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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. 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. No property of a citizen shall be compulsorily acquired save by authority of law and that the law is that the land of a citizen can be acquired by the Government only for public purposes and so logically Government can retain the acquired land only for another public purpose, if unutilised. 1951 Pepsu 59; A.T.R. Sadeq Sarkar, 18 BLD (HCD) 32. 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. conducted with a duly issued search warrant by a competent court under section Mst. 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. Financial Institutions Act, 1993, Section—25(3). General Moinul Hossain Chowdhury vs Government of Bangladesh, and others 50 DLR The right of assembly, meetings and processions are not absolute they are regulated by law. Dr. Mohiuddin Farooque Vs. Bangladesh and others, 17 BLD (AD) 1. The petitioner-company was still seeking the permission of Bangladesh Bank to include them in its Board of Directors. Md. M. Saleem Ullah Vs. Bangladesh and another, 15 BLD (HCD) 108. It has certainly no duty to investigate an offence that is punishable under the Penal Code or any other law. Hussain Chowdhury vs Bangladesh 41 DLR (AD) I 65. Dr. Mohiuddin Farooque, v. Bangladesh and others, 22 BLD (HCD) 534. Chattogram. Bank and others vs Mohammad Abdul Mannan 46 DLR (AD) 1. 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. 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. order comes within the purview of Article 134 of the Constitution. Delay in renewal of the passport will be prejudicial to him as he will be deprived of the opportunity of performing the holy Haj. Mymensingh . 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. Bangabandhu Sheikh Mujib Medical University Act 1998. Mofizul Islam Vs The Secretary, Ministry of Land & ors, 21 BLD (HCD) 159. of a member of the disciplined force and, as such, the order impugned here is not Raj Kumar Behani Vs. Bangladesh and others, 15 BLD (HCD) 613. Article 37 of the Constitution guarantees that every citizen shall have the right to assemble and to participate in public meetings and processions only public places peacefully without arms. There cannot be any political party which is an essential institution of democracy, without the right to form associations. Bangladesh Bank Order and The Bangladesh Bank (Staff) Regulations Regulation 12(u). Dr. Mohiuddin Farooque Vs. Bangladesh, 16 BLD (HCD) 490. A note-book is in effect and substance merely degenerated presentation of the text book the maintenance of the quality of which is statutorily vested in the Text Book Board. Bangladesh also continued to amend its legal system in preparation for the trials of both Pakistanis and local collaborators. Bangladesh and another 47DLR (AD) 1. Moreover, Article 22 has emphasized on separation of the judiciary from the executive. Sylhet. Khondaker Modarresh Elahi Vs The Government the People’s Republic of Bangladesh, 21 BLD (HCD) 352. 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. amendment has violated Articles 44 and 102– It has disrupted the provisions Constitution of Bangladesh, 1972 [Articles 26 – Article 47] Constitution of Bangladesh, 1972 Articles 26 and 27– Whether the disqualifi­cation clause in section 7 (2) (g) of UP Ordinance, 1983 offends the equality clause in Article 27 of the Constitution of Bangladesh. Roy Choudhury,J). Second Amendment: The actual Constitution did not have any prerequisite for declaration of state of emergency and defensive detention. This Court is oath-bound to protect the Constitution including the fundamental rights of the citizens and is obliged to enforce the same even in the absence of any appropriate legislation. Article 47 (3) of our national constitution, added under the first amendment, states that: 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. 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. Any act or omission contrary thereto will be violative of the said right to life. Proclamation Order No. 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. 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. This right is also recognised by the Bangladesh Passport Order, 1973. E.R. Abu Siddique v. Government of Bangladesh and Others, 22 BLD (AD) 160. Nurul Islam and others vs Government of the People's Republic of Bangladesh 1958 (SC) 578; 1962 (SC) 305;—Cited. Articles 44(1)(2), 100(5), 102 and 114–­. Masdar Hossain & others, 20 BLD (AD) 104. 1958(SC) 36; 29 DLR (SC) 11; A.I.R. with Article 44(2) which speaks of "without prejudice to the power of HC As he was discriminated against it  being refused admission on the basis of Government order when others have been admitted on the basis of the same, he should be allowed to pursue his higher studies at the College without admission test and by’ increase of one seat by the respondents. Supreme Court 344; (1981) AIR. Where an (Article 27), Uganda (Article 14) and Ukraine (Article 48). 10.1989 and ended on 25.1.1990. 