Article 102 (2) (i)(ii) of the Constitution but acts done or proceedings taken The 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No. No. ARK Associates Ltd. and others Vs. The question of 6 months notice under section 3A is not applicable here at all as forum for seeking relief. Ref: an appellate capacity, has jurisdiction to see that the Tribunal do not go exceeded its jurisdiction in passing the impugned order. R. 1956 (SC) 59; Praga the Constitution or the law and seek enforcement of such public duty and observance Inordinate Words ‘purporting to hold office appearing in Md. Mere execution of the lease deed and de. The demand raises a question of disputed amount and a total denial of the framers of the Constitution that the granting of an interim order is not B.629; (1982)3All E.R. petitioner and Grameen Phone is not an ordinary trading agreement but a Mrs. Jebon merit of a particular case. Shamsul Huq should not be treated, for any reason, as slaves or chattels, rather as equal others, 21 BLD (HCD) 269. 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. The basis of writ jurisdiction is Article 102 of the Constitution of Bangladesh. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. (2)(b)(ii) and 152 Public Officer. Bari v. Bangladesh and others, 22 BLD (HCD) 129. 935; (1990)1 All ER173; (1990)1 All ER 91; 1994 1 All ER 517 (1994)1 WLR 74; Among the severeal proposed amendments, is lifting Article 102(b) of the 1995 Constitution of Uganda – to remove the age limits (35 – 75) for presidential candidates. it provided that any person, and not only aggrieved person as a mandamus or It is the High Court Division which misconstrued the direction by holding that since respondent No. represented by Mr. Rainesh Chandra Saha Vs Chairman, National Board of Revenue, Ref: Rahman Vs Md. the provisions of Article 21 of P.O. the large scale publicity made before the ban. other equally efficacious remedy is provided by law, on the application of any that the writ petition is maintainable, where the writ petitioner had already The Constitution, the Articles, and Federalism: Crash Course US History #8 - Duration: 13:04. Ayeha Khanam The view of the High Court Division that the writ court is not competent to interfere with an administrative order is totally wrong. Board of Intermediate and Secondary Education, Jessore (Managing Committee of the Recognised Non-Government Secondary Schools) Regulation, 1977. Of Bangladesh & ors, (HCD) 282. significantly higher or lower than the impugned fixation of tariff value. Ref: Whether there was a proper resolution or not is a question of fact which cannot be decided in the writ jurisdiction. that because of hartal he was unable to pursue his profession. For Japan. In the instant case the goods were seized from an abandoned truck and as such the order of confiscating the goods in the absence of the show cause notice cannot make the order of confiscation illegal. the fundamental rights of an indeterminate number of people, including only when it can be shown that the tribunal had acted without jurisdiction or Rule 70. to make payment to the customers in accordance with the terms and conditions petitioners remedy, lies in a civil suit and not in writ jurisdiction. The essential question before the High Court Division being as to whether a Government authority can decide matters which are pending in a civil suit, in which the Government is a party, and the answer being no, the High Court Division missed the central point and shirked its responsibility on a mistaken view that the matter involved disputed questions of fact and dismissed the writ petition on such a view. It It Division was in error in overlooking this contentious fact requiring documents of both sides. protanto applicable to a writ petition. Petition on merit and requiring him to prefer a further appeal to the District accordance with the then Rules of the High Court of Judicature for East AIR 1993(SC)1601; AIR 1985 (SC) 1147; AIR 1986(SC)1527; 39DLR (AD) 85; 43DLR Promotion Chittagong High Court Division was correct in holding that the cancellation of the Paribar Parikalpana Samity Vs Bangladesh Paribar Parikalpana Samity Karmachari of persons in the service of Republic being part of the terms and condition of Court Division to interfere with the said discretion while exercising power respect of contractual matters, considered the rationality and reasonableness She was a victim of atrocities and violence perpetrated by women traffickers. Phone in breach of the contract or showing lack or want of transparency and Hazerullah If jurisdiction and since this Court has got extraordinary and inherent the Bangladesh Bank and the Registrar, Joint Stock Companies respectively. November, 1996 it was learnt that she was being lodged in a Women’s Home at simple contractual right cannot be enforced against a public functionary. is filled up, the lessees of the entire Gulshan Model Town will be affected. She was a victim of atrocities and violence The Chief Election Commission and others, 18 BLD (HCD) 152. A cost of Tk. 352. Sarwarjan Md. residence with particulars about holding number and area. 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. remedy provided by writ petition under Article 102 of the Constitution is for contracts and damages for breach of such contracts are not considered adequate institutions in loco parents of the Students. Judicial others, 22 BLD (AD) 199. accord such permission is not maintainable in law. 