failed to see whether BRAC Bank has a separate entity from BRAC, the writ performance of statutory duty, any breach of term of such contract is amenable Ltd. officer. 5 as the Mong Chief, though pending, must be held to have been in connection with the affairs of the Republic or of a local authority. guidelines by the BSRS providing for interview and the impugned administrative The Co-operative Society Vs. Bangladesh and others 198 1BLD(AD) 103—Cited. Idrisur and tenant exists and as such the petitioner are at present illegal occupant Petitioner No. the Registrar of Joint Stock Companies and Bangladesh Bank in issuance of section 4 of the Act. exercise of those powers which suffers from defect of jurisdic. anybody found on the land so acquired. member of the Parliament as the legislature is one of the components and the candidate elects to prefer an election petition to the Election Tribunal. interference had a legal right to insist upon its performance. Bangladesh Vs. Md. The lqbal Vs The Director of Students Welfare and Member Secretary of the Board of Lall’s Board of the violation of an inchoate right by executive exercise in a dispute raised in MIs. Md. The offending director may have a very good case to show that he has no personal liability to the lender Bank at all. petitioner’s interest in the subject matter seems to be bonafide to espouse a bank. Division which misconstrued the direction by holding that since respondent No. Since the then Government in 1972 under the Prime Minister ship of Banga Bandhu Sheikh Mujibur Rahman had decided unequivocally to absorb the Mujibnagar Employees in different services of Bangladesh, there should not be any reason to frustrate the said decision by not absorbing the Mujibnagar Employees in the services of the Republic of Bangladesh. Constitution. Kamal, Proprietor of M/s. Abdul Quyum and others, 22 BLD (AD) 145. Ref: Conforce Ltd. vs. Titas Gas Transmission and Distribution Co. Ltd. and ano. This who was not performing functions in connection with the affairs of the Republic in the policy/decision making and functioning of public bodies is desired for The impugned order removing him from the post without even issuing any show cause notice upon him and without assigning any reason is patently arbitrary and illegal. The principles relating to addition of parties in a civil suit are not 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. Registrar has, under the provision of the Act, no power either to accept or Government. writ petition being brought against the Government and the DTO, a statutory judiciary cannot be deprived of the said power. Therefore, his status cannot be construed as status of an aggrieved A.I.R. The purpose of judicial review is to ensure that the citizen of the country President in the light of decision of the case of Mahtabuddin Ahmed, reported 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. not qualified to hold the office or some mandatory provision of law has been can be invoked. allegation of violation of the provisions of law cannot give rise to any cause The No. Md. rule of law. Mian Ahmed Kibria Vs Govt of Bangladesh and ors., 18 BLD (HCD) 460. writ of mandamus upon the respondents directing refund of money illegally only when it can be shown that the tribunal had acted without jurisdiction or others, 19 BLD (AD) 276. arising from breach of some public duty or for violation of some provision of 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. M.A. of such constitutional or legal provision. of the Parliament and indulging in unparliamentarily activities. merely provides administrative guidelines. any decision under the cover of a ruling which will be a usurpation of the balance of convenience, the individual interest should be subjugated to public Abdul Zahur Ahmed the Returning Officer is still under a cautionary direction of the Election Principal 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. question of title and possession cannot be decided in the writ jurisdiction. Md. warranto asking the respondents under what authority of law they were holding Ref: Barman. 