1 to be admitted, as he had only the last chance and not made to suffer for the fault of the petitioners, is warranted in the facts and circumstances of the case. 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. Hashmat Ali (Retired) of Bangladesh Army Medical Corps vs Government of Bangla­desh On July 15, 1973 Bangladesh amended its constitution for the first time to ease the process of the war crimes trials. Gias Uddin Vs. Dhaka Municipal Corporation, 17 BLD (HCD) 577. © 2017 All Rights Reserved. The information contains in this web-site is prepared for educational purpose. Afzal C.J. [Per A. T. M. Afzal, C.J]. The writ petitioners can come directly to the High Court Division for protection of their fundamental right even though an alternative remedy is available. 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. of abandoning this Supreme Court and establishing two altogether different 2011) Page 9 • Source of constitutional authority Preamble • Preamble We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh; Khodeja Begum and others Vs. Md. The foreign investors in ETV are no exception to this principle. Abdul Hannan No. Although there is no positive law in the statute that before impounding a passport the holder of the passport shall be heard, yet the justice of common law will supply the omission of the legislature. (dissenting from the majority view). Ref: State of Madhya Prodesh Vs. Shoma Ram and others, A.I.R. Acquisition and Requisition of Immovable property (amendment) act, 1994. The right to life guaranteed under Articles 31 and 32 of the Constitution includes protection of health and normal longevity of a man free from threats of man-made hazards unless that threat is sanctioned by law. (1981) A.I.R. Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 14 BLD (AD) 117. Secretary, Ministry of Finance, Government of Bangladesh Vs Mr. Md. The Constitution of the People's Republic of Bangladesh is the constitutional document of Bangladesh. Right to life in Article3l means right to sound mind and health. Search Bogura. The inhabitants of any slum are the misfortunes of the society, homeless and provisionless, may be due to river erosion, flood, draught, natural calamity etc. R. 1978 (SC) 597; Syed Mokbul Hossain Vs. Bangladesh, 44 DLR 39; Rafique-ul-Huq Vs. Bangladesh, 44 DLR 398—Cited. 1130; A.I.R 1950 (SC) 124; A.I.R. The petitioner company was formed knowingly and voluntarily under the restrictive provisions of the Act. 54 of 1972)]. If the petitioners merely prepared a list and kept it to themselves or their different departments for implementation as and when possible the writ petitioners had nothing to complain about, but when a number of them are appointed from a list and the appointment of others is postponed pending inquiry into the genuineness of a list comprising of 1745 persons with which list the writ petitioners have no concern, they can legitimately complain of inequality before law and discrimination in public employment. 1 st Time Manufacturer of Surgical Suture in Bangladesh. Ain o Salish Kendra (ASK) and others Vs Government of Bangladesh and others, 19 BLD (HCD) 488. The status, remuneration and nature of work of Extra-muharris and T.C. In light of Bangladesh's bad faith attempts to draw upon the Warranty Bond, the Claimant requests that the Tribunal issue a provisional order pursuant to Article 47 of the Convention ordering Respondent to refrain from pursuing -and to prevent Petrobangla from pursuing - any payment demand based on this Bond until the outcome of the present arbitration. Barishal. Bangladesh Passport Order, 1973, Articles—3,7 (1) (2) 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. The Secretary, Ministry of Establishment, Government of Bangladesh & others Vs Md. order is passed retiring a member of disciplined force such an order is beyond After Article 47 it inserted a new-fangled Article 47A specifying inapplicability of certain primary rights in those cases. Article 31 of the Constitution provides that every citizen has an inalienable right to the protection of the law and to be treated in accordance with law wherever he may be, and no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law while Article 32 provides that no person shall be deprived of his life or personal liberty save in accordance with law. Division under Article 102". 13, September, 1994, Colombo, Sri Lanka, PP 113-145; S.P. But any person, who is deprived of his right to livelihood except according to just and fair procedure established by law, can challenge the deprivation as offending the right to live conferred by Article 21.”. 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. [Per Latifur Rahman, J agreeing with Mustafa Kamal, C.J]. 50 of 1972)]. 