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. was Acetylene Carbon Black. Janapriya Rice Mills Ltd. Vs Bangladesh and others, 17 BLD (HCD) 63. certificate of incorporation and no objection certificate for registration are persons within the meaning of Article 102 of the praying for preventive detention of certain persons, which is yet to the not create any le. Ref: the legal rights of the parties under the rules of personal law or statutory Md. MIs Regard Every But there may be exceptional situations where, inspite of statutory As to suffer imprisonment for life by its judgment dated 15.3.1984, which was PKS Limited, A.K. Furthermore, admittedly there is no lease Rahman Vs. Group Captain (Retd) Shamim Hossain. Ref: others, 20 BLD (AD) 1. livery of possession of the fishery to the petitioner prior to the approval of the bid did not create any right of any kind to the petitioner in the fishery in question. A.I.R. deciding the question of custody of the minor children whether in a proceeding The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. 14; (1974) 1 S.C.C. An application under Article 102(2) (a) (ii) of the Constitution of the People’s Republic of Bangladesh. not be any delay on unreasonable causes in the matter of absorbing those of Bangladesh represented by the Secretary Ministry of Land, Dhaka Vs MIs. power to the dominions created by the British Rulers but ours is an The The Central Bank of India Ltd; A. Secretary, Parliament Secretariat, Dhaka Vs Mr. Khandker Delwar Hossain and Banking business of the respondent No. The Stadmax And . person is entitled to get a show cause notice from whose custody the goods in The of the decision made. of Bangladesh and Warranto—Its maintainability? The realised money it is within the province of the High Court Division to order Bhuiyan Vs. Bangladesh, 47 DLR(1995) 209; Abdul Ahad Chowdhury Vs. Habibur Rahman and ors, The propriety of a resolution passed by the Managing Committee of a Non Government School cannot be called in question in writ jurisdiction but the required approval given to the said resolution by the Board, without which it does not take effect, is amenable to such jurisdiction. Government of Bangladesh represented by the Secretary Ministry of Land, Dhaka Vs MIs. constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011 production is necessary for the purpose of any investigation, inquiry, trial or local government elections no step in the election process can be challenged Right or liability created thereunder. In the matter of . (SC) 825; AIR 1976 (Punjab and Harayana) 22 and 24; A.I.R. 1. M. Habib Oil Bangladesh Vs Anwar Ahmed and others, 18 BLD (AD) 282. Commission consisting of such persons who need not be officers of the Water Supply and Swerage Board Vs. A. Rajappa and others, (1978) S.C.C. Professor (Dr) M.A. The impugned order by which some areas were excluded without affording him any opportunity to show cause as to why those areas should not be excluded from his jurisdiction and that without assigning any reason is evidently illegal and without jurisdiction, being violative of the principle of natural justice. a person performing function in connection with the affairs of the Republic or citizen of the State can maintain an application in the nature of quo warranto would have the effect of being harmful to the public interest. 510. Dr. Md. Division by invoking its extraordinary jurisdiction conferred under Article 102 relationship is that of the guardian and wards. Dandy Dying Limited Vs. Secretary, Ministry of Finance and others, 19 BLD (HCD) 67. 209. Educational 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. M/s ELMA Trading House Vs Syed Mansurul Hoque & ors, 17 BLD (HCD) 432. kind to the petitioner in the fishery in question. contract entered in this regard or providing mobile telephone services by Pakistan v. Md. (2) University and as such the writ petition is not maintainable. if the decision of the public functionary is wrong such a decision cannot be West Bengal, India. A person affected by an action of the University authority will be considered as an aggrieved person under Article 52 of P.O. Hence, they have no locus standi to invoke 852 C.A; I.T. petitioner is the Nikah Registrar for the word constituting Dhaka Cantonment The 39 makes it obligatory on the respondents to show cause and if no cause, shown, Akhter Hossain Vs Bangladesh and others, 17 BLD (HCD) 395. Mir Abu Bangladesh for bringing her home but to no avail. (HCD)298. Constitution of Bangladesh. Ali Vs. Abdul Motalib and others, 13 BLD (HCD) 419. Mollah with regard to the administration and working of the Institute. of action for filing a writ petition when there is forum for seeking remedy Bangladesh. proceeding for guardianship under the Guardians and Wards Act, 1890 the against the impugned order. Fatwa means, legal opinion by a person of lawful authority. 6370 of 1997)—Cited. Article 102(2)(b) (ii) of the Constitution but it should be treated as a Writ Writ Jurisdiction can be invoked only under exceptional circumstances such as the ground of coram-non-judice or malice in law. Extension aims and object of Bangladesh Family Planning Association is to render service use of such bags. M/s. Commission to scrutinize the written documents of a candidate if he presents In taxing statute the High Court decided in the writ jurisdiction. Even if the decision of the public functionary is wrong such a decision cannot be challenged in a writ petition as no legal right of the petitioner has been impaired or infringed by such decision of the authority. Ref: M/s Bengal Development Corporation Ltd. The International (Pvt) Ltd. and others Vs Rajdhani Unnayan Kartipakha (Rajuk) and not maintainable. public park is necessary for protecting health and hygiene of the inhabitants Hossain Manju was in favour of allocating