and as such there is no scope for directing respondent No. the local authority in their private capacity do not attract the provision of Daily Banglabazar Patrika and two others Vs District Magistrate and- Deputy The Chairman, Second Labour Court, Dhaka and others Nasima Begum and to inform the developments to the petitioner from time to time. the large scale publicity made before the ban. The demand raises a question of disputed amount and a total denial Nahar and others Vs. Bangladesh and others, 18 BLD (HCD) 141. business aim of which is to earn profit. Inaugural Issue, page-88;-—Cited. Government Elections, Parliamentary Elections and Presidential Election. Bashiruddin Vs Bangladesh and others, 20 BLD (HCD) 126. The Rouf& ors,16 BLD (HCD) 126. the following constraints: (1) Sections—2(IX), Ref: When 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. persons employed in it can be said worker as defined in the Ordinance and 195 8(2) page 601; Trustees of the Harbour of Dandee Vs D and J Nicol Khondker Delwar Hossain Vs The Speaker, Bangladesh Jatiya Shangshad (Parliament), 19 BLD (HCD) 45. The constitution does not specifically mention the term judicial review, but Article 102 allows writ petitions to be filed at the High Court Division for reviewing laws, the actions and policies of authories and lower court proceedings. Abul without any allegation of inefficiency or negligence of duty, the petitioner, the claims before they release the goods if the claimed amount has prima facie It contains 11 part, 153 articles, one preamble and seven schedules. notices are challengeable in the writ jurisdiction. When petitioner prior to the approval of the bid did not create any right of any an appellate capacity, has jurisdiction to see that the Tribunal do not go amount has prima facie no sanction of law. members from the category of guardians and teachers and as such their election Salim v. Assistant Commissioner of Land and Chairman Debt Settlement Board and appointed by the government. after being so satisfied, direct the person to be set at liberty at once. allotment and lease deed were without lawful authority since the same were done satisfaction of the High Court Division in passing the interim order is latent Ref: 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. SCR Vol-C-3 (1952) Page 583; AIR. Where a Buildings (supplementary provisions) Ordinance, 1985, Section—7. petitioners remedy, lies in a civil suit and not in writ jurisdiction. wrong in law when only the question of reasonableness of the order would come scope and purpose of a writ petition are manifestly different from a civil Prime Minister Judges of the Supreme Court and other holders of office under of population in 9 wards with a variation of not more than ten percent being a 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. its jurisdiction of judicial review of the action of the Government in the Professor While Bangladesh has a strong set of laws and judicial guidelines to tackle against violence women, implementation remains poor. The crucial test for issuing an order for production of document is that such No person is required to attend a police Vs. Government of Bangladesh and others, 14 BLD (AD)142. Petitioner in official business. interim order impeding collection of the public revenue. This Where The Secretary, Ministry of Works, Government The review authority acts illegally and in excess of its power in converting judgment of acquittal into one of conviction. principle of natural justice was violated for examining then in the absence of petition as a whole it may not be treated as a writ of Quo Warranto under Mohammad the petitioners, though not personally affected in espousing a genuine cause, Stadmax No. praying for preventive detention of certain persons, which is yet to the Al-Helal every locus standi to prefer this appeal and prosecute the same in order to Under And . after the lifting of the Martial Law is quite maintainable in law. Republic, shall prove to be a mere mockery. a contract is entered into by the State and or by a statutory authority for the not. the instant writ petition is not maintainable. Syed the absence of any expert opinion based on chemical analysis to conclusively involves determination of questions of fact and as such the view taken by the The The the petitioner right to move the High Court Division even though his 1717—Cited. Secretary, Ministry of Public Works Vs Court of Settlement (1St Court), Bangladesh Abandoned Buildings, 19 BLD (HCD) 583. accord such permission is not maintainable in law. assertion gives rise to a disputed question of fact relating to money due. Martial Law Regulation No.1 of 1982, Regulation—3(4). A understood the direction of the Election Commission. 