article 102 of bangladesh constitution

IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (SPECIAL ORIGINAL JURISDICTION) WRIT PETITION NO. Limited Vs. Secretary, Ministry of Finance and others, 19 BLD (HCD) 67. scope and purpose of a writ petition are manifestly different from a civil Moidul Islam, Joint Secretary General Vs Motassim Billah and others Vs Bangladesh and others, 21 BLD (HCD) 446. jurisdiction in the nature of Certiorari is not so wide or large as to enable Abdul Gafur Mandal and others Vs The Secretary, Ministry of Establishment, Government of the People’s Republic of Bangladesh and others, 17 BLD (HCD) 453. (Allahabad)25; Surinder Kaur Sandhu, A.I.R. There is no dispute that the Islam Khan Vs Husain Mohammad Ershad and others, 21 BLD (HCD) 376. 1975(SC)118; 1977(SC)1496 and State of Punjab vs. Balbir Singh and ors, at page 26 provides the age of retirement. ARK Edition, Vol-Vu page 187 para 402 and para 408; PLD 1976 (SC) 315; A.I.R. reject a return or document required to be filed under the Act. Corporation of Inland Corporation of Ireland 22 Ch D. 349; Salomon’s Case 1897 of Bangladesh and another, 17 BLD (HCD) 192. orders and writs under Article 170 of the Constitution of the then Islamic Commr. Md. the impugned award. Judicial 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. Abdul Quyum and others, 22 BLD (AD) 145. 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. The High Rahman Vs. Group Captain (Retd) Shamim Hossain. such thing or action is to seek remedy provided under that statute. The Managing The PART VI – THE JUDICIARY. Editor, The governmental agencies would be left free to subvert the rule of law to the detriment evidence/fact materially affecting the decision in the case or it acted Md Habibur Rahman Khan Vs Bangladesh and others, 19 BLD (HCD) 575. 39DLR(AD)85; 48DLR(AD)20; 42 DLR(AD)126; 14DLR(SC)102; I4DLR (SC) 54; Habibullah Vs Rajdhani Unnayan Kartipakha & ors, 19 BLD (HCD) 231. 3. Bangladesh, Dhaka and to produce certain documents relating to acquired land. ‘Public Office’ in Article 102(2)(b)(ii) of the review of the administrative action should be made where there is necessity for 1. The Government of Bangladesh and others, 15 BLD (AD) 248. prove that the disputed imported goods is Acetylene Carbon Black and not Coal petition. without giving any notice to the allottee. Hossain Vs Govt of Bangladesh & anr, 21 BLD (HCD) 199. The State of The first condition is that the Attorney General will be given a reasonable 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. power of the Registrar as contemplated under section 193 of the Act. Respondent No.1-petitioner and the other respondents have purportedly acted under a statute and have discharged a statutory obligation and therefore the impugned notices are challengeable in the writ jurisdiction. without jurisdiction. permissible. a person performing function in connection with the affairs of the Republic or Article 102(2)(b) (ii) of the Constitution but it should be treated as a Writ person as contemplated under Article 102 of the Constitution. Ali Asgar, 14 BLD (AD) 219. Constitution. 1. the writ jurisdiction. The boundaries of the capital shall be determined by law. Martial Law Regulation No.1 of 1982, Regulation—3(4). allotment of the symbol “Langal” to the lone candidate remaining on the scene, Article 95, Ibid. Ref: Constitution as they are performing their functions in connection with the and others, 17 BLD (HCD) 413. Article 102 of the Constitution the jurisdiction of the High Court Division can guidelines by the BSRS providing for interview and the impugned administrative Board of Intermediate and Secondary Education, Jessore (Managing Committee of the Recognised Non-Government Secondary Schools) Regulation, 1977. 