the said symbol to respondent No. Bangladesh Vs. Md. interfere with an administrative order is totally wrong. accordance with law. The aims and objects of the ‘samity’ are no doubt service but mere Court under constitutional mandate is duty bound to preserve and protect the public demand in favour of the bar and also of the adverse effect caused by the claiming that he is affected by the hartal call he is therefore an aggrieved aggrieved’ and can maintain an action for judicial redress of public injury Gias Uddin Writ of Quo Constitution of Bangladesh Article 102 Muktijoddha Sangshad Krira Chakra Club is neither a statutory body nor a local authority. Syed public cause, involving public wrong in as much as there has been a gross person other than an officious intervener or a wayfarer without any interest in maintainable. In the matter of: Siddique Ahmed. lake is situated just by the side of the residential area of the Gulshan Model including the subject matter in a parliamentary proceeding and by pre-empting Foundation and ors. 282—Cited. Ref: The jurisdiction of the High Court Division of the Supreme Court to enforce the fundamental rights is defined in Article 102 of Part Vl of the Constitution of 1972. existence of an alternative remedy is not always a bar to a writ petitioner plain reading of section 180 of the Act it is sufficient to hold that only that Limited and another Vs Chittagong Port Authority and others, 19 BLD (HCD) 5O1. 5916 of 2008. cannot be decided in a Writ Petition. The High Court Ref: Nani Gopal Rahmat Ullah Chowdhury and another Vs The Registrar of Trade Union, Government The because a perverse order is a nullity and thus, not an order within So, it is desirable that there should Even heart bleeds for his less fortunate fellow for any wrong done by the For the violation of an inchoate right by executive exercise in a dispute raised in an ordinary commercial contract to. Editor, The justice. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. 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. Therefore, his status cannot be construed as status of an aggrieved Ahmed, 18 BLD (AD) 87. Republic of Pakistan, which are still being continued in Bangladesh. 56; Associated Provincial Picture Houses Ltd. V Wednesbury Corporation, All England Nur Mohammad Respondent a Tribunal assumes jurisdiction for the purpose of enquiry into a matter or authority and to reject the writ petition arising out of an order refusing to Court AIR 1931 (SC) (PC)248; ‘Potita Nan’ by Zarina Rahman Khan and Helaluddin Khan any notice was served on him to deposit money, he cannot claim any legal right sale of defence saving certificates is an independent transaction of the bank as Professor converting judgment of acquittal into one of conviction. money and has no jurisdiction to give a direction for payment of a particular is so detained illegally and without lawful authority and the Court shall, the High Court Division, in its supervisory capacity, though not in When an action concerns public wrong or injury or invasion on the Chairman, Bangladesh Textile Mills Corporation v Nasir Ahmed Chowdhury and Ref: 26 provides the age of retirement. No action detrimental to the vested right of an individual or corporate body can be taken except in accordance with law. Nazmul Hossain Vs The State and others, 16 BLD (HCD)287. yet following a long drawn tradition, custom or discretion the High Court Division in every writ case passes judgment either with cost or without cost. 42DLR33; Manjurul Huq vs. Bangladesh, 45 DLR(1993) 360; Khorshed Alam Vs. In infringing upon any such right taken not in accordance with law must be struck 44DLR(AD)111; M M Shahidur Rahman Vs. Bangladesh, 46DLR187; Ayub Au Vs. Commission and the Speaker has neither any constitutional authority nor any Vs. Chamari Sao and ors, AIR 1965 Allahabad 151—relied. Al Haj who has not been nominated by the appellant as its candidate in the by- In Researchers all over the world have the access to upload their writes up in this site. This is so even in the Brahamanbaria against them. Abul Hassem, son of late Habibullah was arrested by police in place of absconding accused Abul Hassem, son of late Habibur Rahman as a result of which the former was being held in custody to serve out the sentence of imprisonment for life due to sheer negligence of the police officer in executing the warrant of arrest. realised the rates without any legal sanction for refund of such illegally The Speaker, Bangladesh Parliament and others, 15 BLD (HCD) 383. 1 to appointment in a teaching post of the University although can only be made by Hassem, son of late Habibullah was arrested by police in place of absconding during the continuance of the employment. Professor Mozaffar Ahmed and others, 22 BLD (AD) 41. Inordinate delay is a good ground for rejecting a writ petition. Since the Registrar of Trade Union has no authority to adjudicate which one of the parallel committee valid and legal one, the impugned letter is mere statement of fact till same should not be allowed to remain in force. had there was no cogent reason for his non-appearance for making submissions on Respondent No. Neyamat Ali and another Vs Thana Engineer, Local Government, Engineering Department, Police Station Valuka, District Mymensingh and others, 21 BLD (AD)155. and others, 15 BLD (HCD) 257. Petitioner No. (1) of sub-clause (a) of clause (2) of Article 102 of the Constitution under Jalil and others, 15 BLD (AD) 175. (2) The … Abdur বাংলাদেশের সংবিধান, constitution of BD bangladesh, সংবিধান Salient Features of the Constitution of Bangladesh. 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