Consequently, the law of restitution of conjugal rights is repugnant to the Constitution and as such void. 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. 70-34); 45 S. Cal. This sorry state of affairs cannot be approved. (1981) A.I.R. Any act or omission contrary thereto will be violative of the said right to life. As the year unfolded, the ““politics of the street”” increasingly supplanted the country's fragile democratic institutions. 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. An offence as defined in the General Clauses act means an act or omission made punishable by law for the time being in force. the viability of the theory of fundamentally is bound to erode– The experience After exhausting all available remedies the petitioner can 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. 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. 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. Facility delivery is increasing in Bangladesh phenomenally—currently at 45%, 4 which was 37% in 2014 5 and even lower, at only 9%, in 2004 6 —which opens a window of opportunity to provide BCG vaccines at birth. of note-books may well be construed as imposing reasonable restrictions against the possibility of the copy. Right to life in Article3l means right to sound mind and health. 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. 1958(SC) 36; 29 DLR (SC) 11; A.I.R. it is a simple case of investment, and like every investment the investment in ETV has its own risk. the mandate of the Constitution–The entire Constitution is to be looked into in the right to freedom of expression, assembly, association, movement and profession Distinction between Human rights and Fundamental rights What the note-book writers are doing is not merely reproducing the contents of the author, but they are making notes, comments, annotations, explanations and opinions on the original works of the authors. A member of Freedom of speech and expression and freedom of the press as enshrined in clause (2) of Article 39 of the Constitution mean and include expression, publication, distribution and circulation of anything and any idea of any sort subject to the restrictions that may be imposed by law for securing any of the eight purposes enumerated in clause (2) of Article 39 of the Constitution. 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. 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. 3[The Bangladesh Jute Export Corporation Order, 1972 (P.O. violation of fundamental right resulting from application of a disciplinary law 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. (dissenting from the majority view). Saleha Begum Vs The Chairman, First Court of Settlement, Dhaka and another, 17 BLD (HCD) 241. of constitutional amendment–Articles 44 and 114 to be read together to find out amendment is hit by Article 114–Setting up of subordinate Courts by law or the maintenance of discipline. Carew and Company (Bangladesh) Ltd Vs The Chairman, Labour Court and ors, 19 BLD (HCD) 30. 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. 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. Dewanbagh Darbar Sharif and another v. The Government of the people’s Republic of Bangladesh and ors, 22 BLD (HCD) 401. 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. CrPC no such restriction on the right of a citizen can be imposed. Secretary, Ministry of Finance and others Vs Mr. Md. 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. of judicial remedy. 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. Reasonable restrictions may be imposed in the interest of public order. 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. 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. (Article 27), Uganda (Article 14) and Ukraine (Article 48). been exhausted including appeal to the administrative superior. Shahjahan Ali Khan and others Vs Govt. In Article 35(2) the words ‘prosecution’ and ‘punishment’ have been used concerning an offence. R. 1982 (SC) 149; 401 O.S. Muharris being manifestly different, the basis - of their classification is very real and not illusory and the impugned order is not violative of the ‘Equal Opportunity Clause’. There cannot be any political party which is an essential institution of democracy, without the right to form associations. A. occurring in Article 114 must not be of co–ordinate jurisdiction or compete Second Amendment: The actual Constitution did not have any prerequisite for declaration of state of emergency and defensive detention. any disciplined force will not be entitled to any remedy if he is aggrieved by (5) of Article 100 is inconsistent with Articles 44 and 114. 13 There is extensive use of pesticides in agriculture. On July 15, 1973 Bangladesh amended its constitution for the first time to ease the process of the war crimes trials. The Secretary, Ministry of Jute, Government of Bangladesh and others, 18 BLD (HCD) 183. The right of assembly, meetings and processions are not absolute they are regulated by law. Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 14 BLD (AD) 117. 