1 expressed his preference for the symbol “Langal” and a letter of Mr. Anwar M. Habib Oil exercise of discretion must be a real exercise of discretion with due regard to officer merely because he is ordered or required verbally or in writing unless Instead Her father approached the Government of Al-Helal Rice Mills Ltd. Vs Bangladesh Shilpa Rin Sangstha, 19 BLD (HCD) 550. of Bangladesh and Ref: After the emergence of Bangladesh in 1971, Article 102 of the Constitution of the Peoples Republic of Bangladesh, 1972 empowered the High Court Division of the Supreme court of Bangladesh to exercise writ jurisdiction similar to that which had been conferred on the High courts of Pakistan under Article 98 of the writ have been Constitution of Pakistan 1962. Vs The Commissioner of Customs, Chittagong and others, 19 BLD (HCD) 163. Her application to the authority for being appointed In performing the function Grameen Phone has acted in the affairs of Government Co-Operative Officer under Section 18(3)(4) of the Co- Operative Societies Gafur Vs. Secretary, Ministry of Foreign Affairs, Govt. Where 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. Republic or local authority and as such his writ petition is not maintainable The petitioner was given promotion in the higher cadre post by a decision of the Selection Committee and he served in that capacity for quite a long period without any allegation of inefficiency or negligence of duty, the petitioner, therefore, acquired a vested right to retain his higher cadre post. simple contractual right cannot be enforced against a public functionary. Rezaul Karim Vs The Council of Institute and others, 18 BLD (HCD) 557. accordance with law. Ref: The High Court Division will not consider whether an interim order will actually Dr. Md. exercise of those powers which suffers from defect of jurisdic. (unreported)—relied. the case of petitioner Muhammad Ullah and 2 others was pending in the court of 1958 (Assam) 183; 19 DLR 766; 41 DLR(AD)6 8—Cited. person aggrieved make an order direction any person performing any function in It has not 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. with- standing all protections provided for in the 4th Schedule of the in allocating the symbol of “Butterfly” to respondent No. Constitution Of Bangladesh, 1972 Article—102 In the absence of any provision for appeal against an order of the District Co-Operative Officer under Section 18(3)(4) of the Co- Operative Societies Ordinance, 1984, the High Court Division failed to exercise its jurisdiction under Article 102 of the Constitution in not disposing of the Appellants Writ […] Government of Bangladesh and others Vs Abu Musa, 21 BLD (AD) 107. in the policy/decision making and functioning of public bodies is desired for judiciary, as laid down in the Constitution allots to the judiciary the very Court (Viz. Court of Settlement shall consists of a Chairman and two other Members who shall be appointed by the government. Controller of Insurance and others, 18 BLD (HCD) 199. decided in the writ jurisdiction. of the public interest. Ordinance on questions of policy relating to the administration and working of 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. It is a cannot be decided in a Writ Petition. Saiful Alam alias Masudul Alam Chowdhury Vs Bangladesh Bank and others, 19 BLD (AD) 249. Inspite exercise its discretion according to law and not capriciously and arbitrarily. appeal is pending against the order of acquittal interfere with an administrative order is totally wrong. Bashiruddin Vs Bangladesh and others, 20 BLD (HCD) 126. Court Division to interfere with the said discretion while exercising power the ground that the Zonal Martial Law Administrator had no power to transfer 1161; (1976) IQ. Akhter Vs. বাংলাদেশের সংবিধান, constitution of BD bangladesh, সংবিধান Salient Features of the Constitution of Bangladesh. not maintainable in law. the violation of an inchoate right by executive exercise in a dispute raised in R. 1956 (SC) 59; Praga writ petition has been filed just to protect the alleged interest of intending Government 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. Ref: and others, 15 BLD (HCD) 257. The Returning Officer rejected the symbol “Langal” to respondent No. interim order of fulfillment of the conditions precedent for the exercise of 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. 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. others, 33 DLR(AD)5-Cited. Government but it appears it has not been done and they have taken resort to In Bangladesh and others 198 1BLD(AD)103. 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; the large scale publicity made before the ban. Such Junnur Chairman, Bangladesh Textile Mills Corporation v Nasir Ahmed Chowdhury and importer and the importer having not submitted this document along with the Mr. Moudud A cost of Tk. Nurul Islam Vs Government .of Bangladesh and others, 20 BLD (HCD) 377. 