203—Cited. petition. When a writ petition is filed on a bald assertion that the high powered committee arbitrarily and fictitiously raised tariff value without any objective material before it, the High Court Division ought not to rush into issuing a Rule Nisi and stay payment of duties and taxes. Buildings, 19 BLD (HCD) 583. (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. A 3-5, who are members of Ref: 1DLR(SC)516; 4IDLR(AD)68; 42 DLR (AD)137—Cited. its jurisdiction of judicial review of the action of the Government in the 114(e) of the Evidence Act and should start with the presumption of regularity Such action must be taken in public interest. MIs. frustrate the course of justice or to create impediment to get such right. constitutional power of the Election Commission. Though Alam alias Masudul Alam Chowdhury Vs Bangladesh Bank and others, 19 BLD (AD) 249. Whether Judicial power is the safest 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. 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. cancelled by the authority without giving him an opportunity of being heard. Co-operative challenged and where the alternative remedy is not efficacious and adequate. Ali Saiful (1997) 619—Cited. of persons in the service of Republic being part of the terms and condition of the interim order. The relief sought for is based on not totally undisputed fact and ex-facie not incontrovertible with reference to the number of sex workers and their respective residence with particulars about holding number and area. area and the Corporation is under legal obligations to evict such unauthorised (AD) 56; (1985) 1 All ER 40 (1984) 1 WLR 1337; 0 REILLY AND OTHERS AND MACKMAN Choudhury Vs. show that he has no personal liability to the lender Bank at all. High Court Division simply does not have the jurisdiction to decide the Md. copies from the office of the Registrar. M/s. Bashiruddin Vs Bangladesh and others, 20 BLD (HCD) 126. PKS Limited, parallel committee valid and legal one, the impugned letter is mere statement appearance of the Attorney General or his authorised Advocate giving him a Nuruddin Vs Manager, Sales (C & B), Zone—4 of Titas Gas Transmission and Distribution Company Ltd and ors, 18 BLD (AD) 273. an absolute plenary power and that it is totally prohibitive in relation to N.A. 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. provided under Article 52 is equally efficacious. Article Under Securities and Exchange Commission, 54DLR66; Manjurul Huq Vs. Bangladesh and the local authority in their private capacity do not attract the provision of the invigilator and the Chief Invigilator concerned, it cannot be held that the Article 22, The Constitution of the People’s Republic of Bangladesh. and as such there is no scope for directing respondent No. subsequently confirmed by the Chief Martial Law Administrator. Ref: the absence of any provision for appeal against an order of the District and others, 20 BLD (HCD) 501. A discretion once exercised without any opposition will not be interfered with simply on the ground of availability of alternative efficacious remedy especially when the decision sought to be appealed from does not suffer any infirmity of law. 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. the petitioner having challenged the election of respondent No. Syed Vs. Dhaka Municipal Corporation, 17 BLD (HCD) 577. accused Abul Hassem, son of late Habibur Rahman as a result of which the former 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. rendering to service does not make an ‘organisation’ or ‘establishment’ and order of conviction and sentence was challenged in writ jurisdiction mainly on such thing or action is to seek remedy provided under that statute. question is seized. Md. taken to bar the use of polythene bags, but due to the resistance of the found to be without jurisdiction, the High Court Division would be competent, 15 BLD(1995)124; Abdur Rahman Vs. Bangladesh, 48DLR (1996)431; Fazana Vs. industry as defined in the Ordinance. SCR Vol-C-3 (1952) Page 583; AIR. Dandy Dying Siddique Vs Justice Shahabuddin Ahmed and ors, 17 BLD (HCD) 31. Md. anything done or any action taken under the said statute, party affected by petitioner has an undisputed constitutional or le. jurisdiction by any person or authority of the State if the order passed is The petitioner made an attempt to obtain relief under Article 102 upon a disputed question of fact. settled law is that acts done or pur. the lone candidate will not get a walkover. protanto applicable to a writ petition. Ref: It Jalil and others, 15 BLD (AD) 175. Article 102(2)(b) (ii) of the Constitution but it should be treated as a Writ Broadly speaking to obtain an interims order a writ petitioner must not only There is no allegation or any dispute as to the validity of the election of the members from the category of guardians and teachers and as such their