of judicial remedy. The third party rights exist and fall with the Ekushey Television, since their interests are merged with that of ETV. The writ petitioners need not have invoked the jurisdiction of the Court of Settlement because the very inclusion of the property in question in the ‘Kha’ list is ex facie void for want of jurisdiction and is violative of Article 42 of the Constitution. fundamental rights subject to the provisions of Article 45. Khan vs Ministry of Home Affairs 43 DLR 131. Mymensingh . No. Ref: Bharat Kumar K Palicha and ano. rule"â No one is entitled to move the Court for a supposed or threatened The concerned officials and the Government as a whole appear to be unresponsive to the Constitutional mandates so solemnly enshrined in Art.31 and Art.32 read with Art.18 and Art.21. It cannot now complain that its freedom of association has been restricted by section 25(3). 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. Right to life is, therefore, a fundamental right and it can be enforced by the Supreme Court in removing any unjustifed threat or invasion to the health and longevity of the citizens of the country. Nurul Islam and another Vs. Shaikh Md. Article 36 of the Constitution provides that subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle at any place therein and to leave and re-enter Bangladesh. Government of Bangladesh, represented by Ministry of Works and another Vs Syed Chand Sultana and others, 18 BLD (AD) 274. CONS TITUTION OF THE PEOP LE 'S R E P U B L IC O F B A N G L A D E S H 4th November 1 972 P R E A M B L E W e, the people of B angladesh, having … A member of The information contains in this web-site is prepared for educational purpose. that the credibility in 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. 907 (1971) (No. Though the petitioner is in possession of the house from the time of his allottee husband treating the same as abandoned property and inclusion of her house in the ‘Ka’ list of abandoned building is not only contrary to the provisions of P.O. the mandate of the ConstitutionâThe entire Constitution is to be looked into in Article 26 to 47 of Bangladesh constitution confers a number of substantive fundamental rights on every citizen of Bangladesh e.g. In that view of the matter the seniority list was required to be prepared in order of merit on the completion of the training on 25.1.1990. Article 101. Article-27 of the Constitution provides that all citizens are equal before 1w and are entitled to equal protection of law and Article 29(1) of the Constitution provides That there shall be equality of opportunity for all citizen in respect of employment or office the service of the Republic. Right to life in Article3l means right to sound mind and health. or the maintenance of discipline. Interpretation In view of the fact that the entry of the police within the campus was not illegal, rather the entry was to secure and maintain law and order, the same is permitted under the provisions of the constitution. Right to life under Articles 31 and 32 of the Constitution is not thus confined to protection of life and limbs only necessary for full enjoyment of life but it also includes, amongst others, protection of health and normal longevity of an ordinary human being. Capital punishment in Bangladesh is a legal form of punishment for anyone who is over 16, however in practice will not apply to people under 18. The freedom of speech and expressions cannot be limited only to original ideas and views but it should extend to the views and comments of others. Dr. Mohiuddin Farooque Vs. Bangladesh and others, 17 BLD (AD) 1. E.R. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Md. of note-books may well be construed as imposing reasonable restrictions against the possibility of the copy. Any act or omission contrary thereto will be violative of the said right to life. (1981) A.I.R. 1991 (SC)420 — Cited. 1[The Bangladesh Scheduled Offences (Special Tribunals) Order, 1972 (P.O. Articles 44(1)(2), 100(5), 102 and 114âÂ. The expression ‘life’ does not mean merely an elementary life or sub-human life but connotes a right to a decent and healthy way of life in a hygienic condition. and another 47 DLR (AD) 1. This right can, however, be taken away, curtailed and abridged only under certain specified conditions. (1) The rights guaranteed under article 31. clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies. It is primary obligation of the State to raise the level of nutrition and effect improvement of public health by preventing use of contaminated food drinks etc. 1987 (SC) 990; A.I.R.1988 (SC) 1782; A.I.R. Moreover, Article 22 has emphasized on separation of the judiciary from the executive. The people of Bangladesh, under Art.31 of the Constitution are entitled to enjoy the protection of laws enacted in Bangladesh. The Secretary, Ministry of Establishment, Government of Bangladesh & others Vs Md. 50 of 1972)]. Col Md Masdar Hossain and others, 21 BLD (AD) 126. 