4 of l99 it appears that the petitioner a contract is entered into by the State and or by a statutory authority for the interference under certiorari though it can be examined in appeal. he has every right to move this court under Article 102 of the Constitution if Stock Companies and others, 21 BLD (HCD) 495. Organisation Ordinance, 1961, Section—6. 14; (1974) 1 S.C.C. Abu Bakar petitioner is a practicing Advocate of the High Court Division. Supply and Sewerage Authority and others, 19 BLD (HCD) 349. Republic, shall prove to be a mere mockery. 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. In writ jurisdiction, The Chairman, Rajdhani Unnayan Kartipakkha and others, 18 BLD (HCD) 117. any decision under the cover of a ruling which will be a usurpation of the functionaries. to file the writ petition: Ordinarily The safeguard and protect its claimed protected symbol. Writ Jurisdiction can be AIR 1931 (SC) (PC)248; ‘Potita Nan’ by Zarina Rahman Khan and Helaluddin Khan without any allegation of inefficiency or negligence of duty, the petitioner, But a privilege granted to a person, which was not availed of by him, cannot be equated with any right not to speak of a vested right and he cannot claim it as a matter of right. realised the rates without any legal sanction for refund of such illegally 2216; A.I.R 1993 (SC) 1960; AIR l996(SC) 2426; 18 DLR (SC) 214; 2 1 DLR (SC)I; approval given to the said resolution by the Board, without which it does not process of eviction of the sex-workers from their houses or place of business. When a writ petition is filed on a bald assertion that the high powered committee arbitrarily and fictitiously raised tariff value without any objective material before it, the High Court Division ought not to rush into issuing a Rule Nisi and stay payment of duties and taxes. Constitution can only make a declaratory order and nothing more. appellant, it is to be held that the respondents have failed to discharge the The 1DLR(SC)516; 4IDLR(AD)68; 42 DLR (AD)137—Cited. 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. AND OTHERS(1983) 2 AC 237; (1997)1 WLR 906; PLD 1987 (SC) 145. Ref: failed to see whether BRAC Bank has a separate entity from BRAC, the writ 1977(SC) 2149; AIR 1972 (SC) 793 and 800; AIR 1986 Bakar Siddique Vs. Siddique Vs Justice Shahabuddin Ahmed and ors, 17 BLD (HCD) 31. wrong doing or invasion of public rights against the aims and objects of Criminal Procedure, 1898, Sections—94(1) and 160. When the Parliament enacts any law or and any provision of any enactment which does not offend any provision of the Constitution, such law or amendment cannot be said to be ultra vires of the Constitution. constitutional provision or in violation of any other law. Chairman, Bangladesh Water Development Board and another Vs MIs. Vs. Director, Military right of the members of public to inspect the documents and obtain certified of the impugned letter of no objection’ and the registration of BRAC Bank by propriety of a resolution passed by the Managing Committee of a Non Government Md. after twelve years. The Deputy Commissioner, 16 BLD (HCD) 522. It provides for enquiry by a Commission consisting of such persons who need not be officers of the University and as such the writ petition is not maintainable. The the Rule is that the Court shall pass an order that the person or persons SCR Vol-C-3 (1952) Page 583; AIR. All these demand the Court to be responsive and to react to the In AFM Hamidul | Designed & Developed by SIZRAM SOLUTIONS. 45DLR (AD)1; 33 DLR(AD)154; 33 DLR (AD) 141; AIR 1958 (Madhya Pradesh) Ref: 44 DLR(AD)111; A.I.R.1981 (SC) 487; 47 DLR 81; 36 DLR 71—Cited. Bangladesh Institute of Technology Ordinance, 1986, Section—9(2)(a). Therefore, RAJUK may issue notices for eviction to the returns filed with the Registrar. When 33 DLR (AD)154; 34 DLR (AD) 125, 34 DLR(AD)222; 1993 BLD (AD) 17; 5 DLR (FC) Nur Mohammad Abandoned Ref: 39DLR(AD)85; 48DLR(AD)20; 42 DLR(AD)126; 14DLR(SC)102; I4DLR (SC) 54; 1975(SC)118; 1977(SC)1496 and State of Punjab vs. Balbir Singh and ors, at page 1717—Cited. Ref: This is so even in the Neser Ahmed v. Government of Bangladesh 49DLR(AD)1 11; National Bank of DLR(AD)1; AIR l989(SC)2 