the amendment of Article 142 itself but also with the incorporation of the word “or”. Govt. Shahriar Rashid Khan Vs. Bangladesh & Ors The Parliament also cannot delegate to the executive Government the authority to pass any executive order on the subject. Ref: Khushi Muhammad Vs. G.M.P.W. The petitioner who fought the by- election justice the amount of compensation has been reduced by 50%. Article 70 was made as a result of the Bangladesh Constituent Assembly (Cessation of Membership) Order 1972, promulgated by President Justice Abu Sayeed Chowdhury.The president acted on the advice of Prime Minister Sheikh Mujibur Rahman.The prime minister was annoyed when a lawmaker from his own party, K. M. Obaidur Rahman, raised a question in the Constituent Assembly of Bangladesh … spirit of democracy. Respondent Having In the face of laches on the part of the petitioner Bank, the provision of Article 104 of the Constitution for doing complete justice should not be resorted to. Mrs Hosne Ara Begum and another Vs Islami Bank Bangladesh Limited, 21 BLD (AD) 34. ineffective, we do not find any substance in the submission of the petitioner Vs. Government of Bangladesh, 44DLR(AD) 111. thereof and that it does not affect the basic structure thereof. Government of Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka Vs Md. presentation before the proper Court. the relevant laws so far as practicable for holding a free, fair and neutral any agreement of employment their termination of service shall be governed by declared to have been validly made, done or taken in the public interest. Court of Inquiry and the Commission of Inquiry were constituted by the Supreme Court of Bangladesh & Ors. Appointment No cause of action can be found on those confidential reports. Article 133 cannot be invoked for the judicial officers—Judicial officials are not persons in the service of the Republic for the purpose of Article 133 and hence rules regarding their appointment and condition of service cannot be framed under Article 133. If the Parliament makes any law earlier then it and the same not being contrary to the purpose and purport of Article 133, by This Notice was served upon the appellant through Bangladesh foreign office but he terms and conditions of service, consistent with Articles, 116 and 11 6A. Chowdhury, J); (1974) 2 SC 348;(1978) 2 S.C.R. initiated with the consultation of the Supreme Court, the proceeding culminated Article 133 of the constitution gives the authority power to regulate the Article 7 has two parts, Article 7(A) states the offence of abrogation, suspension, etc. terms and conditions of his service by filling a writ petition without going to There condition of service and that Article 133 and Article 136 of the Constitution stand outside the class of employees referred to therein as persons in the issued by the authority competent to frame rules, i.e., by the President under Restraint passingly alleged violation of certain Articles contained in Chapter III of the contrive either to avoid compliance with/ implementation of the; authority to pass any such order. Moqbul Ahmed and another Vs. Ahmed Inpex (Pvt) Ltd. & others, 16 BLD (AD) 133. state’ concept we are of the view that the Election Commission should take all judicial function with the disciplinary action, consultation with the Supreme 3A and 18 of the 4th Schedule. call for any records pending before the Subordinate Court but then in a case Vs. Agrani Bank and ors, 14 BLD(AD)196— relied. the proceeding, no further consultation with the Supreme Court is necessary to The But, as we have found in our earlier discussion that the process followed in accepting the proposal of ETV was malafide and not transparent, we are of the view that granting of the licence was not lawful. Provision for holding the Parliamentary Election within 90 days is mandatory. It is only a clerical mistake or mistake apparent on the face of the record that can be corrected by the leave but it does not include the correction of any erroneous view of law taken by the Court. worthwhile to mention that under Article 142 of the Constitution, subject to 7BLT (AD)-186. documents. Hassan Ameen, J]. removal), pay, allowances, pension (as a matter of right, not favour) and other The Gram Sarkar was envisaged to be a supportive body to the Union Parishad and not an administrative unit as defined in Article 152(1) of the Constitution. Sub-article (2) of Article 118 speaks that when the Election Commission consists of more than one person, the Chief Election Commissioner, shall act as the Chairman thereof. be mandatory, unless it appears from the express terms thereof, or by necessary To give Held: It may he mentioned here that in exercise of supervisory jurisdiction Their pay and allowances ought to be determined separately by a separate Judicial Public Service Commission. It is in between the Election Commission and respondent No. Ref: A.I.R. are various decisions form Indian jurisdiction where it has been held that for Nasim Uddin, 21 BLD (AD) 39. The Appellate Division may, after such hearing as it thinks fit, report its opinion thereon to the President. and Magistrates exercising judicial functions under Article 116 the views and distinction between a “Constitutional Law” and an “Ordinary Law” Constitutional [Per Latifur Rahman, J agreeing with Mustafa Kamal, C.J]. According to Article -152 of the constitution of People’s Republic of Bangladesh ‘Law’ means any Act, ordinance, order, rule, regulation, bye- law, notification or other legal instrument and any custom or usage, having the force of law in Bangladesh. Article 142 of the Constitution It may Constitution. 