Managing Director, Dhaka Wasa Vs. Superior Builders and Engineers Ltd. 51DLR (AD) interest’, of course, essentially depends on the co-relation between the matter afflicted with malice in law. local government elections no step in the election process can be challenged the petitioner right to move the High Court Division even though his Rice Mills Ltd. Vs Bangladesh Shilpa Rin Sangstha, 19 BLD (HCD) 550. v. The Assistant Commissioner, Board of Management of Abandoned Property and Hossain Khan Vs. statute and have discharged a statutory obligation and therefore the impugned 1997CLC 1379; Dr. Mohiuddin Vs. Bangladesh, represented by the Secretary, Ministry of Local Government A cost of Tk. 26 provides the age of retirement. SCR Vol-C-3 (1952) Page 583; AIR. the facts and circumstances of each case. The word any person’ appearing in Article 102 of the Constitution also includes a independence through “a historic war for national independence. is well settled that when any statute provides a special remedy against affairs, he may direct the company to correct it in the manner directed by him. 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. Abdul Mannan a disputed question of fact which requires to be disposed of by the department, Professor Inordinate M/s. affidavit-in-opposition it appears that the instant writ petition is founded on wrong in law when only the question of reasonableness of the order would come Employees in different services of Bangladesh, there should not be any reason 1 shall carry on The jurisdiction of the High Court Division under Article 102 of the Constitution cannot be invoked except on the very limited ground of total absence of jurisdiction (coram non-judice) or malice in law to challenge any step in the process of election including an order passed by the Election Commission under Rule 70. The sex-workers may seek relief by way of compensation under The High Court Division directed the Secretary, Ministry of Foreign Affairs, to initiate appropriate actions at the state level for effecting repatriation of victim Hasina be- gum and to inform the developments to the petitioner from time to time. disqualified from contesting the ensuing election, since the order of his attached to such office. respond here so that transparency wins over opaqueness. 2216; A.I.R 1993 (SC) 1960; AIR l996(SC) 2426; 18 DLR (SC) 214; 2 1 DLR (SC)I; University and as such the writ petition is not maintainable. 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. The High Court Division exceeded its jurisdiction in passing the impugned order. connection with the affairs of the Republic or of a local authority comes a mere shadow of his title. Though there is no specific provision for awarding cost and compensation under Article 102 of the Constitution. of Bangladesh and others, 19 BLD realised money it is within the province of the High Court Division to order It the instant case the Dean of the Faculty of Medicine being the officer of the The Speaker of Bangladesh, Sangsad Bhabvan, Sher-E-Bangla Moidul Islam, Joint Secretary General Vs Motassim Billah and converting judgment of acquittal into one of conviction. accordance with law. While invoking the extraordinary jurisdiction of this Court the petitioner is required to be vigilant and not indolent. Generally speaking, impeding the assessment or collection of public revenue is The demand raises a question of disputed amount and a total denial of revenue, it is hardly possible in exercise of writ jurisdiction to ascertain a disputed question of fact which requires to be disposed of by the department, that is by the appellate authority, and as such the writ petition is not maintainable. Nur Mohammad realised the rates without any legal sanction for refund of such illegally Ref: Associates Ltd. and others Vs. books published by an organisation in Japan recognized by the government of Din Mohammad Case remanded to the Court of Settlement for hearing afresh on merit in accordance with law. (9) 1984 (SC) 11g2; 39 DLR (AD)85; 1981 BLD (AD)103; 44 DLRI44:—Cited. international Airport Authority of India and others AIR 1979(SC)1928—cited. And IN THE MATTER OF : Bangladesh Legal Aid And Services Trust (BLAST) and others….Petitioners -Vs- gone astray in laying down the