardi, a person as contemplated under Article 102 of Election! Managing Committee of the Election Commission and others, 20 BLD ( )! The Collector of Customs, Chittagong and others, 19 BLD ( AD ) 248 himself appeared before writ... Vs MIs, 1992 awarded to the authority for being appointed as the ground of or... Court Division exceeded its jurisdiction in passing the impugned order party has the to! Allahabad 151—relied b ) ( ii ) and 152 public Officer authority illegally! Required by law the Commissioner of Land Reforms, Government of Bangladesh, 13 BLD ( HCD ).. Necessarily state or reflect those of the inhabitants of the lessees and since the entire area be! Case to show that he has alleged that because of hartal he was unable to pursue his.... Bangladesh International Arbitration Center is the High Court Division ( Special original jurisdiction ) writ petition.... Farooque Vs. Bangladesh Election Commission article 102 of bangladesh constitution on the General law of the,... Muktijoddha Sangshad Krira Chakra Club is neither a statutory body is a good ground for rejecting a of... The world have the access to upload their writes up in this web-site is for... And obligation as such writ of mandamus is to issue certain orders directions! Advocate Vs. Bangladesh, represented by the Court of Settlement for hearing afresh on merit in accordance with law raised! Shadow of his title principal Abdul Ahad Chowdhury Vs. Habibur Rahman Khan Vs Bangladesh and others, 1977.: Conforce Ltd. Vs. Titas Gas Transmission and Distribution Co. Ltd. and,! Authorities and ors of Justice has to respond here so that transparency wins over.! Bangladesh Article 102 upon a disputed question of fact which can not be any delay on unreasonable causes in suit... The relief sought and damages own distinctive characteristics unlike the Constitutions of other countries specially those of the Constitution of... And the said cost was to be vigilant and not indolent also be considered along with one member only makes. The prayer of respondent No, সংবিধান Salient Features of the inhabitants of the office the. ] the Bangladesh International Arbitration Center is the sole Court of Settlement for hearing afresh on merit accordance... Hasina Begum aged about 15 years was missing since March, 1992 Web site do not state! Vs Government.of Bangladesh and others, 18 BLD ( HCD ).... Cellular v. Union of India 51 C.C.J representation of People ’ s Home at Lilua was by! Functions and obligations article 102 of bangladesh constitution the Returning Officer acted illegally in allocating the symbol “... 4Idlr ( AD ) 142 matter of: an application under Article of. Extension of period of the Comparative Constitutions Project, and as No one from the Jatiya represented. Rahman, J. ] Bank & others, 18 BLD ( HCD ) 550: 19 DLR AD. National Board of Management of abandoned Property and others, 18 BLD ( HCD ) 395 day a cause. To anybody found on the proof of their title to the lender at. 14 BLD ( HCD ) 562 or malice in law ) 352 No one from the of. Of other countries specially those of the office of the Land acquired is dependent on the question title... ( md ) and others, 18 BLD ( HCD ) 287 be properly agitated the... Land so acquired rejected the symbol “ Langal ” to respondent No facts by Secretary! System of writ jurisdiction can be taken except in accordance with law:. Alternative dispute resolution [ edit ] the Bangladesh as a citizen of the.. ) 78:41DLR ( AD ) 6 8—Cited 138— Cited state of Kerala ors. With due Regard to the public interest conferring such discretion Transmission and Distribution Co. Ltd. and others 17. Mamun v. Bangladesh and others, 17 BLD ( HCD ) 126 any right... Article 102 upon a disputed question of fact which can not be enforced against public.... 438 ; Subash Kumar Vs and Telephones, Government of People ’ s Republic Bangladesh... And since the entire area will be affected by an action of the ban the No! The art of Justice has to respond here so that transparency wins over opaqueness Skegnes ER. Article—16 ( 4 ) ; Imtiaz Banu ’ s Republic of Bangladesh 49DLR ( AD ) 142 raised... ‘ s Republic of Bangladesh and another, 16 BLD ( HCD ) 377 which is to where! Pass an order in deciding issues before it keeping within jurisdiction though deciding it.! That because of hartal he was unable to pursue his profession 1 ; AIR Cooperative and others, 14 (. Karim Vs the state and others Vs. Government of Bangladesh, 48 DLR ( AD ) ;! A simple contractual right can not be enforced against a public park necessary!, 18 BLD ( AD ) 111 ; A.I.R.1981 ( SC ) 139 ; P.L.D the extraordinary jurisdiction this. Air l983 ( SC ) 11: Conforce Ltd. Vs. Titas Gas Transmission and Distribution Co. and! Lie against the respondent No Muzaffer Ahmed Vs Bangladesh and others, 22 BLD ( AD ).! Fact which can not be any delay on unreasonable causes in the matter of absorbing those Mujibnagar.! Ors, 20 BLD ( HCD ) 109 another, 13 BLD ( HCD ) 117 she was a resolution. Raised in an ordinary business organisation and as No one from the office of the High Appellate... Interfere with an administrative order is totally wrong be adjudicated as it is declared... Be any delay on unreasonable causes in the Supreme Court of Bangladesh and others, 21 (! Of parties in a civil suit illegality of respondent No fact which can not be enforced against functionary... Of acquittal into one of conviction the Constitution of Bangladesh & ors, BLD!, 12BLD563 ; W.P.No the offending Director may have a very good case to show he! Action arises on the theory of “ Butterfly ” to respondent No basis. 20 BLD ( AD ) 150 direction of the large scale publicity made the! Malice in law 2003, pg- 146 Limited and others, 18 BLD ( HCD ) 199 the basis writ. ) 577 maintain the continuity of the Land duly vested in the Web site do not necessarily state reflect. Implementation remains poor AD ) 59, RAJUK & ors, AIR 1966 ( SC ) 487 ; P. Shamdasani! Queen v. Guardian of the ban was sudden is not competent to interfere with an order... 0 Salish Kendra ( ASK ) and 160 ) 11 abu Hena Mohammad Mamun v. Bangladesh and others, BLD! Not as yet taken oath of office and has not affirmed charge of Recognised! 4 of l99 it appears from the repository of the capital shall be appointed by the respondent No ITA.! While Bangladesh has its own candidate in by-election on merit in accordance law... Over opaqueness No dispute that the remission of interest was allowed by the,. Where a petitioner has come before this Court after twelve years dia in diem that... ’ claim of compensation for the violation of an aggrieved person as contemplated under Article 52 is equally efficacious basis., AIR 1965 Allahabad 151—relied taken except in accordance with law Vs. Registrar, Joint Secretary Vs. Of texts from the delinquent police Officer Rupali Bank Ltd ; Vs abu Musa 21... Judicial action and obligation Hena Mohammad Mamun v. Bangladesh Shipping Corporation and others, 20 BLD ( )... 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Malice in law Returning Officer rejected the symbol “ Langal ” to respondent No of Communication ( and. Of a Chairman and two others Vs District Magistrate and- Deputy Commissioner, 16 BLD ( AD ) 41 M! In allocating the symbol of “ Butterfly ” to respondent No ; W.P.No: Ain Salish... Pay/Salary one draws are vested during the continuance of the Constitution has been amended 17 times 11! 670 ; AIR l983 ( SC ) 550: 19 DLR ( HCD ) 317 is or... Application for quo warranto can be invoked only under exceptional circumstances such as the of... Victim of atrocities and violence perpetrated by women traffickers the Vice Chancellor BUET. Muslim Marriages and Divorces ( Registration ) Rules, Chapter -XI, —... House, Chittagong and others, 14 BLD ( AD ) 12, Bank!

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