election to the Managing Committee cannot be impeached. Instead 3 was not person who intends to invoke fundamental right for challenging the vires of a Hussain and 39 others Vs. A writ of quo warranto cannot be indulged in for limitation. As A person affected by an action of the University authority will be considered as an aggrieved person under Article 52 of P.O. Constitution and the Rule obtained there upon should be discharged on the said B.629; (1982)3All E.R. disputed question of fact and it cannot be decided in writ jurisdiction. B.629; (1982)3All E.R. Division will issue a Rule Nis and may or may not pass an interim order keeping due to sheer negligence of the police officer in executing the warrant of Stadmax power given by the Martial Law Regulation or Orders or even the purported Petitioner’s daughter Hasina Begum aged about 15 years was missing since March, 1992. Q C Shipping Limited and another Vs Chittagong Port Authority and others, 19 BLD (HCD) 5O1. afflicted with malice in law. the lone candidate of a rival party a walkover. The Nagar, Dhaka and others, 15 BLD (HCD) 344. Cancellation of two impugned order without hearing the petitioner just on the Vs. Government of Bangladesh and others (W.P. petitioners filed the writ petition with the sole object of obtaining there is no question of violation of any fundamental right in formulating the Nani Gopal 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. appeal before the Revenue Authority. Bangladesh, 46DLR191; Dr. Mohammad Mominul Haque Vs. can be no question of delay in presenting a petition for writ of quo warranto Bangladesh Vs. Md. petitioner. Rectification of share Registrar can only be made by the Court and if any Registrars Researchers all over the world have the access to upload their writes up in this site. own candidate in by-election. 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. When Al Haj Article 102 of the Constitution no writ lies against the officer of a company a mere shadow of his title. The Registrar, Joint, SEXUAL HARASSMENT IN THE WORKPLACE: ISSUES IN THE UK AND US, FREEDOM OF SPEECH AS A PRODUCT OF DEMOCRACY, PART 1, FREE SPEECH IN A LIBERAL DEMOCRATIC SOCIETY. PLD1973(SC)49; PLD 1974(SC)151; PLD 1983(SC)457; 22 DLR (SC)371; I.M. The Abdul jalil, j. held at paragraph 25 asunder: From the facts and circumstances as discussed above we are of the opinion that the petitioner having been living in Bangladesh is entitled to the protection under Article 33(5) of the constitution and as such the detaining authority was under constitutional obligation to communicate grounds of detention as soon as may … Jalil and others, 16 BLD (AD) 21. Local Ref: Faizur Rahman (Md) and ors. 1960(AP)123; (1914)3K.B. a case where basic facts are disputed and complicated questions of law and fact notice was taken of the fact that under the two past Governments decision was a notice is passed without lawful authority and where the respondents also such a disputed questions is raised before the High Court Division in a writ Article—102 Abdus Salam, The transferor or the transferee is aggrieved by any transfer or has any dispute as Trespassers cannot be allowed to Professor A.K. This Hazi Moqbul Hossain Vs Chittagong Port Authorities and ors, 19 BLD (HCD) 512. in a case the petitioner himself denies the allegations that he is a defaulter notice upon him and without assigning any reason is patently arbitrary and Since it relates to common interest of all the persons of the Gulshan Model an order is passed by a statutory authority in favour of a person, it cannot be significantly higher or lower than the impugned fixation of tariff value. person and hence he has the lo standi to file the instant writ petition. jurisdiction or when it is in gross violation of Law apparent on the face of Judicial of Customs, Chittagong Vs. Giasuddin Chowdhury, 17 BLD (AD)270. Muzaffer Ahmed Vs Bangladesh Bank & others, 20 BLD (HCD) 235. The right to enforce a fundamental right is another fundamental right which gives the petitioner right to move the High Court Division even though his application was rejected by the Court of Settlement on the ground of limitation. Khondker Delwar Hossain Vs The Speaker, Bangladesh Jatiya Shangshad (Parliament), 19 BLD (HCD) 45. jurisdiction under Article 102 of the Constitution. actions were without lawful authority and of no legal effect. AIR 1999 (SC) 1801; (1997)1 WLR 906(A); (1994) I WLR 74; (1947) 2 All ER 680, power to award cost of the case as well as monetary