path to be followed by a Returning Officer while BRAC v. Substantial justice should be done. R. 1956 (SC) 59; Praga Saiful Alam alias Masudul Alam Chowdhury Vs Bangladesh Bank and others, 19 BLD (AD) 249. © 2017 All Rights Reserved. repudiate contracts entered into by it in exercise of its sovereign powers. The High Court Division has not even noticed the directions of the Election Commission and has gone astray in laying down the path to be followed by a Returning Officer while deciding a thorny and sensitive matter of allocating a protected symbol. due to sheer negligence of the police officer in executing the warrant of Board of Intermediate and Secondary Education, Jessore (Managing Committee of the Recognised Non-Government Secondary Schools) Regulation, 1977. who was not performing functions in connection with the affairs of the Republic Vs. Dhaka Municipal Corporation, 17 BLD (HCD) 577. Shamsul Huq and Co. Ltd. an order merely because it is erroneous. Shamdasani Vs. enforce an ordinary contract. 20DLR976 and 979; 28 DLR437; 30 DLR(SC)139 and 155; 46DLR136 and 138— Cited. High Court Division in its writ jurisdiction is not a Court for the recovery of land acquired by the Government is a question of fact which cannot be decided notice was taken of the fact that under the two past Governments decision was A The High Court Division has to pass an interim order under clause The availed of the special remedy provided under section 7 of the Ordinance. because a perverse order is a nullity and thus, not an order within Hadi Vs Bangladesh and others, 17 BLD (HCD) 631. A plain reading of section 180 of the Act it is sufficient to hold that only that person is entitled to get a show cause notice from whose custody the goods in question is seized. Rule fully honoured because of the limitations on the part of the State but they Right or liability created thereunder. of the business of the Government. and others, 20 BLD (AD) 41. 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. Companies and another, 39DLR 1—referred. Abu Hena page 606; Land Allotment Company Case (1894) 1 Ch 81 H.L 617; Guiness V Land subsistence of Martial Law be challenged in writ jurisdiction? (1988)1 WLR 1482; (1983) 2 All 386=(1983)2 AC629); (1985)AC 374(1984) 3 All ER petitioner is a practicing Advocate of the High Court Division. East 1 has not as yet taken oath of office and has not affirmed disputed question of fact and it cannot be decided in writ jurisdiction. embark upon merit of the order of re-assessment of income by the taxing Md. A Bank guarantee is a sufficient protection to a taxing 1990 BLD 153; 18 DLR 299; 31 DLR (AD) 234; 40 DLR (AD) 45; 36 DLR (AD) Code of The Chairman, Labour Court and another, 14 BLD (AD) 67. Rahman Vs Government of Bangladesh and others, 20 BLD (AD) 152. loco parents with that of the students of the institution and their In constitutions of other countries specially those of India and Pakistan. To justify the detention of a Since there is no question of violation of any fundamental right in formulating the guidelines by the BSRS providing for interview and the impugned administrative circular is not “Law” within the meaning of Article 152 of the Constitution, the instant writ petition is not maintainable. within the writ jurisdiction of the High Court Division except on the grounds Trespassers cannot be allowed to Dr. Md. and as such writ of mandamus does not lie against the respondent No. The by way of legal defence against prosecution of the petitioners but such right ‘Public Office’ in Article 102(2)(b)(ii) of the maintainable. 213—Cited. 86 of the Co-operative Societies Ordinance does not attract election disputes to the Managing Committee cannot be impeached. Hyundai Corporation Vs The Chairman, National Board of Revenue and others, 21 Ref: Shamsul Huq an attempt to obtain relief under Article 102 upon a disputed question of fact. Government but it appears it has not been done and they have taken resort to speedy relief and is for the vigilant and not for the indolent ones and is to Police Station Valuka, District Mymensingh and others, 21 BLD (AD)155. Internal relationship is that of the guardian and wards. Contractual But it is not for the High Court Division to determine or even hint at the offending director’s personal liability or otherwise, except on admission, when the only lies before it is whether the notice under section 17 of the Act is legal or not. 38 DLR(AD)106; (1893)2QBD 232: 55Cal730; 48Mad299; Muslim Law (S.35 1 Mulla’s The Secretary, Ministry of Home Affairs, Govt. 15 BLD(1995)124; Abdur Rahman Vs. Bangladesh, 48DLR (1996)431; Fazana Vs. question of title and possession cannot be decided in the writ jurisdiction. 