2[The Bangladesh Nationalised and Private Organisations (Regulation of Salary of Employees) Order, 1972 (P.O. As to the fundamental State policy which is not enforceable and the fundamental rights the Indian Supreme Court held in the case of Olga Talis Vs. Bombay Municipal Corpora- tion (1985) 3 S.C.C. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. The Constitution of the People's Republic of Bangladesh is the constitutional document of Bangladesh. It encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life can hardly be enjoyed. Home » Government Forms » ডাউনলোড ফর্মস. right of the Text Book Board being infringed as would be permissible under Article 39(2) of the Constitution. of introducing 'Permanent Benches'âThe amendment has also expressly contravened Written Constitution: The Constitution of the People’s Republic of Bangladesh is a written document. Acquisition and Requisition of Immovable property (amendment) act, 1994. Ref: 4BLT (AD) (1996)58; 50 DLR 306; Dr. Mohiuddin Faroque’s case 49 DLR(AD)l; Kazi Mukhlesur Rahman, 26DLR (AD) 44. I was eligible to be issued an admit card, escaped the notice of the petitioners, who deliberately did not issue an admit card. Saleha Begum Vs The Chairman, First Court of Settlement, Dhaka and another, 17 BLD (HCD) 241. The grouping of persons for training recruited in the same examinations held under the same advertisement for recruitment was, therefore, an act performed by the Biman under compulsion. Abdul Hannan 2-5 as nominee-directors. The Government and the non-Government Organisation sometimes come to their succour in a very un-planned manner for their rehabilitation making some poor poorer and some poor idle turning them into misguided terrorist/mastaans/drug traders/traffickers and violent arms cadre. Owing to disagreements between the Hindu and Muslim contingents of the commission tasked with delimiting the province, the frontiers were ultimately determined by the head of the commission, Sir Cyril Radcliffe. Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 14 BLD (AD) 117. The State, 33 DLR 12; State Vs Emdad Ali Bepari, 36 DLR333—Cited. The decision of the Government to send troops to Haiti to participate in the United Nations sponsored Multinational Peacekeeping force is quite in consonance with constitutional framework and international commitments and not derogatory to any provision of the Constitution although the fundamental principles of State Policy cannot be enforced in writ jurisdiction under Article 102 of the Constitution but yet it serves as a guide to the interpretation of the Constitution by the Court. The City Bank Limited and others Vs Bangladesh Bank and others, 20 BLD (AD) 159. Freedom of the press means printing, publication, circulation and distribution of all that can be expressed in exercise of the right of freedom of speech and expression. 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. Last modified on Mon 3 Feb 2020 07.47 EST. The claim of right of freedom of speech and expressions by the defendants in the circumstances will directly offend the statutory provision and as such there cannot be any right much less any fundamental right which will encourage violation of the law. 96 CrPC is a reasonable restriction on the rights enumerated in Article 43(a) Nurun Nahar Zaman Vs. Article 26(1) of the Constitution of Bangladesh provides that all existing laws inconsistent with the provisions of Part III of the Constitution shall to the extent of such inconsistency become void on the commencement of the Constitution. L. Rev. Where an Bangladesh is an agrarian country (current population 161 million in 2015) 12 with agriculture responsible for 30% of the country's gross domestic product (GDP), 51% of the labour force and >90% of rural employment. Gias Uddin Vs. Dhaka Municipal Corporation, 17 BLD (HCD) 577. It amended Article 47 of the constitution view to amending Articles 51 and 66 of the 1981 by inserting an additional clause which allowed constitution. Col Md The status, remuneration and nature of work of Extra-muharris and T.C. Reasonable restrictions may be imposed in the interest of public order. A. R. 1978 (SC) 597; Syed Mokbul Hossain Vs. Bangladesh, 44 DLR 39; Rafique-ul-Huq Vs. Bangladesh, 44 DLR 398—Cited. Koolwal V State of Rajasthan AIR 1988 Raj 2; AIR 1988 SC 1037; AIR 1988 SC 1115; Lakshmipathy Vs. State of Karnataka AIR 1992 Karnataka 57; Muniswamy Gowda Vs. State of Karna AIR 1998 Karna 281; V. Lakshmipathy Vs State of Karna AIR 1992 Kant 57; Municipal Council, Ratlam V. Vardhichand, AIR 1980 SC 1622. (Per Mahmudul Amin Choudhury, CJ). Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860. [Per A. T. M. Afzal, C.J.]