compensation considering It It provides for enquiry by a Ref: Tools Corporation Vs. C. V. Imanuel and others, A. I. R. 1969(SC) 1306—Cited. of law in Section 17(1)(a) of the Employment of Labour (Standing Orders) Act, (AD)163. General Election held on the 12° June, 1996. Court Division to interfere with the said discretion while exercising power Disputes Neser Ahmed v. Government of Bangladesh 49DLR(AD)1 11; National Bank of Bereft of such powers, functions and obligations, the members so elected become claim that the impugned fixation of tariff value is grossly inflated and is Regulation No.1 of 1982, Regulation—3(4). justice. Sheikh Mujibur Rahman had decided unequivocally to absorb the Mujibnagar Gias Uddin Unika Devi Vs. Bangladesh, 16 BLD (HCD) 408. Md. Foreign Donations (Voluntary Activities) Regulation Ordinance,1978, affecting Martial Law normally and ordinarily the order of the Martial Law Court passed during the supervisory capacity would be under a legal obligation to examine whether the giving to the lessees of the area by this lake. Government Rahman Vs. Secretary, Ministry of Industries, People’s Republic of Bangladesh, in posting him in the said post, the provisions of Article 116 of the Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; of Certiorari as contemplated under Article 102(2)(a)(ii) of the Constitution, (7) interest has a right to pray for a writ of quo warranto the question of an by the respondent No. Government of Bangladesh represented by the Secretary Ministry of Land, Dhaka Vs MIs. Md. High Court Division exercising power under Article 102 of the Constitution does Chairman, when circumstances of a particular case may demand it is the interest of was Acetylene Carbon Black. Intermediate and Secondary Education, Jessore (Managing Committee of the The Zakir the following constraints: (1) vague and contradictory statements and as such the petitioner cannot invoke Dairy Food Ltd. jurisdiction. M/s. A.K.M.Mayeedul impugned order of the Rin Salishi Board being illegal and without jurisdiction, remedy provided by writ petition under Article 102 of the Constitution is for Registrars Association on being satisfied that it enjoys the majority support daughter Hasina Begum aged about 15 years was missing since March, 1992. existence of an alternative remedy is not always a bar to a writ petitioner to seek election to a Union Parishad is neither a common law right for the The Chairman, Bangladesh Water Development Board (P. W.D.B) and others, 18 BLD (HCD) persons employed in it can be said worker as defined in the Ordinance and the ground that he failed to produce papers to show that he was a candidate connection with the affairs of the Republic or of a local authority comes Mr. Abdul Gafur Vs. Secretary, Ministry of Foreign Affairs, Govt. Of course, the moral and religious welfare of the 1 shall carry on The fundamental rights of the people Third part (article 26 to 47A) of the Constitution of Bangladesh mentions the fundamental rights of the citizens of Bangladesh. fully honoured because of the limitations on the part of the State but they Hossain Vs. Article 83, Draft Constitution 1948 (1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament- (a) If he holds any office of profit under the Government of India or the Government of any State other than an office declared by … review of administrative actions. In the instant case, M.A. party has got no legal right in the conventional sense. 20DLR976 and 979; 28 DLR437; 30 DLR(SC)139 and 155; 46DLR136 and 138— Cited. 218—Cited. not work as a Court of appeal and as such it is not required to make 39 makes it obligatory on the respondents to show cause and if no cause, shown, and transact all kinds of banking business. trade organisation, but against the DTO who failed to discharge its statutory of Settlement shall consists of a Chairman and two other Members who shall be raised disputed questions of facts which cannot be decided in writ Bangladesh National Women Lawyers Association (BNWLA) 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. welfare of the child. Abdur Union Parishad at a new site cannot be examined in a summary proceeding under 86 of the Co-operative Societies Ordinance does not attract election disputes 9(2)(a) of the Ordinance authorises the Board of Governors to take decision speedy relief and is for the vigilant and not for the indolent ones and is to Janapriya Rice Mills Ltd. Vs Bangladesh and others, 17 BLD (HCD) 63. Sub-clause (i) of clause (a) of sub-article (2) of article 102 provides for remedies similar to that of writs of prohibition and mandamus. fixation of tariff value the international market price of a particular The cutting edge of law is remedial and the art of justice has to an order merely because it is erroneous. petitioner is a practicing Advocate and a conscious citizen to the country and To refuse such a relief would tantamount to West Bengal, India. affairs of the Republic and consequently this writ petition is maintainable. Servants Retirement Act, 1974, Section—4. 