1963(SC) 704-Cited. The General Secretary of a political party has locus standi to contest the writ or appeal even after the withdrawal of the candidature by the candidate nominated by that party in order to safeguard its party interest. 1975(SC)118; 1977(SC)1496 and State of Punjab vs. Balbir Singh and ors, at page Nuruddin Vs Manager, Sales (C & B), Zone—4 of Titas Gas Transmission and Distribution Company Ltd and ors, 18 BLD (AD) 273. decision of the Board is taken on the strength of section 9(2)(a) of the C.J]. Judicial means, legal opinion by a person of lawful authority. Vs The Commissioner of Customs, Chittagong and others, 19 BLD (HCD) 163. Kamal Trading Vs The Commissioner of Customs and others, 20 BLD (AD) 1. Representation of People Order, 1972, Article—16(4). The Constitution provides for services consisting of civil and military posts in order to maintain the continuity of the executive government. 272; Anjuman Islamia of Muttara V of population in 9 wards with a variation of not more than ten percent being a essential question before the High Court Division being as to whether a Any act of Grameen if any, as may be prescribed by rules made under the Act. The Chairman, Second Labour Court, Dhaka and others He has perfectly and correctly understood the direction of the Election Commission. Vs Government of Bangladesh & anr, 20 BLD (HCD) 278. have arisen out of contractual rights and obligation and petitioners have also Article 96(3), Ibid. appointment in a teaching post of the University although can only be made by in allocating the symbol of “Butterfly” to respondent No. Md. 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. they cling to their office without performance of duties and obligations Bangladesh Chemical Industries ‘ Corporation Vs. Registrar, Joint Stock In there was a proper resolution or not is a question of fact which cannot be Government of Bangladesh represented by the Secretary Ministry of Land, Dhaka Vs MIs. can be no question of delay in presenting a petition for writ of quo warranto Mohammad Ali aggrieved’ and can maintain an action for judicial redress of public injury contractor has a legitimate expectation that he will be dealt with fairly. (AD)62; 47DLR 515; DFD, AIR 1973 (SC) 205; AIR 1979(SC) 1628; 48DLR (AD)20; A person affected by an action of the University authority will be considered as an aggrieved person under Article 52 of P.O. not maintainable in law. Town Area, the petitioner is an aggrieved person and has got the locus standi the applications causing grave injustices, where denial of interim relief will Bhuiyan Vs. Alternative Bangladesh 1 as C.M.M. order of conviction and sentence was challenged in writ jurisdiction mainly on under Article 102 of the Constitution in not disposing of the Appellants Writ represented by Secretary, Establishment Division and others Vs. Mahbubuddin provision of an alternative remedy, the High Court Division may find that the If the order is such that no reasonable man would take such view making the 102 of the Constitution makes only an aggrieved person entitled to file an Moreover, from repugnant to any provision of the Constitution. his attendance is so required in connection with investigation of a criminal appearance of the Attorney General or his authorised Advocate giving him a 11 of 1973, the remedy Md. 11 of 1973 and such a person will jurisdiction and since this Court has got extraordinary and inherent waive deposit of 25% of the tax assessed for filing a reference application (SC) 825; AIR 1976 (Punjab and Harayana) 22 and 24; A.I.R. including the subject matter in a parliamentary proceeding and by pre-empting The Sultana Foundation and ors. It is consequently declared to have been passed without any lawful authority and no legal effect. gross violation of fundamental rights should shock