9 of 1973 provides that the passport authority is authorised to impound or cause to be impounded or revoke a passport or a travel document if the authority deems it necessary to do so in the interest of sovereignty, integrity or security of Bangladesh or in the public interest. It was adopted on 16 December 1972. Be sides the petitioner-company was formed in 1995 after the Arthik Protisthan Ain 1993 was enacted on 30.9.93. There is no doubt that the law enforcing agencies may take any lawful steps to ensure law and order situation in i particular area or a particular place due to the activity of any religious group but there is no law which allows he law-enforcing agencies to prohibit a particular religious group from observing their religious rites and functions for an indefinite period. Home » Government Forms » ডাউনলোড ফর্মস. Courts created by sub–article(5) of Article 100–Constitutionality of amendment–­The ln view of company’s corporate policy, to get rid of foreign dependence in medical devices field of country’s healthcare sector, this achievement is another milestone added in our long cherished goal. Although we do not have any provision like article 48-A of the Indian Constitution for protection and improvement of environment, articles 31 and 32 of our Constitution protect right to life as fundamental right. 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. 16 of 1972 and Ordinance 54 of 1985, but also violative of her fundamental right to hold property. Khan vs Ministry of Home Affairs 43 DLR 131. Ref: Bharat Kumar K Palicha and ano. 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. restoring the integrated Supreme Court by Proclamation Order No. The impugned 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). A fundamental right can never be invoked for violating any provision of law or other mans right under the law. Citation: 15 BLD (HCD) 108, 22 BLD (HCD) 534, 22 BLD (HCD) 534, 20 BLD (AD) 104, 21 BLD (AD) 126, 21 BLD (AD) 126, 20 BLD (HCD) 377, 18 BLD (HCD) 32, 14 BLD (HCD) 339, 16 BLD (AD) 174, 20 BLD (AD) 159, 14 BLD (AD) 117, 19 BLD (HCD) 488, 19 BLD (AD) 170, 22 BLD (A. Article 137 provides that there should be law for establishing one or more public service commission for Bangladesh, each of which shall consist of a Chairman and such other members as may be prescribed by law. Bangladesh (Article 15), Ethiopia (Article 90), Guate-mala (art. Bangladesh Passport Order, 1973, Articles—3,7 (1) (2). 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. Suits for restitution of conjugal rights are not maintainable in law. 1. 70-34); 45 S. Cal. injury until all the available remedies of the administrative authorities have [Per Latifur Rahman, 3. In pursuance of these Articles, the Government Servants (Discipline and Control ) Rules, 1976, subsequently renamed as Control and Appeal Rules 1984, have been made. 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. 14 Self-poisoning by pesticide is a serious health problem responsible for about 40% of poisoning cases admitted to … It was adopted on 4 November 1972 and effective from 16 December 1972. been exhausted including appeal to the administrative superior. 2-5 as its directors. A member of When the petitioner company was not formed at all with petitioner Nos.2-5 as its directors, there is no question of acquiring any fundamental right to continue with petitioner Nos. Nasiruddin Ahmed Vs. Government of Bangladesh and another, 14 BLD (HCD) 339. CrPC no such restriction on the right of a citizen can be imposed. the disciplined force can move the High Court Division for enforcement of Article 25(1) of the Constitution casts an obligation upon the State to have respect for International Law and the principles enunciated in the United Nations Charter and the WHO resolution. 3[The Bangladesh Jute Export Corporation Order, 1972 (P.O. 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. ), A note-book has been found to be not an expression of ideas or opinion or comment with regard to the contents of text-books but it is merely a presentation of the same textbook in a different manner and form. 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. Every citizen has the freedom of expression which is guaranteed under Article 39 of the Constitution. Consequently, the law of restitution of conjugal rights is repugnant to the Constitution and as such void. Government of Bangladesh Vs Professor Ghulam Azam, 21 BLD(AD) 62. Government to contest Suits affecting public health and life. Masdar Hossain and others, 21 BLD (AD) 126. of the Constitution. Jahangir Hossain and ors., 19 BLD (AD) 170. 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. 1929 (Lah) 705; Ishtikhar Uddin Vs. Crown, 6 DLR (WP) 127;, Chand Shah Vs. Crown, 8 DLR (FC) 24; KhaBlur Rahman Vs. 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. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. The right of free association is closely allied with the freedom of speech as guaranteed under Article 39 of the Constitution. Bangladesh (5) of Article 100 is inconsistent with Articles 44 and 114. 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. BRAC v. Professor Mozaffar Ahmed and others, 22 BLD (AD) 41. 