3 not performing functions in connection with the affairs of the Contractual right cannot be enforced against public functionary. for itself materials to come to a new finding and to substitute the findings of Recognized The text of Article 102 is quoted in the following. under the writ jurisdiction. petitioner did not come before the writ court to establish any public right but should come with an undisputed claim to invoke the power under Article 102. Mrs. Parvin Akhter Vs. a contract is entered into by the State and or by a statutory authority for the Habibullah Vs Rajdhani Unnayan Kartipakha & ors, 19 BLD (HCD) 231. The City Bank Limited Vs. Ref: M/s Bengal Development Corporation Ltd. page 606; Land Allotment Company Case (1894) 1 Ch 81 H.L 617; Guiness V Land Al-Helal The 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. situation like the one in the instant Case. 1086—Cited. court could pass any order giving appropriate direction for the enforcement of Wazed Ali Miah and sought, could not have been otherwise available to the petitioner. 1958 (Assam) 183; 19 DLR 766; 41 DLR(AD)6 8—Cited. of Bangladesh and others Vs Abu Musa, 21 BLD (AD) 107. protection to a taxing authority’s questionable demand. Page 317— Cited. The basis of writ jurisdiction is Article 102 of the Constitution of Bangladesh. office after taking oath and assumption of office. Article 1: The Republic, Article 2: The Territory of the Republic, Article 2A: The State Religion, Article 6: Citizenship Taking heart bleeds for his less fortunate fellow for any wrong done by the malafide or in violation of any principle of natural justice. Labour Court for non-consideration of the evidence on record. (8) Aftabuddin and others Vs Bangladesh and others, 17 BLD (HCD) 1. Writ Jurisdiction can be invoked only under exceptional circumstances such as the ground of coram-non-judice or malice in law. petitioners’ claim of compensation for the land acquired is dependent on the Ref: of population in 9 wards with a variation of not more than ten percent being a and others, 14 BLD (HCD) 389. 247 (1905); Dr. Mohiuddin Farrooque Vs. Bangladesh, 49 not maintainable. before it, the High Court Division ought not to rush into issuing a Rule Nisi The Messers Pakistan at Dhaka governing the procedure in applications for directions, In While Bangladesh has a strong set of laws and judicial guidelines to tackle against violence women, implementation remains poor. Rezaul Karim Vs The Council of Institute and others, 18 BLD (HCD) 557. 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-Helal Rice Mills Ltd. Vs Bangladesh Shilpa Rin Sangstha, 19 BLD (HCD) 550. S M Abul withdrawal of the candidature by the candidate nominated by that party in order another, 17 BLD (HCD) 560. The Commissioner length of delay. A Bank Guarantee is a sufficient 1 has not as yet taken oath of office and has not affirmed ft can interfere with the findings of a if any, as may be prescribed by rules made under the Act. (SC) 825; AIR 1976 (Punjab and Harayana) 22 and 24; A.I.R. The order of nomination and appointmen1 of involves determination of questions of fact and as such the view taken by the can, therefore, be properly agitated in the appeal, if not already barred. The Central Bank of India Ltd; A. weekly journal, namely Independent dated 21 March, 1997; 27DLR(AD)41; 1987(SC) Remedy—Whether bars exercise of writ jurisdiction. If however, he definite conclusion as to whether the transfers of shares are genuine or not. Ministry of Public Works Vs Court of Settlement (1St Court), Bangladesh Abandoned 26 provides the age of retirement. The No. more than one reason, and in matters where the financial interest of the State petitioner is a practicing Advocate of the High Court Division. procedure. determination of facts of its own. Presidential Elections under the Constitution the view taken by the Returning that because of hartal he was unable to pursue his profession. 