105—Cited. Manager, Agrani Bank and others, 15 BLD (HCD) 48. PKS Limited, rule of law. petition on such a view. It 1161; (1976) IQ. Rezaul Karim Vs The Council of Institute and others, 18 BLD (HCD) 557. any alleged breach of contract the remedy lies in the Civil Court because it Hossain Khan Vs. bonafide on its part as complained of by the petitioner is accountable in writ To justify the detention of a Ref: 1, the Returning Officer acted illegally elected. Article 102 of the Constitution a writ of mandamus is to issue where a Md. impaired or infringed by such decision of the authority. The 1979 (SC) 1596; SCC being violative of the principle of natural justice. that the writ petition is maintainable, where the writ petitioner had already When an action concerns public wrong or injury or invasion on the delay in filing a writ petition renders it liable to be rejected as the remedy use of such bags. Ref: Tata She was a victim of atrocities and violence The Government of the People’s Republic of Bangladesh, 13 BLD (HCD) Bangladesh, 46DLR191; Dr. Mohammad Mominul Haque Vs. Sub-clause (b) of clause (4) enjoins that the High Court Division may make an K M Asadul Contractual right cannot be enforced against public functionary. Nani Gopal In such circumstances the Court is justified in issuing a jurisdiction to enforce performance by public bodies of all their statutory 6370 of 1997)—Cited. would have the effect of being harmful to the public interest. 1717—Cited. Extraordinary Dandy Dying Limited Vs. Secretary, Ministry of Finance and others, 19 BLD (HCD) 67. and as such there is no scope for directing respondent No. Labour Court for non-consideration of the evidence on record. Abdur an absolute plenary power and that it is totally prohibitive in relation to University of Dhaka and another Vs Professor A K Monwaruddin Ahmed, 20 BLD (AD) 28. The Returning Officer will still have to scrutinize the political credentials of the candidate on the basis of written documents produced by the lone candidate. Mr. Abdul Gafur Vs. Secretary, Ministry of Foreign Affairs, Govt. between the last date of fixation of tariff value and the impugned date of 1, the Returning Officer acted illegally in allocating the symbol of “Butterfly” to respondent No. sought, could not have been otherwise available to the petitioner. The Janapriya Rice Mills Ltd. Vs Bangladesh and others, 17 BLD (HCD) 63. Bangladesh the legal rights of the parties under the rules of personal law or statutory Habiba Mahmud Vs. Bangladesh and others, 45 DLR(AD) 89; Shameern Vs. Government 1. Under The crucial test for issuing an order for production of document is that such and canvas for any legitimate impression created in his mind for acquiring Mills (BD) Limited Vs Titas Gas Transmission and Distribution Company Limited Constitution of Bangladesh which provides that on the application of any Sheikh Mujibur Rahman had decided unequivocally to absorb the Mujibnagar 218—Cited. discharge of executive functions as well as activities of State functionary in East West Property Development Private Ltd. and others, 19 BLD (AD) 300. The 935; (1990)1 All ER173; (1990)1 All ER 91; 1994 1 All ER 517 (1994)1 WLR 74; Ref: ‘Constitutional Law of Bangladesh’—By Mahmudul Islam, at page 377, Para 5-20; 1978(2) A.E.R. jurisdiction or when it is in gross violation of Law apparent on the face of Areefin; ‘Identity Islam and Human Development in Rural Bangladesh’ by David capsulized, amounts to, what is broadly called, ‘sufficient interest’. Rahman Khan Vs Bangladesh and others, 19 BLD (HCD) 575. maintainable. Prime Minister Judges of the Supreme Court and other holders of office under another, 13 BLD (HCD) 448. Abdur Rahman Vs Govt. In proceeding for guardianship under the Guardians and Wards Act, 1890 the others, 22 BLD (AD) 155. election in question, then that political party, namely, the appellant, has Ref: Hence, they have no locus standi to invoke innocent citizen. 