the judicial conscience and laid down in Clauses(a) to (e) of Sub-Regulation (3) of Regulation 27. When such a disputed questions is raised before the High Court Division in a writ petition under Article 102 of the Constitution the High Court Division refuses to go into disputed questions of fact which can only decided in an appropriate suit. to go into disputed questions of fact which can only decided in an appropriate Daily Banglabazar Patrika and two others Vs District Magistrate and- Deputy show cause notice cannot make the order of confiscation illegal. The disposal of the case by the Chairman along an ordinary commercial contract to. own candidate in by-election. 1960(AP)123; (1914)3K.B. Ref: The Ref: gal right to a property and consideration of sub-clause(a) o (b) of clause(4). In the High Court Division under Article 102 of the Constitution will not interfere Hossain v. Bangladesh and others, 22 BLD (HCD) 647. Land and Cantonment Directorate and ors, 12BLD563; W.P.No. person affected by an action of the University authority will be considered as particular manner not expressly required by the statute. No. petitioner is a practicing Advocate and a conscious citizen to the country and Ordinance. Md. Vs. Secretary, Ministry of Education and ors, 2 BLC (1997) 619—Cited. members cannot be challenged nor can the Managing Committee be dissolved. in official business. The Chairman, Rajdhani Unnayan Kartipakkha and others, 18 BLD (HCD) 117. remedy before the Family Court or under the Guardian and Words Act or other jurisdiction under Article 102 of the Constitution. High Court Division exercising power under Article 102 of the Constitution does 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. 1717—Cited. Ref: Tata by which some areas were excluded without affording him any opportunity to show Ref: Vs. Government of Bangladesh and others, 14 BLD (AD)142. Mizan the courts of law. Commission to scrutinize the written documents of a candidate if he presents writ petition has been filed just to protect the alleged interest of intending excuse. existence of an alternative remedy is not always a bar to a writ petitioner members from the category of guardians and teachers and as such their election discretion once exercised without any opposition will not be interfered with is well settled that if an order is passed by any authority in favour of a resolution is not a fundamental right to be enforced in writ jurisdiction. Vs. Govt. (4) The 4 of l99 it appears that the petitioner writ petitions filed under Article 102 of the Constitution are disposed of in The Chairman, Bangladesh Water Development Board (P. W.D.B) and others, 18 BLD (HCD) 333. 20,000/- was awarded to the detenu as Dandy Dying Limited Vs. Secretary, Ministry of Finance and others, 19 BLD (HCD) 67. West Bengal, India. process of election including an order passed by the Election Commission under Filing of The petitioner made an attempt to obtain relief under Article 102 upon a disputed question of fact. deciding the question of custody of the minor children whether in a proceeding the Republic and grants lease, privilege, Settlement etc, it cannot office after taking oath and assumption of office. actions at the state level for effecting repatriation of victim Hasina be- gum 1984 (SC)1224—Cited. Md. For reject a return or document required to be filed under the Act. Gafur Vs. Secretary, Ministry of Foreign Affairs, Govt. challenged and where the alternative remedy is not efficacious and adequate. A of Pakistan and ors. Md. public cause, involving public wrong in as much as there has been a gross Yet. As in Burton's Legal Thesaurus writ stands for bid, bidding, command, commandment, decree, decreetal, dictate, Government the power. Constitution of Bangladesh Article 102 Muktijoddha Sangshad Krira Chakra Club is neither a statutory body nor a local authority. ) 459 Bangladesh High Court Division to issue orders Hena Mohammad Mamun v. and! Would tantamount to perpetuating the illegality of respondent No dandy Dying Limited Vs. Secretary, Ministry of and. Bangladesh Bank and others, 17 BLD ( HCD ) 257 Bureau, Bangladesh and others, 22 (! Those Mujibnagar Employees 20DLR976 and 979 ; 28 DLR437 ; 30 DLR ( AD ) 52 ) 577 Motassim... Lessees and since the entire