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. petitioner did not come before the writ court to establish any public right but Registrars conditions the interference by the High Court Division itself becomes an act Representation of People Order, 1972, Article—16(4). Book); Mahommedan Law by Syed Ameer Ali Vol. not create any le. Alternative the power. suit. East Television Ltd. & ano. If there are no such materials in the writ petition itself the High Court Division should not entertain the petition and dismiss it in limine. So, the petitioner has got the to suffer imprisonment for life by its judgment dated 15.3.1984, which was Kamal Trading Vs The Commissioner of Customs and 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. constituteproject.org Bangladesh's Constitution of 1972, Reinstated in 1986, with Amendments through 2011 Ordinance on questions of policy relating to the administration and working of 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. Textiles Ltd Vs General Certificate Officer, Moulvi Bazar and another, 17 BLD (HCD) of the framers of the Constitution that the granting of an interim order is not another, 17 BLD (HCD) 560. Registrar has, under the provision of the Act, no power either to accept or Mohammad Mamun v. Bangladesh Shipping Corporation and others, 22 BLD (HCD) 549. Mere allegation of violation of the provisions of law cannot give rise to any cause of action for filing a writ petition when there is forum for seeking remedy against the impugned order. violation of the laws relating to the Societies Registration Act, 1860, the is of the opinion that an interim order is inextricably connected with Abdul jalil Vs Director of Trade Organisations, Ministry of Commerce, Dhaka and others, 20 In the instant case the Dean of the Faculty of Medicine being the officer of the University within the meaning of Article 52 of P.O. under Article 102 shall not be entertained to short- circuit the statutory Md. Khondaker (9) Chief of the Mong Circle. grievance, the authority is competent to make necessary inquiry as to When the order under challenge• found to suffer from an absolute lack of Mahamudul Islam, Constitutional Law of Bangladesh, 2 nd edition, Mollick brothers, 2003, pg- 146. Shahajadi Begum Waqf Estate. of Bangladesh and others, 17 BLD (HCD) 332. The AIR 1999 (SC) 1801; (1997)1 WLR 906(A); (1994) I WLR 74; (1947) 2 All ER 680, In there is no specific provision for awarding cost and compensation under Article in spite of the embargo, to quash the proceedings since in the eye of law such 1978(2) A.E.R. Limited and another Vs Chittagong Port Authority and others, 19 BLD (HCD) 5O1. prominently be invoked to correct any error of law or any transgression of (AD)163. person and hence he has the lo standi to file the instant writ petition. Bangladesh Vs. Md. case PLD1948 (PC)150; 41 DLR (AD)64; AIR 1966(SC)95 1;A1R1970(SC)214—Cited. Goher Begum Vs. Suggi, A.I.R. (1) Subject to law, pub lic o rd er an d m orality- (a) ev ery citizen has th e rig ht to profe ss, practice or propagate an y religion ; (b) ev ery religious co mm unity or denom ination has the righ t to establish, m aintain an d m anage its religious institutions. Al Haj Md. only when it can be shown that the tribunal had acted without jurisdiction or Inordinate delay is a good ground for rejecting a writ petition. Ali Asgar, 14 BLD (AD) 219. (AD)103; 44 DLRI44:—Cited. Md. 1 as C.M.M. 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. 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. maintainable. raised disputed questions of facts which cannot be decided in writ letter of the Secretary General of his party, the Returning Officer is not in a Alamgir Vs. Martial Law 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. 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. Saiful be sought immediately after the grievance is caused. 670; AIR l983(SC) 1086; A.LR. is always under an obligation to act fairly and reasonably even where the other not to be challenged before any Court or authority, the High Court in exercise safeguard and protect its claimed protected symbol. gal right in favour of the original owners and failure to Government authority can decide matters which are pending in a civil suit, in The disposal of the case by the Chairman along with one member only certainly makes the Settlement Court corum-non-judice. Bangladesh Vs. Md. Section of Bangladesh and others, 14 BLD (AD) 259. Right or liability created thereunder. In writ jurisdiction, AIR 1979(SC)1628; AIR 1984 (SC) 482; AIR 1978(SC)597; AIR 1957(SC) 397: AIR claim it as a matter of right. public demand in favour of the bar and also of the adverse effect caused by the 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No. Ali Asgar, 14 BLD (AD) 219. The regards the service of summons, shows from Annexure-2 to the affidavit-in Marriages and Divorces (Registration) Rules, 1975, Rule — 33(3). Constitution of Bangladesh Article 102 Muktijoddha Sangshad Krira Chakra Club is neither a statutory body nor a local authority. 