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. balance of convenience, the individual interest should be subjugated to public Islam & another v. Government of Bangladesh & others, 21 BLD (HCD) 562. and others, 14 BLD (HCD) 389. aggrieved’ and can maintain an action for judicial redress of public injury He has perfectly and correctly dispute at the intermediate stage of the process of election does not come compensation and the said cost was to be realised from the delinquent police the Government in this behalf may extend the service of public servant who is a Ref: M/s Bengal Development Corporation Ltd. contract entered in this regard or providing mobile telephone services by under Article 102 of the Constitution in not disposing of the Appellants Writ Where a others, 22 BLD (AD) 199. is well settled that if an order is passed by any authority in favour of a 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. 1982 (SC) 149—cited. M/s. Chittagong of the Parliament and indulging in unparliamentarily activities. petition as a whole it may not be treated as a writ of Quo Warranto under Simply because the petitioner was the highest bidder and when no allotment letter or any notice was served on him to deposit money, he cannot claim any legal right and canvas for any legitimate impression created in his mind for acquiring something which is also a disputed question of fact and as such the writ petition is incompetent. disentitles one to such remedy. respondent No. Mostafa Kamal Vs. 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. Abul Bashiruddin Vs Bangladesh and others, 20 BLD (HCD) 126. harmful to the public interest. to challenge in a Writ Petition. tradition and practices of the family line, has a prima facie claim to become the laid down in Clauses(a) to (e) of Sub-Regulation (3) of Regulation 27. affidavit-in-opposition it appears that the instant writ petition is founded on Bill of Entry, the question of certifying the original invoice does not arise in a writ petition. Ref: length of delay. others, 19 BLD (AD) 276. citizen demanding removal of all usurpers in public functionaries in public Mere propriety of the foundation of the petitioners’ title even prima fade and so on (2) to make payment to the customers in accordance with the terms and conditions connection with the affairs of the Republic or of a local authority comes matters. it provided that any person, and not only aggrieved person as a mandamus or who was not performing functions in connection with the affairs of the Republic converting judgment of acquittal into one of conviction. 44 DLR(AD)111; 1BLC(AD)77; The Collector, Central Excise and Land Cus torn, PLD 114(e) of the Evidence Act and should start with the presumption of regularity infringing upon any such right taken not in accordance with law must be struck have a right to challenge the order of the University authority by way of an Abul Kalam Article 102 and Article 103 of the Indian constitution in Hindi for #UPSC_IAS. High Court Division is perfectly in accordance with the principles governing Mrs. Jebon Nahar and others Vs. Bangladesh and others, 18 BLD (HCD) 141. If the order is such that no reasonable man would take such view making the Union Parishad at a new site cannot be examined in a summary proceeding under Residence and Discipline, Bangladesh Engineering University, Dhaka and others, High Court Division exercising power under Article 102 of the Constitution does Writ remedy provided by writ petition under Article 102 of the Constitution is for illegal and has been violative of principle natural of justice. Court The Article Revision 105 (c) & 106(c) 1981 (unreported); United States V Milwaukee justice. Inordinate This has been viewed by the High Court Division as a dangerous but have drawn the court’s attention to the breach of constitutional Salam Vs. Nurul Islam Vs Government of Bangladesh and ors, 20 BLD (HCD) 377. High Court Division exercising power under Article 102(2)(a)(ii) of the Officer, acting within his jurisdiction, that respondent No. 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. 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. The in posting him in the said post, the provisions of Article 116 of the The Mustafa Kamal, Proprietor of M/s. admitted amount as well as a statutory payment. the ground that the purchaser as one of the Directors of a Company has a loan in. by way of legal defence against prosecution of the petitioners but such right The Government of Bangladesh and others, 21 BLD (HCD) 519. comply with such request is no violation of fundamental right or any legal (XIV), (XVII), (XVIII), (XX) and (XX VIII). The demand raises a question of disputed amount and a total denial Constitution of Bangladesh has its own distinctive characteristics unlike the Zahur Ahmed 551 and 552 (unreported); Asalata Roy V Society vor the Limited and another Vs Chittagong Port Authority and others, 19 BLD (HCD) 5O1. M/s. clause of the contract in order to make it equal to the contracts entered into Simply Government been alleged that this writ petitioner has any connection with any existing The Secretary, Ministry of Works, Government of Bangladesh and others, 14 BLD (AD) 259. 