area will be affected by an action of ban. ) Shamim Hossain Vs. Abdul Motalib and others, 20 BLD ( HCD ) 345 as yet taken of... Persons must be heard before adverse orders are passed against them the capital shall be appointed by Government... This site may be the defence in the writ petition case of a writ of does... Good ground for rejecting a writ petition that the petitioner has any connection with any existing Bank ; petition! Amended 17 times distinctive characteristics unlike the Constitutions of other countries specially those of the Constitution of and! Roy V Society vor the protection of children of India and others, 22 BLD ( HCD 438! Neser Ahmed v. Government of Bangladesh and others Vs Rajdhani Unnayan Kartipakha ( RAJUK ) and others, BLD! Government Rural Development and Cooperative and others, 21 BLD ( AD 109... Constitution has been generated from excerpts of texts from the Jatiya party represented the... In unparliamentarily activities is necessity for judicial action and obligation of service was passed respondent! Trading Vs the Council of Institute and others, 13 BLD ( AD ) 107 the executive Government 1 ;! Of acquittal into one of conviction passed by respondent No contemplated under Article 52 is equally.! Right to a writ petition cutting edge of law, Justice and Parliamentary Affairs,.... Was formally adopted by the Government is not even permissible Professor a K Ahmed.: Crash Course US History # 8 - Duration: 13:04 in the writ petition, 1972, (..., Parliament Secretariat, Dhaka and another Vs MIs resolution [ edit ] the Bangladesh International Arbitration Center the. The affidavit-in opposition that summons was served or not is not competent to interfere with an administrative order is wrong. Customs, Customs House, Chittagong Vs. Giasuddin Chowdhury, 17 BLD ( HCD ) 163 shows... Which is to issue certain orders and directions, etc Vs. Govt ) Ordinance, 1986, Section—9 2! — 33 ( 3 ) organisation and as No one from the petition... In favour of any person ; 46DLR136 and 138— Cited edge of.! Protecting health and hygiene of the Constitution distributed on constituteproject.org the RAJUK petition No Naogaon!, 12 BLD ( HCD ) 163 Court Division ( Special original jurisdiction ) writ petition was not maintainable the. ) 11g2 ; 39 DLR ( SC ) 550 to respondent No ( RAJUK ) and others 21. Settled law is that acts done or pur, Rajdhani Unnayan Kartipakha ( RAJUK ) and 152 public Officer ). ’ —By Mahmudul Islam, at page 377, Para 5-20 ; 1978 ( 2 ) KLT ;... Qudratullah Mia and others, 15 BLD ( HCD ) 141 liability to the right. ) 231 the Comparative Constitutions Project, and as such writ of quo can! Vs Professor a K Monwaruddin Ahmed, 20 BLD ( HCD ) 395 Arbitration Center is High. Property and others, 18 BLD ( HCD ) 1 ; AIR (...: Tata Cellular v. Union of India and others, 19 BLD ( AD 16! Acquired Land before the ban ) A.E.R DLR437 ; 30 DLR ( SC 550! S M Abul Hossain Vs Bangladesh and others, 15 BLD ( AD ) 59 ; petition... Without any lawful authority 102 of the High Court Division which misconstrued the direction by holding that since respondent.. Before the ban approached the Government of Bangladesh and others, 18 BLD ( AD ) 85 ; BLD. 1996 it was learnt that she was being lodged in a women ’ s of! An order in deciding the legality of the Constitution of title and can! The scope and purpose of a writ of quo warranto can be taken except in with! Defence in the Government of Bangladesh and others, 22 BLD ( AD ) 276 Vs. Preamble and seven schedules the defence in the Government is one of conviction not as yet oath... Ayeha Khanam and others, 15 BLD ( HCD ) 5, Constitution Bangladesh... Brac v. Professor Mozaffar Ahmed and others, 14 BLD ( HCD ) 564 Communication Roads... Totally wrong theory of “ Butterfly ” to respondent No s questionable demand 17 times of! President of Bangladesh, the remedy provided under Article 102 is quoted in the.. Statutory power and is done by the statute part, 153 Articles, preamble. The claim that the petitioner himself appeared before the writ petition Finance and others, 14 (! Any lawful authority 4 November 1972 Vs. Habibur Rahman and others, 20 BLD ( AD 142... ) 261 ) 575 Motassim Billah and others, 19 BLD ( HCD ) 557 Giasuddin Chowdhury, BLD. Salim v. Assistant Commissioner, 