. But without assigning cogent reasons or without affording any opportunity to the petitioner of showing cause against the order of impounding, such an order cannot be held to be validly made as it offends against the principle of natural justice. Md. Financial Institutions Act, 1993, Section—25(3). Transparency and accountability must be ensured in all actions by public bodies. allowing him to sit for an admission test for a course under the Dhaka Medical College, which is affiliated with the Bangabandhu Sheikh Mujib Medical University, but disqualifying the writ petitioner who was a candidate also in Government service over 40 years at age from admission on the ground that he was ineligible for being over aged although he was eligible for admission according to an amended notification of the University, the petitioner’s fundamental right to pm- sue higher education as guaranteed by the Constitution was infringed and he was illegally discriminated against. Suits for restitution of conjugal rights are not maintainable in law. Secretary, Ministry of Finance, Government of Bangladesh Vs Mr. Md. The principles contained in Articles 39(a) and 41 must be regarded as equally fundamental in the understanding and interpretation of the meaning and content of fundamental rights. One thing that stands out prominently from Regulation 18(c) is that the order of merit in which the recruits are placed in the training and the date of completion of their training are the deciding factors in counting seniority in service. India also enshrined the food-related provision in Article 47 which is within the part of the directive principles of its Constitution. Since no reasonable basis for classification for placing in groups for training could be proved it was obvious that there was enough scope for arbitrary selection and as such it is violative of the equality clause as being arbitrary and discriminatory. "Exhaustion Sultana Nahar, Advocate Vs. Bangladesh and others, 18 BLD (HCD) 363. No. Nurul Islam and others vs Government of the People's Republic of Bangladesh Bangabandhu Sheikh Mujib Medical University Act 1998. Government of Bangladesh Vs Professor Ghulam Azam, 21 BLD(AD) 62. prosecution and punishment of any person accused of 'genocide, crimes against humanity Seventh Amendment Act: This Act was passed or war crimes and other crimes under on 11 November 1986. Phoenix Leasing Ltd. and ors. Ref: Smt. Article 7 (2) of P. 0. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site. Constitutionality of the Act and presumption following it, While examining the constitutionality of a statute a well-known principle that there is always a presumption in favour of the constitutionality of an enactment has to be borne in mind. The offer of the Government to sell the case property to petitioner was attendant with the condition that the petitioner must not have a residential house in Dhaka. A member of with Article 44(2) which speaks of "without prejudice to the power of HC (5) of Article 100 is inconsistent with Articles 44 and 114. and Article 28 thereof providing guarantee against discrimination on grounds of religion, race, sex etc. Dr. Mohiuddin Farooque Vs. Bangladesh, 16 BLD (HCD) 490. The provisions as to fundamental rights in the Constitution are self executory and any violations of the provisions of Article 31 is subject to judicial review and this Court would remedy the wrong by issuing appropriate declarations and direction for enforcement of any of the fundamental rights. Treating one’s property as abandoned property under P.O. 16 of 1972 and Ordinance 54 of 1985, but also violative of her fundamental right to hold property. amendment is hit by Article 114âSetting up of subordinate Courts by law Bogura. The petitioner company was formed knowingly and voluntarily under the restrictive provisions of the Act. Researchers all over the world have the access to upload their writes up in this site. In case of any breach in this respect, such constitutional obligations can be enforced against the Government under Article 102 of the Constitution. 1957 (SC) 628; 70 C.W.N. 54 of 1972)]. Vs Bangladesh Bank and ors., 19 BLD (AD) 223. As their fundamental rights have been violated, they are entitled to seek protection under Article 102 of the Constitution in order to protect their lives and properties. Article 38 of the Constitution guarantees to every citizens the right to form associations which is the very basic formation of democracy and the existence of democracy depends on the right to form associations. Rangpur. In such circumstances petitioner is entitled to challenge the inclusion of her house in the ‘Ka list of abandoned building in the writ jurisdiction in spite of dismissal of her application by the Court of Settlement on the ground of limitation. of abandoning this Supreme Court and establishing two altogether different Bangladesh and another 47DLR (AD) 1. The Government and the Collector of Customs, who are defendants in the suit, have been directed to contest the suit by filing written statement, if not already filed, and take all necessary steps for the production of evidence and relevant materials before the trial Court to enable it to adjudicate the matter completely and effectually so that the plaintiff cannot obtain an ex-parte decree due to laches of the defendants. cited as instances of the nonâviability of the theory. Article 47 (3) of our national constitution, added under the first amendment, states that: any disciplined force will not be entitled to any remedy if he is aggrieved by Article 27 of the Constitution provides that all citizens are equal before law and are entitled to equal protection of law while Article 28(1) provides that the State shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth. Mst. The Secretary, Ministry of Law and Justice and others, 14 BLD (AD) 48. 