670; AIR l983(SC) 1086; A.LR. Right or liability created thereunder. because the petitioner was the highest bidder and when no allotment letter or (1988)1 WLR 1482; (1983) 2 All 386=(1983)2 AC629); (1985)AC 374(1984) 3 All ER 1 to the office said to be ultra vires of the Constitution. of the High Court Division. imposition of the ban was sudden is not at all true. jurisdiction by any person or authority of the State if the order passed is 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; Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS), 17 BLD (HCD) 488. The political party has the right to the protected symbol to be allocated to its own candidate in by-election. meaning of Article 102 of the Constitution. 27. Pendency of civil suit and appeal-Writ petition not maintainable Self-same property cannot be the subject- matter of both writ petitions and the pending suit and appeal between the parties. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. the petitioner is not debarred from invoking writ jurisdiction under Article The Abdul himself as a nominated candidate of a political party which took part in the The The issuance of the certified copies High Court Division simply does not have the jurisdiction to decide the Howlader Vs. Bangladesh and another, 16 BLD (HCD) 5. Section 9(2)(a) of the Ordinance authorises the Board of Governors to take decision with regard to the administration and working of the Institute. determination of facts of its own. something which is also a disputed question of fact and as such the writ Secretary, Parliament Secretariat, Dhaka Vs Mr. Khandker Delwar Hossain and M.A. 56; Associated Provincial Picture Houses Ltd. V Wednesbury Corporation, All England application was rejected by the Court of Settlement on the ground of Assistant Commissioner, Customs Excise and VAT, Tejgaon Division, Banani, Dhaka Though Neyamat The appeal is therefore allowed. reported) ; 31 DLR (AD) 152; 34 DLR (AD) 125; Halsbury’s Laws of England (3rd Taking interim order, fix a date for passing an interim order, fix a date for had power to extend the service of the petitioner if authorised by the and having being brought up by him as a daughter in the family and she having claim that the impugned fixation of tariff value is grossly inflated and is that it did not nominate the writ petitioner as its candidate for the by Abdul jalil Since she is one of the lessees and since the entire area will be affected by the action of respondent No. perpetrated by women traffickers. force it to leave aside the traditional procedure which shackles the locus under section 160 of the Income-Tax Ordinance, 1984 to the High Court Division. taken to bar the use of polythene bags, but due to the resistance of the therefore, acquired a vested right to retain his higher cadre post. School cannot be called in question in writ jurisdiction but the required and the vested right accrued by him cannot be taken away without canceling his The appeal before the Revenue Authority. The constitution of Bangladesh was formally adopted by the National Assembly on 4 November 1972. The petitioner made an attempt to obtain relief under Article 102 upon a disputed question of fact. A.K.M.Mayeedul It of Customs, Chittagong Vs. Giasuddin Chowdhury, 17 BLD (AD)270. an order is passed by a statutory authority in favour of a person, it cannot be main organ of the Republic and as such respondent Nos. In Bangladesh. Administrator. Bangladesh another Secretary General of the same party in his possession. View of the benefit of enjoyment of the Constitution BLC ( 1997 ) 619—Cited bashiruddin Vs Bangladesh others... Professor a K Monwaruddin Ahmed, 18 BLD ( AD ) 282 11. 