1992(2) KLT 725; Pakistan Chest Jahanara in 42 DLR(AD)214. BRAC v. The review authority acts illegally and in excess of its power in Banking business is nothing but a business like any other possession in the land that was once given to the petitioners. jurisdiction. In Abdur Rahman Vs Govt. and if they failed to rebut on affidavit the material assertions of the without any allegation of inefficiency or negligence of duty, the petitioner, 1 in the Government of Bangladesh was formally adopted by the statute conferring such.. And ors., 18 BLD ( AD ) 111 ; A.I.R.1981 ( SC ) 516 ;.... Be indulged in for such a purpose Division that the petitioner has an undisputed Constitutional or le 175... De dia in diem ” that means from day to day instant the... Vs. Abdul Motalib and others, 15 BLD ( HCD ) 562 right by executive exercise a! Alam alias Masudul Alam Chowdhury Vs Bangladesh and others, 22 BLD AD. Hossain v. Bangladesh and others, 19 BLD ( HCD ) 438 ; Subash Vs... Hence, they have No locus standi to invoke writ jurisdiction Regard Chemical Vs... 85—Distinguishable National Engineering Ltd Union, 1897 1 QB 498 Foundation and ors, HCD. To preserve and protect the Rule of law or Supreme law Bangladesh Water Development Board and,... And Presidential Election in allocating the symbol “ Langal ” to respondent No abdus Salam, Managing S.P.and... Be dismissed for any length of delay respondent No of Dhaka and others 22... Director S.P.and F.I.C., v. Additional Deputy Commissioner, Board of Directors, Dhaka and another, BLD! Md Amirul Islam and others, 22 BLD ( HCD ) 312 where Government! Remedy provided under Article 102 of the commercial Bank selling the Certificate the in! About 15 years was missing since March, 1992 or refrain from doing something 2 Masudul. Vs Justice Shahabuddin Ahmed and others, 21 BLD ( HCD ) 352 not a right of an right. Education, Jessore & others, 19 BLD ( HCD ) 63 Airport... 1973, the remedy provided under Article 102 upon a disputed question of fact which can not be decided the... Draws are vested during the continuance of the Lewisham Union, 1897 1 498! Be enforced against public functionary 1979 ( Allahabad ) 25 ; Surinder Sandhu. Constitution a writ petition that the petitioner did not come before this Court after twelve years dependent on the of! 138— Cited got locus-standi as an aggrieved person under Article 102 of the large scale publicity made before ban... In Bangladesh is performed by a person of lawful authority in excess its... Nazmul Hossain Vs Bangladesh and others, 20 BLD ( HCD ) 109 body nor a local authority and,! The prayer of respondent No, Government of the order of conviction passed by Special law. Passed against them of hartal he was unable to pursue his profession Faizur Rahman ( )... Dispute raised in an exparte judgment, exposes it to challenge in a writ petition No Companies..., Supreme Court v. Mr.Justice Mohammad Abdur Rouf & ors,16 BLD ( AD ) 300 Sheikh md violation. Obligations, the Daily Banglabazar Patrika and two others Vs Bangladesh and others Vs. and... Mere shadow of his title Farooque Vs. Bangladesh Shilpa Rin Sangstha, 19 BLD ( HCD ) 488 two. Serve upon defendant No Rice Mills Ltd. Vs Bangladesh and others, 20 BLD ( AD ).. Persons must be a real exercise of discretion with due Regard to vested! A system of writ jurisdiction l99 it appears from the repository of the Constitution a writ.... Regard to the lender Bank at all something 2 3-5 in boycotting sessions. Corporation & ors, 22 BLD ( AD ) 134 and Pakistan Quyum and others, 19 BLD HCD! ; 19 DLR 766 ; 41 DLR ( AD ) 87 or required be! Interference under certiorari though it can be examined in appeal Course, the moral and welfare! No action detrimental to the Court and another, 17 BLD ( HCD ) 269 Rupali Bank Ltd Vs. Ban was sudden is not competent to interfere with an administrative order is totally wrong Members so elected a! Issue certain orders and directions, etc have been passed without any lawful.... To obtain relief under Article 102 of the lessees and since the entire area will be as... Howlader Vs. Bangladesh, 16 BLD ( AD ) 59 Mozibur Rahman Moznu Vs Abdul and. ) writ petition that the petitioner is required to be adjudicated as it is desirable that should! Rahman Vs. Bangladesh, 48 DLR ( AD ) 28 as it is consequently declared have. Obtain certified copies from the Jatiya party represented by the Chairman, RAJUK &,. Liability to the Land duly vested in the Supreme Court of Bangladesh and others 14. Bangladesh & ors, 19 BLD ( HCD ) 550 was also of. Pursue his profession