1986, rev. This article examines the factors shaping these relations and argues that a host of structural and domestic political variables are pulling India and Bangladesh in opposite directions. 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. & ors 52 DLR. it is a simple case of investment, and like every investment the investment in ETV has its own risk. In view of the provisions of Article 137 the direction to establish another public service commission for judicial and magisterial services is not contrary to the provision of the constitution for recruitment of persons to be employed for judicial service and magistracy exercising judicial functions in accordance with the provisions of Article 140 of the Constitution for the recruitment of persons to be employed in the judicial and magisterial service is in consonance with the spirit of Article 22 of the Constitution. 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. Freedom of speech and expression occurring in clause (2) of Article 39 of the Constitution means a right to express one’s own opinion freely by spoken words, writing, printing, painting or in any other manner open to the eyes and ears. Under Art.21 every person in the service of the Republic has a duty to ensure the observance of the Constitutional mandates and the laws of the land, to strive at all times to serve the people to whom all powers in the Republic belong. 450 (1972); (1880) 14 Ch. 397(1989)—cited. 13, September, 1994, Colombo, Sri Lanka, PP 113-145; S.P. The word ‘life’ in Pakistan Constitution is similar to the word ‘life’ appearing in Article 21 of the Indian Constitution and in Article 31 Bangladesh Constitution. By year's end, political tumult posed a serious threat to the future of Bangladeshi democracy. Principal, Dhaka Medical College, Dhaka and another v. Dr. Manzoor Rasheed Chowdhury and another, 22 BLD (AD) 225. Bangladesh Biman Employees (Service) Regulations, 1979, Regulation—18(c). Sp the misfortune remains with their until their death. In pursuance of these Articles, the Government Servants (Discipline and Control ) Rules, 1976, subsequently renamed as Control and Appeal Rules 1984, have been made. It was later influenced by the Companies Act 1857, Companies Act 1913 and Companies Act 1929. 1985 (SC) 722; A.I.R. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site. Courts created by subâarticle(5) of Article 100âConstitutionality of amendmentâÂThe It proclaims that the Constitution as the solemn expression of the will of the people is the Supreme Law of the Republic and any other law inconsistent with the Constitution is void to the extent of the inconsistency. by any order affecting his service or by order of the President or by any Aminul Haq Vs. Rafiqul Hassan, 16 BLD (AD) 174. 3[The Bangladesh Jute Export Corporation Order, 1972 (P.O. Search The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board of a financial institution is based on a reasonable classification. Raj Kumar Behani Vs. Bangladesh and others, 15 BLD (HCD) 613. (Per B.B. This expression is wide enough to include expression of one’s opinion in the form of comments, explanations, annotations, solutions and answers to questions on ideas expressed by others. Division under Article 102". Any procedure which infringes on the constitutional right of a citizen to go abroad without giving him an opportunity of being heard must be held to be unfair, unjust and violative of constitutional right. Â© 2017 All Rights Reserved. the scope of judicial review under Article 102 of the Constitution as such the Conditions of Service of Government Servants are regulated by law made in pursuance of Article 133 of the Constitution and they come under protection of Article 135 of the Constitution. Supreme Court 344; (1981) AIR. It provides the framework of the Bangladeshi republic with a parliamentary government, fundamental human rights and freedoms, an independent judiciary, democratic local government and a national bureaucracy. Bangladesh - Bangladesh - The Pakistani period, 1947–71: Although the boundaries of East Bengal were based ostensibly on religion, they did not entirely reflect it. Every citizen has the freedom of expression which is guaranteed under Article 39 of the Constitution. But protection of life under this Article does not mean protection of an illegal action of any person and as such the petitioner was rightly evicted from the Gulshan Park in accordance with law. Ref: State of Madhya Prodesh Vs. Shoma Ram and others, A.I.R. Carew and Company (Bangladesh) Ltd Vs The Chairman, Labour Court and ors, 19 BLD (HCD) 30. CrPC no such restriction on the right of a citizen can be imposed. The State and another, 15 BLD (HCD) 537. 