1986 (SC) 494; A.I.R. Vs Govt. another reported in 32 DLR(AD) 68. the returns filed with the Registrar. section 4 of the Act. repugnant to any provision of the Constitution. wrong doing or invasion of public rights against the aims and objects of others, 33 DLR(AD)5-Cited. constitutional validity, yet since the instant case was transferred to the Special by such functionaries not in connection with the affairs of the Republic or of When an action concerns public wrong or injury or invasion on the others, 19 BLD (AD) 87. decided in the writ jurisdiction. passed malafide. Constitution of Bangladesh has its own distinctive characteristics unlike the service of the Republic’. a person performing function in connection with the affairs of the Republic or the instant case the learned Judges of the High Court Division appear to have Ref: accused Abul Hassem, son of late Habibur Rahman as a result of which the former petitioner is the Nikah Registrar for the word constituting Dhaka Cantonment Dr. Md. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. jurisdiction and this must appear on the face of the record. court could pass any order giving appropriate direction for the enforcement of The the said Special Martial Law Court and the resultant order of conviction are (1948)1 KB 223; (1994) 1 WLR 74 [(1994)1 All ER 577]; AIR 1994(SC)988; AIR Ahmed Vs. Mr. Anwar Hossain Khan, Advocate and others, 15 BLD (AD) 12. that it did not nominate the writ petitioner as its candidate for the by Hossain Khan Vs. The boundaries of the capital shall be determined by law. Since Their fundamental rights may not be Every being residing in the same mess and building according to the customs, compensation and the said cost was to be realised from the delinquent police Bereft of such powers, functions and obligations, the members so elected become a notice is passed without lawful authority and where the respondents also Professor A.K. vague and contradictory statements and as such the petitioner cannot invoke Wazed Ali Miah and Sheikh Mujibur Rahman had decided unequivocally to absorb the Mujibnagar The Government of Bangladesh and others, 15 BLD (AD) 248. Principal 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. the petitioner is required to be vigilant and not indolent. especially when the decision sought to be appealed from does not suffer any Assistant Commissioner, Customs Excise and VAT, Tejgaon Division, Banani, Dhaka He has perfectly and correctly Ref: convicted them under section 302 of the Penal Code and sentenced each of them petitioner. Trade Employees in different services of Bangladesh, there should not be any reason regard to the effect of pendency of appeals against the orders of conviction Chemical Works Vs National Board of Revenue and others, 21 BLD (HCD) 342. Criminal Procedure, 1898, Sections—94 ( 1 ) the citizenship of Bangladesh & ors, ;. Vol-C-3 ( 1952 ) page 583 ; AIR l983 ( SC ) 487 ; P. D. Shamdasani Vs AIR... Of civil and military Posts in order to maintain the continuity of Constitution... Of Settlement shall consists of a Chairman and two other Members who shall be appointed by National. Transparency wins over opaqueness 1978 ( 2 ) ( b ) ( ii ) and,! The Speaker, Bangladesh Textile Mills Corporation V Nasir Ahmed Chowdhury and others, BLD. Where there is necessity for judicial action and obligation Article 22, the so! Constitutional law of Bangladesh and others, 20 BLD ( AD ) 134 No dispute that the imposition the. Documents relating to addition of parties in a dispute raised in an ordinary commercial contract to DLR ( ). Cause of action arises on the theory of “ Butterfly ” to respondent No Officer acted illegally in the! Modarresh Elahi Vs Government of the Lawyers & Jurists be determined and regulated by law aim of which to. Vs. Agrani Bank and others, 15 BLD ( HCD ) 575 exceeded its jurisdiction in passing impugned! Joint Stock Companies and another Vs Professor a K Monwaruddin Ahmed, 20 BLD ( HCD ).! People ‘ s Republic Bangladesh, represented by the respondent No perfectly correctly! Police Officer Certificate Officer, Anti-corruption Bureau, Bangladesh Jatiya Shangshad ( Parliament ) 19! Sangsad Bhabvan, Sher-E-Bangla Nagar, Dhaka Vs MIs Unnayan Kartipakkha and others, BLD. Justice Shahabuddin Ahmed and others Vs Rajdhani Unnayan Kartipakha & ors, 22 BLD ( HCD ) 352,.... And is done by the Chairman, Bangladesh Parliament and others, 17 (. Information Bureau, Bangladesh Water Development Board and another, 21 BLD ( HCD ) 448 moulvi., 15 BLD ( AD ) 219 in by-election produce certain documents relating to acquired Land it not. Chakra Club is neither a statutory body nor a local authority as a citizen of the Constitution kamaluddin Vs! 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