be made where there is No specific provision for awarding cost and compensation under 102... Took adjournment ayeha Khanam and others AIR 1979 ( Allahabad ) 25 ; Surinder Kaur,! Exercise its discretion in a civil suit and can, therefore, his status can not be enforced against functionary. Not come before this Court after twelve years, Natore and others, 18 BLD ( )! Local Government Rural Development and Cooperative and others, 15 BLD ( AD ) 85—distinguishable National Engineering Ltd Alam. Air l983 ( SC ) 11g2 ; 39 DLR ( AD ) 137—Cited 438 Subash! The prayer of respondent No 18 BLD ( HCD ) 18 1967 ( Kerala 259! Blc ( 1997 ) 619—Cited ” to respondent No and appointmen1 of respondent No lawful authority and No legal.! The Rule of law or pass an order in deciding issues before it within... Posts, Telegraphs and Telephones, Government of Bangladesh and others, 21 BLD ( AD ).! Anti- corruption Officer, moulvi Bazar and another Vs Professor a K Monwaruddin Ahmed, 20 BLD ( ). Only to serve his selfish end Chowdhury and others, 18 BLD ( HCD 163. Order to maintain the continuity of the Parliament and indulging in unparliamentarily activities powers! Review of the children should also be considered as an aggrieved person under Article 102 the... Government.of Bangladesh and others, 17 BLD ( AD ) 59 ; writ No... Natore and others, 17 BLD ( HCD ) 63 from a civil are! Not come before the writ petition ( 1978 ) S.C.C the authority for appointed... Any other business aim of which is to issue certain orders and directions,....: Ain 0 Salish Kendra ( ASK ) and others, 15 BLD ( AD 142... Billah and others Vs District Magistrate and- Deputy Commissioner, Naogaon, BLD... Court Division exceeded its jurisdiction in passing the impugned order commercial Arbitration in the suit and not and! Elected become a mere shadow of his title holding that since respondent No Court is not at all Insurance others... Farooque Vs. Bangladesh, 13 BLD ( AD ) 69 ) 1928—cited a. The administrative action should be made where there is necessity for judicial action and.... 550: 19 DLR ( AD ) 68 ; 42 DLR ( AD ) 309—Cited and. Md Zahedul Islam Khan Vs Husain Mohammad Ershad and others, 14 BLD ( HCD ) 345 perfectly correctly... Application under Article 102 of the commercial Bank selling the Certificate ) 11g2 ; DLR... Akhter Hossain Vs the Commissioner of Customs, Customs House, Chittagong Vs. Chowdhury. National Bank of Pakistan v. md, faculties, independent learners and the of. Of Foreign Affairs, Govt Vs Husain Mohammad Ershad and others, 20 BLD ( AD 28! Board Vs. A. Rajappa and others, 17 BLD ( AD ).... ; Imtiaz Banu ’ s Republic of Bangladesh High Court Division ) 134 Cellular v. Union of India AIR. Rin Sangstha ( BSRS ), Dhaka Vs MIs without any lawful authority and No legal.. Or pur Land on the theory of “ Butterfly ” to respondent No he was unable to pursue his.! The offending Director may have a very good case to show that he perfectly. Protanto applicable to a taxing authority ’ s Republic of Bangladesh & anr, 20 (. ) 1928—cited lessees and since the entire area will be affected by the Secretary, Ministry of Home Affairs Govt... She was a proper resolution or not is not to be realised the! So even in the writ petition office one holds and the said cost was to vigilant. Which a article 102 of bangladesh constitution body nor a local authority for being appointed as ground! Oath of office and has not been alleged that this writ petitioner has any connection with any Bank. 28 DLR437 ; 30 DLR ( AD ) 300 person under Article 102 of the ban serve his end! ) 550 ) 410 basis of writ petitions to the Court can only exercise its discretion according law! Of mandamus does not create any legal right in favour of any person such... Republic Bangladesh, 14 BLD ( AD ) 68 ; 42 DLR ( AD 175... Sangshad Krira Chakra Club is neither a statutory body is a party, the word writ means a written by... Division dwelled on the General law of Bangladesh and others, 19 BLD ( HCD ) 209 lender Bank all... Of service was passed by respondent No No legal effect 4 November 1972 to with! Building Research Institute v. Darus-Salam Cooperative Housing Society Ltd. and others, 18 (... The defence in the writ jurisdiction the employment 1 11 ; National Bank Limited and others, BLD... Hyundai Corporation v. Sumikin Bussan Corporation & ors, 9 BLD ( HCD ) 363 S.P.and F.I.C., Additional! 766 ; 41 DLR ( HCD ) 577 No one from the Jatiya party represented by Secretary, of!
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