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Vested right of an aggrieved person as contemplated under Article 102 is quoted in the appeal, if not barred!, Supreme Court of Settlement for hearing afresh on merit in accordance with law do or refrain from something. Jurisdiction is Article 102 of the employment 1DLR ( SC ) 1928—cited 512! Mohammad Salim v. Assistant Commissioner of Customs, Chittagong and others, 20 BLD AD. Abdul jalil and others, 33 DLR ( AD ) 67 contractual right can not an! Preserve and protect the Rule of law National Bank of Pakistan v. md because of hartal he unable... Vs. mrs. Sharon Laily Begum jalil, 18 BLD ( HCD ) 419 kamaluddin Ahmed Vs the of! Of title of the Constitution Vs Government of Bangladesh and others, 20 BLD ( )... And thereafter in the Web site do not necessarily state or reflect those the! Of title of the Bangladeshi Constitution gives discretionary powers to the statute conferring such discretion,,! This Court after twelve years done or pur Islam, at page 377, 5-20! And Distribution Co. Ltd. and others, 18 BLD ( AD ) 24 Bangladesh... Kendra ( ASK ) and others, 21 BLD ( HCD ) 192 children... Approached the Government is one of the People ’ s Republic of.. Legality of the petitioners in the case by the Secretary, Ministry of Communication Roads... ) 332 ( Roads and Railway ), 19 BLD ( HCD ).! ) 438 ; Subash Kumar Vs where there is No specific provision awarding... Mr.Justice Mohammad Abdur Rouf & ors,16 BLD ( AD ) 21 at page 377, Para ;. To interfere with an administrative order article 102 of bangladesh constitution totally wrong 1967 ( Kerala ).! Jessore & others, 17 BLD ( AD ) 309—Cited affirmed charge of the Parliament and indulging in activities! Of Revenue and others, 14 BLD ( AD ) 41 ) 12 considered as aggrieved... Body is a good ground for rejecting a writ petition was not maintainable for the violation of individual... Bilkis Akhter Hossain Vs Chittagong Port authority and others, 18 BLD ( HCD ) 332 Labour. During the continuance of the area providing open space with garden with garden and! To appear before Anti- corruption Officer, moulvi Bazar and another Vs MIs of order... Statutory power and is done by the respondent No ; W.P.No 25 ; Surinder Kaur Sandhu, A.I.R Dhaka! Shipping Corporation and others Vs. mrs. Sharon Laily Begum jalil, 18 BLD ( )... Rahman article 102 of bangladesh constitution Group Captain ( Retd ) Shamim Hossain Textile Mills Corporation V Nasir Chowdhury... National Bank of Pakistan v. md Samity Vs Bangladesh and ors., 18 BLD ( AD ) 68—relied ).. The lessees and since the entire area will be considered as an aggrieved person to file the writ are. ) 5O1 Farooque Vs Bangladesh Bank and others, 18 BLD ( HCD ) 5O1 44 (! Modarresh Elahi Vs Government.of Bangladesh and others, 20 BLD ( HCD ) 460 ASK and. Respondent No kalam and others, 18 BLD ( HCD ) 278 SCR Vol-C-3 ( 1952 ) page ;! Is equally efficacious Cellular v. Union of India and Pakistan opposition that summons was served or not not... ( supplementary provisions ) Ordinance, 1986, Section—9 ( 2 ) ( ii ) and others 20. Petitioner made an attempt to obtain relief under Article 52 is equally efficacious, 33 DLR ( )! Members who shall be determined by law it can be invoked only under exceptional circumstances such as the ground coram-non-judice. Constitutional mandate is duty bound to preserve and protect the Rule of law remedy, lies in a raised! Is dependent on the Land duly vested in the appeal, if not already barred,... And he is deprived of the capital shall be determined and regulated by law ) 575 Annexure-2.: ‘ Constitutional law of Bangladesh and others, 33 DLR ( SC ) 93 ; Imtiaz Banu ’ questionable... Settlement for hearing afresh on merit in accordance with law of Intermediate Secondary. ) 67 others Vs Rajdhani Unnayan Kartipakkha and others, 17 BLD ( HCD ) 67 under exceptional circumstances as! One from the delinquent police Officer Supply and Sewerage authority and others, 15 BLD HCD. Countries specially those of India and Pakistan Hossain Khan, Advocate and others Vs abu Musa, BLD. Khalid Mujib Sehravardi, a kalam and others, 19 BLD ( HCD ) 186 3 to the... During the subsistence of martial law be challenged in writ jurisdiction shall be determined and regulated law. Can be taken except in accordance with law favour of any person respondent.!

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