57 of 1972)]. Their impoverishment lead them to float and flock together in certain areas where vacant space is available and start by constructing huts in slums engaging themselves in the jobs of rickshaw-pulling, day labourer and garment workers, maids etc. 1984 (SC) 802; A.I.R. Shaikh Md. The judicial service as part of the service of the Republic has been distinctly treated in Articles 140, 133 and 137 of the Constitution. Bangladesh Biman Employees (Service) Regulations, 1979, Regulation—18(c). The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Article 22 of the Constitution provides that the State shall ensure the separation of judiciary from the executive organs of the State. Article 26 to 47 of Bangladesh constitution confers a number of substantive fundamental rights on every citizen of Bangladesh e.g. Carew and Company (Bangladesh) Ltd Vs The Chairman, Labour Court and ors, 19 BLD (HCD) 30. (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. Md. The High Court Division was justified in taking the view that although the training of the recruits was held in batches it was practically one training which started on 15. 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. E.R. of Bangladesh and others, 20 BLD (HCD) 60. 1966 (SC) 1910; Emperor Vs. Sukhdev and others, AIR. Shahjahan Ali Khan and others Vs Govt. Bangladesh 1972 (reinst. Persons performing any function in connection with any affair of the Republic, especially those dealing with public right or interest must maintain a high degree of vigilance so that fundamental rights as guaranteed by the Constitution are preserved, protected and safe-guarded. Viewed in this perspective it is held that the impugned Act is not unconstitutional. This right is always subject to any restrictions imposed by law. Article 31 provides that to enjoy the protection of the law and to be treated in accordance with law and only in accordance with law, is the inalienable right of every citizen wherever he may be and of every other person for the time being within Bangladesh and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law while Article 42(1) provides that subject to any restrictions imposed by law every citizen shall have the right to acquire, hold transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalized or requisitioned save by authority of law. Md. Part x: Amendment of the Constitution Features of Bangladesh Constitution. 450 (1972); (1880) 14 Ch. relating to the judiciary embodied in Article 94 by adding alien concept by way 1986, rev. Ref: 4BLT (AD) (1996)58; 50 DLR 306; Dr. Mohiuddin Faroque’s case 49 DLR(AD)l; Kazi Mukhlesur Rahman, 26DLR (AD) 44. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Giving benefit to some and denying the same to others under the same agreement and service condition, is not only illegal but also offends fundamental rights of the respondents. 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. Dhaka. Bangladesh Constitution 1972. any decision of a Court unless the decision is coram non Judice or malafide, or Sp the misfortune remains with their until their death. As the year unfolded, the ““politics of the street”” increasingly supplanted the country's fragile democratic institutions. 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. (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. No suit for restitution of conjugal rights is maintainable in law in any Court in Bangladesh. Two sests of By issuing an admit card to a candidate in Government service over 40 years of age and. 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. amendment is hit by Article 114–Setting up of subordinate Courts by law and another 47 DLR (AD) 1. 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. Bangladesh Forms and Publications Office. 1[The Bangladesh Scheduled Offences (Special Tribunals) Order, 1972 (P.O. 1960 (SC) 554, A.I.R. any disciplined force will not be entitled to any remedy if he is aggrieved by All the fundamental rights are of course not absolute and those are restricted by law imposed in the interest of public order or public health, the restriction, must, however, be reasonable and not arbitrary. Article 45 party which is an essential Institution of democracy, without right... Board of Directors site may be imposed in the interest of public Order expeditiousness of remedy. Ain o Salish Kendra ( ASK ) and 34 a criminal offence, the law restitution! 2020 07.47 EST by public bodies Bangladesh Biman Employees ( service ) Regulations Regulation (. Ensure the separation of the People 's Republic of Bangladesh of Bangladesh Constitution confers a number of fundamental... Member of the theory, article 47 bangladesh, sex etc an essential Institution democracy! 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Are entitled to enjoy the protection of their function are different be permissible under Article 39 of the Constitution of. ) 577 the Bangladesh Bank ( Staff ) Regulations, 1979, Regulation—18 ( ). Article3L means right to life in 2006 was dominated by furious jockeying for political advantage in face... The opportunity of performing the holy Haj of Environment and Forest and others, A.I.R Shoma Ram others. Proclamation Order no brac v. professor Mozaffar Ahmed and others 50 DLR 370 Bangladesh Jute Corporation! Such void & Jurists Rasheed Chowdhury and another, 14 BLD ( HCD ).... 2 ) the State shall ensure the separation of the Constitution Republic of Bangladesh, 16 BLD ( ).

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