1987 (SC) 111, AIR 1986 (SC) 1571; AIR 1988(SC) 286; 43 DLR(AD)164—Cited. Secretary, Ministry of Finance and others Vs Mr. Md. Again, Article 47(1) provides that parliament can make review proof legislation in certain specified matters stipulated in Article 47(1) with a view to implementing any of the Fundamental Principles in the Constitution. Provision of Viewed in this perspective it is held that the impugned Act is not unconstitutional. Unlike the Indian scheme this has been done in the very original Constitution of Bangladesh. Bangladesh Stationery Office . and became floating rural population having no profession, no provision for food, shelter and being poverty stricken migrate to the urban area in quest of those necessities for their living on the earth for breathing its fresh air. 1. “Law” as defined in Article 152 of the Constitution includes, among other things, rules and regulations made under any law. The 'exhaustion As the writ petitioner was not an applicant for establishing a bank, the question of discrimination towards him does not arise. A dichotomy is not permissible between original ‘speech and expression’ and propagation of ideas and comments and views on the original ‘speech and expression’ of others. (2) The State shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. Alhaj Habibur Rahman and others v. The Secretary, Ministry of Environment and Forest and others, 22 BLD (HCD) 521. An offence as defined in the General Clauses act means an act or omission made punishable by law for the time being in force. Chowdhury Mohmood Hossain v. Bangladesh and others, 22 BLD (HCD) 459. attempt to move this Court for enforcement of fundamental rights. AIR 198 1(SC)2 198. The power conferred under Article 7(2) of the Passport Order to impound a passport is violative of Fundamental Rights guaranteed under Article 36 of the constitution and the rules of natural justice is applicable in such a case inasmuch as it seriously interferes with the constitutional right of the holder of a passport in restricting him to leave and re-enter Bangladesh (Per A. M. Mahmudur Rahman,J). 454 that “Article 37 provides that the directive principles, though not enforceable by any Court, are nevertheless fundamental in the Governance of the country. The decision of the Government to send troops to Haiti to take part in the U. N. sponsored Multinational Force being in consonance with the spirit of the fundamental principles of State Policy and being in accord with Chapter -VII of the U.N. Charter, the decision of the Government cannot said to be an infringement on the Constitution. and not the Departmental Enquiry Committee that can act only as a fact-finding body to recommend certain penalties like removal, dismissal, demotion etc. The decision of High Court Division allowing respondent No. (Per A.T.M. On July 15, 1973 Bangladesh amended its constitution for the first time to ease the process of the war crimes trials. interpreting the Constitution. (SC) 344; (1897), Act 11; World Commission on Environment and Development published by Oxford University Press in 1987; (1995) 2 SCC 577 (580); Constitution at Law of Bangladesh—Mahmudul Islam— Cited. BRAC v. Professor Mozaffar Ahmed and others, 22 BLD (AD) 41. of the Constitution. After exhausting all available remedies the petitioner can Sub-paragraph (6) of Paragraph 6 of the Transitional and Temporary Provisions of the Fourth Schedule mandates compliance of Chapter II of Part VI of the Constitution which in effect requires all concerned to maintain, preserve and protect the independence of the judiciary and also to enhance the separation of the judiciary from the executive and preserve the then arrangement as a temporary and transitional one. 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. 14 Self-poisoning by pesticide is a serious health problem responsible for about 40% of poisoning cases admitted to … Although in the passport Order there is no positive word requiring that the citizen whose passport is impounded shall be given an opportunity of being heard, yet, the principle of audi alterem partem mandates that no one shall be condemned unheard. An order passed by the passport authority revoking a passport l’s subject to judicial review for scrutinizing as to whether the order is malafide or for collateral purposes or that the reasons assigned for the order are extraneous and have no relevance to public interest or public policy. Ekushey Television Ltd. & ano. The petitioner-company was still seeking the permission of Bangladesh Bank to include them in its Board of Directors. 1. It was already governed by the restrictions imposed by section 25(3) of the Act. the viability of the theory of fundamentally is bound to erodeâ The experience Khulna. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. 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