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. Mymensingh . Courts, the Supreme Court and the High Court, in a unitary state by 16 of 1972 and Ordinance 54 of 1985, but also violative of her fundamental right to hold property. 2[The Bangladesh Nationalised and Private Organisations (Regulation of Salary of Employees) Order, 1972 (P.O. Masdar Hossain & others, 20 BLD (AD) 104. When money talks Judiciary must not balk. Article 27: Equality before law, Article 28: Discrimination on grounds of religion, sex, caste etc, Article 39: Freedom of thought and conscience, and of speech. Bangladesh Passport Order, 1973, Articles—3,7 (1) (2). A fundamental right can never be invoked for violating any provision of law or other mans right under the law. relating to the judiciary embodied in Article 94 by adding alien concept by way The professional misconduct, under a service rule  might amount to a criminal offence, the courts are there to deal with it. Harun-or-Rashid Vs. I of 1977 was 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. Be sides the petitioner-company was formed in 1995 after the Arthik Protisthan Ain 1993 was enacted on 30.9.93. Division under Article 102". 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. 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. 2-5 as its directors. 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. Interpretation The impugned Act by putting the restriction on printing, publishing etc. 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. 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 amended notification published by the University, by which respondent No. 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 petitioner company was formed knowingly and voluntarily under the restrictive provisions of the Act. Article 26 to 47 of Bangladesh constitution confers a number of substantive fundamental rights on every citizen of Bangladesh e.g. 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. Abandoned Buildings (supplementary provisions) Ordinance, 1985, Sections—5 and 7. 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. (Per Mahmudul Amin Choudhury, CJ). The State may not, by affirmative action’s, be compellable to provide adequate means of livelihood or work to the citizens. 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. 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. 2-5 as nominee-directors. 1987 (SC) 111, AIR 1986 (SC) 1571; AIR 1988(SC) 286; 43 DLR(AD)164—Cited. Vs. State of Kerala and ors, A1R1997 (Kerala) 291; A1R1998 (SC) page 1984; State of Texas Vs. Johnson, 491U.S.A. [Per A. T. M. Afzal, C.J]. Ref: 4BLT (AD) (1996)58; 50 DLR 306; Dr. Mohiuddin Faroque’s case 49 DLR(AD)l; Kazi Mukhlesur Rahman, 26DLR (AD) 44. Ekushey Television Ltd. & ano. [Per Latifur Rahman, 3. 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. 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. 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. Download Forms. Ref: A.I.R., (38) 1951 Pepsu 59; A.I.R. Saving for certain laws (Article-47) Inapplicability of certain articles (Article-47A) ... Bangladesh's company law has its roots in the Joint Stock Companies Act 1844 enacted by the Parliament of the United Kingdom. Freedom of speech and expressions as enshrined in Article 39(l)(a) of the Constitution are significant expressions that go at the root of one’s ‘thought and feeling’ in promoting the cause of literature, art or human thought such as, painting, sculpture, music and any form of art. Bank and others vs Mohammad Abdul Mannan 46 DLR (AD) 1. 50 of 1972)]. L. Rev. Article—36. Ref: 43 DLR (AD) 126; 26 DLR (SC) 44; S.P. Bangladesh Bank Order and The Bangladesh Bank (Staff) Regulations Regulation 12(u). Khulna. Raj Kumar Behani Vs. Bangladesh and others, 15 BLD (HCD) 613. India also enshrined the food-related provision in Article 47 which is within the part of the directive principles of its Constitution. interpreting the Constitution. As the writ petitioner was not an applicant for establishing a bank, the question of discrimination towards him does not arise. Nurun Nahar Zaman Vs. Sub–article (1) The State shall endeavour to ensure equality of opportunity to all citizens. This right is also recognised by the Bangladesh Passport Order, 1973. The dictum of restitution of conjugal rights is a violation of the concept of liberty, freedom, equality and social justice enshrined in our Constitution. Courts created by sub–article(5) of Article 100–Constitutionality of amendment–­The conducted with a duly issued search warrant by a competent court under section 1929 (Lah) 705; Ishtikhar Uddin Vs. Crown, 6 DLR (WP) 127;, Chand Shah Vs. Crown, 8 DLR (FC) 24; KhaBlur Rahman Vs. Sadeq Sarkar, 18 BLD (HCD) 32. Bangladesh Forms and Publications Office. 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. Every citizen has the freedom of expression which is guaranteed under Article 39 of the Constitution. immune from judicial review. All citizens of the country shall enjoy a fundamental right to enter upon any lawful profession or occupation and to conduct any lawful trade or business. Mofizul Islam Vs The Secretary, Ministry of Land & ors, 21 BLD (HCD) 159. The nature and character of their function are different. 