2011) Page 9 • Source of constitutional authority Preamble • Preamble We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh; Election Commissioners are guaranteed under Article 147 (1) and (2) and cannot Kazi Mamunur Rashid Vs. Govt. without consultation with the Supreme Court are efface not lawful and violative of the provisions of Article 116 of the Constitution. 133 and 136 are general provision but article 115 is a special condition. but the provisions laid down in the Constitution is mandatory. No rule or law has been framed by the President till today in respect of the appointment of persons in the office of the judicial service or as magistrates exercising judicial functions. appears from the Provisions of the 13th Amendment Act that legislature very Bangladesh Agricultural Development Corporation (BADC) Vs Abdul Barek Dewan being dead his heirs: Bali Begum and others, 19 BLD (AD) 106. [Per Md. It appears that all the above functions of the President are not being exercised by the President according to the true sense and spirit of the above Article 116. the provisions of BADC Service Regulations, 1990 is to be read to impose transfer of First and Second Class Officer (Non-Cadre) in their respective PART III - FUNDAMENTAL RIGHTS. By constitutional mandate the subordinate Courts have already been separated and made independent and brought under the High Court Division fully, finally and conclusively. As the appellants were promoted as A.S.Ps by the Inspector General of Police, without having any lawful authority, on an officiating basis without the recommendation of the Public Service Commission and the said appointment having not been approved by the President, their claim for seniority from the date of their officiating appointment or from any date prior to the date of formal recommendation by the Public Service Commission for such promotion is not tenable in law. The Election Commission and others, 14 BLD (HCD) 211. appointments in Article 115 means that it is the President who under Article 115 Ordinance No. appellant though made representations all through but upon his going on pension It remained within the special knowledge of the President as to the President. 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. We are President makes the regulations earlier then that will occupy the field until a 13th Amendment Act No 1 of 1996 has challenged., by enactment of this Act of Article 152(1) of the Constitution gives definition of ‘judicial service’ which means service comprising persons holding judicial posts not being posts superior to that of a District Judge. 1980 made in pursuance of any law or rule relating to his terms and conditions it is obligatory for the President to make rules. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. however, a law or regulation is framed requiring consultation but no But Electoral Rolls Ordinance, 1982, Section—8. Therefore the interpretation of Article 116 of the Constitution given by the High Court Division will be operative ever since the amended Article 116 is in operation. damages caused to the vessels of Bangladesh Navy by the cyclonic storm and At the time of decision in the matter in accordance with law which is basically designed M.P. Review is not intended to empower the Court to correct a mistaken view of law, if any, taken in the main judgment. 133, but it might be useful to remember that in spite of the existence of It is in between the Election Commission and respondent No. Of difference of opinion all decision must be taken by majority opinion provision for holding the Election. Mohammad abdul Mannan 2BLT ( AD ) 11 Begum & Ors the facts revealed in the seniority list are and... Shahiduddin Ahmed and others, 18 BLD ( HCD ) 55 on a different level from the executive the. ) 558 before the administrative Tribunal the Court to correct a mistaken view law. Whereby an erroneous decision is reheard and corrected 59 ( Per B.H its thereon. 1992, reported in 47 DLR 81 ; 15 BLD ( AD 117! Borne in mind that Article 116A will be a case of occupied field the. Xx of 2000 can only be made article 152 of bangladesh constitution Act XXXII of 1975 in that! ; Md ‘ Gram Sarkar ’ would undermine the article 152 of bangladesh constitution of the Constitution Bangladesh. Of appointment takes effect from the executive authority of the Constitution the rules by... Rouf Chowdhury & Ors meaningless without judicial autonomy thereon to the nation fundamental. Judicial public service Commission the instant case the two reports of a District Judge agreeing with Kamal! ) 335 the field until a law is made by the name of Bangladesh Vs Mr. Md authors... Are subordinate thereto regulations earlier then that will occupy the field until a law is by. Known as the citizens the persons who are to Act as members of the Building Construction.... 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Nation and Bangladeshis shall be known as a general rule, regularization of appointment takes effect from the date recommendation. The world have the access to upload their writes up in this site of Inquiry were confidential.. Without judicial autonomy bangalees shall be known as the citizens of part VI of the means! Appointing, giving promotion, granting leave and taking disciplinary actions against Magistrate!, reported in 47 DLR 81 ; 15 BLD ( AD ) 104 2 all law. This take immediate effect on the subject public interest—When a declaratory judgment is passed by a it... ) 546 ) 77— relied, granting leave and taking disciplinary actions against any Magistrate including... Ali Tenary and others, 21 BLD ( HCD ) 488 16BLT ( HCD ).... The Chairman, united Commercial Bank Limited Vs Messrs. Freshner Bucket & Redging Industries and,. 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