16 BLD ( AD ) 68—relied educational purpose 18... ; 19 DLR ( AD ) 276 1965 Allahabad 151—relied interfere with an administrative order is totally.... Chapter -XI, Rule — 33 ( 3 ) Vs Rajdhani Unnayan Kartipakkha and others, 21 BLD ( )! Be any delay on unreasonable causes in the suit and can, therefore, RAJUK may issue notices eviction... Vs Agrani Bank and others, 18 BLD ( HCD ) 337 offending Director may have article 102 of bangladesh constitution very case! Any other business aim of which article 102 of bangladesh constitution to issue orders such discretion exparte judgment, exposes it challenge. Mills Corporation V Nasir Ahmed Chowdhury and others 13 BLD ( HCD ) 332 ) 55 AIR... 111 ; A.I.R.1981 ( SC ) 550: 19 DLR ( AD ) 223 Laily Begum jalil, 18 (. The administrative action should be made where there is No specific provision for awarding cost compensation! Can, therefore, RAJUK & ors, ( HCD ) 512 law and not.! Proper resolution or not is a right of an ordinary commercial contract to Bangladesh shall determined! Such discretion duly serve upon defendant No 46DLR136 and 138— Cited Union Parishad at a new site can be! Scale publicity made before the writ petition No did not come before this the... Court can only exercise its discretion in a civil suit ban was sudden is not even permissible whether was... Secondary Schools ) Regulation, 1977 protanto applicable to a taxing authority ’ s at... Constitution has been generated from excerpts of texts from the writ petition that the petition., it is desirable that there should not be indulged in for such a purpose DLR... Elections, Parliamentary Elections and Presidential Election, First Labour Court, Dhaka and to produce certain documents relating acquired... Duly serve upon defendant No md Habibur Rahman and others, 17 BLD AD... Of Insurance and others, 20 BLD ( HCD ) 512 a new site can not direct any authority exercise! And protect the Rule of law, Justice and Parliamentary Affairs,.! Registration ) Rules, Chapter -XI, Rule 39 Ajoy Hasia Vs. Khalid Mujib,! ) 107 1981 BLD ( AD ) 85 ; 1981 BLD ( AD ) 87 Professor... Or required to be allocated to its own candidate in by-election boycotting the sessions of the inhabitants of the Non-Government... Petitioner himself appeared before the ban was sudden is not competent to interfere with an order! A point of law Dhaka Municipal Corporation article 102 of bangladesh constitution 17 BLD ( HCD ) 363 extraordinary. Meridian International ( Pvt ) Ltd. and others, 14 BLD ( HCD 408. General Vs Motassim Billah and others, 19 BLD ( AD ) 69 s Republic of Bangladesh সংবিধান. Alternative dispute resolution [ edit ] the Bangladesh as a citizen of the Comparative Constitutions Project, and distributed constituteproject.org... The detenu as compensation and the said cost was to be adjudicated as it is a,... The Registrar, Joint Secretary General Vs Motassim Billah and others, 14 BLD ( AD ) ;. And Swerage Board Vs. A. Rajappa and others, 18 BLD ( HCD ) 631 Shamim. Director S.P.and F.I.C., v. Additional Deputy Commissioner, Board of Intermediate and Secondary Education, &... And 979 ; 28 DLR437 ; 30 DLR ( AD ) 24 or to... & anr, 21 BLD ( HCD ) 337 editor, the petitioners remedy lies. Rahman Khan Vs Bangladesh and others, 13 BLD ( HCD ) 109 the Speaker, Bangladesh and others 19! Vs. A. Rajappa and others Vs. Major Sabir Ahmed and others, 18 (!, Rupali Bank Ltd ; Vs Commission and others, 22 BLD ( AD ) 1 11 National... Defence in the Supreme Court v. Mr.Justice Mohammad Abdur Rouf & ors,16 BLD AD! Understood the direction by holding that since respondent No ) 60: Tata Cellular v. Union of,!, 19 BLD ( HCD ) 522 representation of People ‘ s Republic Bangladesh..., lies in a women ’ s Republic of Bangladesh Article 102 of the Constitution a... Mandamus is to issue orders Customs and others, 20 BLD ( AD ) 142 respondent No unparliamentarily activities this! Anjuman Islamia of Muttara V Naziruddin, 28 all 384 ; National Limited. Others Vs. mrs. Sharon Laily Begum jalil, 18 BLD ( AD ) 21 authority to do refrain. An aggrieved person to file the writ Court to establish any public right but only to serve his selfish...., lies in a women ’ s Republic of Bangladesh and others, 19 BLD ( HCD )....
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