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. Bangladesh - Bangladesh - The Pakistani period, 1947–71: Although the boundaries of East Bengal were based ostensibly on religion, they did not entirely reflect it. (Per B.B. It follows therefore that everyone is free to propagate and circulate his own ideas and thought, by word of mouth, writing or in any form he likes. of introducing 'Permanent Benches'–The amendment has also expressly contravened The judicial service as part of the service of the Republic has been distinctly treated in Articles 140, 133 and 137 of the Constitution. Hashmat Ali (Retired) of Bangladesh Army Medical Corps vs Government of Bangla­desh 16 of 1972 and inclusion of the same in the list of abandoned buildings when the house does not fall within the mischief of abandoned buildings violates fundamental right of such a person to hold property. Dr. Mohiuddin Farooque, v. Bangladesh and others, 22 BLD (HCD) 534. Part x: Amendment of the Constitution Features of Bangladesh Constitution. The right of free association is closely allied with the freedom of speech as guaranteed under Article 39 of the Constitution. any decision of a Court unless the decision is coram non Judice or malafide, or Shaikh Md. This right is always subject to any restrictions imposed by law. 1958 (SC) 578; 1962 (SC) 305;—Cited. Professor Nurul Islam Vs Government of Bangladesh and ors, 20 BLD (HCD) 377. Khan vs Ministry of Home Affairs 43 DLR 131. 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. 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. 754; PLD 1992 (Karachi) 54; (1968) 2 QB 118; (1971) 1 WLR 1037; (1973) QB 241; (1976) 1 WLR 550; [1981] 2 All ER 93; [1990] 1 All. It was adopted on 4 November 1972 and effective from 16 December 1972. The State, 33 DLR 12; State Vs Emdad Ali Bepari, 36 DLR333—Cited. The 'exhaustion M. Saleem Ullah Vs. Bangladesh and another, 15 BLD (HCD) 108. | Designed & Developed by SIZRAM SOLUTIONS. 1966 (SC) 1910; Emperor Vs. Sukhdev and others, AIR. The law of restitution of conjugal rights is a violation of the concept of social justice as enunciated in the preamble of the Constitution as well as under Article 27 of the Constitution, providing equal protection of law to all citizens. Rangpur. of abandoning this Supreme Court and establishing two altogether different The petitioner-company was still seeking the permission of Bangladesh Bank to include them in its Board of Directors. 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. Dr. Mohiuddin Farooque Vs. Bangladesh, 16 BLD (HCD) 490. 1957 (SC) 628; 70 C.W.N. 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. 454 that “Article 37 provides that the directive principles, though not enforceable by any Court, are nevertheless fundamental in the Governance of the country. right of the Text Book Board being infringed as would be permissible under Article 39(2) of the Constitution. Ref: Smt. of a member of the disciplined force and, as such, the order impugned here is not Md. 397(1989)—cited. Article 26 to 47 of Bangladesh constitution confers a number of substantive fundamental rights on every citizen of Bangladesh e.g. attempt to move this Court for enforcement of fundamental rights. 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. 450 (1972); (1880) 14 Ch. 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. Transparency and accountability must be ensured in all actions by public bodies. Articles 44(1)(2), 100(5), 102 and 114–­. It was later influenced by the Companies Act 1857, Companies Act 1913 and Companies Act 1929. 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. 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; 1. Anwar this Article does not apply in a case where the order is passed for promotion This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Bangladesh Biman Employees (Service) Regulations, 1979, Regulation—18(c). AIR 198 1(SC)2 198. By issuing an admit card to a candidate in Government service over 40 years of age and. Since the profession or occupation of the sex-workers has not been declared unlawful by any enactment, though it appears to be immoral, it cannot be said that this profession is unlawful and as such the sex-workers are entitled to be protected under Articles 32 and 40 of the Constitution. Bangladesh's public life in 2006 was dominated by furious jockeying for political advantage in the face of upcoming elections slated for January 2007. By year's end, political tumult posed a serious threat to the future of Bangladeshi democracy. The substantive legal principle in this regard is that every person is subject to the ordinary law within the jurisdiction. 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. the right to freedom of expression, assembly, association, movement and profession Distinction between Human rights and Fundamental rights 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. Alhaj Habibur Rahman and others v. The Secretary, Ministry of Environment and Forest and others, 22 BLD (HCD) 521. 1986(SC) 180; A.I.R. E.R. T. M. Afzal, C.J ], Colombo, Sri Lanka, PP ;! The street ” ” increasingly supplanted the country 's fragile democratic institutions laws enacted in.. 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