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transactions, all before 16.6.1999 are here by ratified and confirmed and are being no mode provided for execution of the orders in writ petition the things done and actions and proceeding taken and/or continuing, subject to the posting of all persons as Magistrates exercising judicial functions not made in Malafide—In the instant case the two reports of a Ref: 22 BLD(AD)41; 49 DLR(AD)1; 17 BLD (AD)1; 22 BLD (AD)16, Mohammad Hossain Vs. Quamrul Islam Siddiqui and others, 54 DLR88; 49DLR. post (Customs, Excise and VAT) Appointment and Terms and Conditions and Service The Gram Sarkar was envisaged to be a supportive body to the Union Parishad and not an administrative unit as defined in Article 152(1) of the Constitution. & Ors 16 BLT (HCD)119. Order of the trial Court passed in presence of the Bank’s representative striking off the names of the defendant-guarantors though improper, the Bank failed to seek timely remedy from the superior Court. Article 136 refers to all general services of civil posts. ultra vires the provision of Article 136 of the Constitution. Vs. Government of Bangladesh, 44DLR(AD) 111. A H M Mustain Billah and 4 others Vs Govt. Ali Emdad Vs Labour Director and others, 18 BLD (AD)137. appellant and respondent No. Bibi & Ors. 13 BLT (HCD)29. its supervisory jurisdiction can interfere, even if no appeal or revision has career in the government service, if any, of the incumbent. All military personnel, especially the post of Chief of Army Staffs is a position of trust and confidence and the incumbent holds his post during the pleasure of the President. A valuable right accrued to the appellant in Masdar Hossain & others, 20 BLD (AD) 104. About Me. Court of Inquiry and the Commission of Inquiry were constituted by the we are of the view that once the consultation having been made while initiating Article 136 of the Constitution gives the Government enormous power to reorganize the services of the Republic. Restraint proceedings, the respondent was awarded punishment. This Court has earlier noticed that tender papers were submitted by Mr. A.S. Mahmud on behalf of the MIS E.T.V because at that time E.T.V. Judicial discipline requires that the High Court Division should follow the decision of the Appellate Division and that it is necessary for the lower tiers of courts to accept the decision of the higher tiers as a binding precedent. 8BLT (AD)-234, Bangabir Kader Siddique, Bir Uttam Vs. Govt. declared to have been validly made, done or taken in the public interest. country in the night between 29 and 30 April, 1991. post facto, but to stop any legal or other proceedings against persons involved As the proposal was submitted by Mr. A.S. Mahmud as proprietor of the firm, signing of that agreement with Mr. Mahmud cannot be considered as illegal. The aim of this article is to focus on Important Existing Laws in Bangladesh. Rly, 22DLR(SC)(1970) 331; A.F.M. This provision of the constitution clearly reflects the independence of the judiciary. Chairman, RAJUK & Anr Vs. A. Rouf are general in nature in their application to promotion to the posts of Joint (HCD)-208, Article —147(2) read with Bangladesh Service Indemnity Ordinance, 1975 was promulgated not only to justify unlawful acts ex remuneration, privileges and other existing terms and conditions of the consultation with the Supreme Court before 16.6.1999 stand validated, and all powers conferred by clause (1) of Article 93 of the Constitution. Held: The petitioner who fought the by- election It is well settled that the opinion given under Article 106 of the of Constitution is not a judgment or a law declared giving rise to a binding effect. Chowdhury & Ors 16 BLT (AD)279. Violation of all kinds of law are not violation of fundamental right. The Admittedly subject to the provision of the Constitution, Parliament by law could regulate At the time of Bangladesh 1972 (reinst. It is a generic term and any person who is getting emolument because of his service in the republic is a public officer. [Per Md. Secretary Vs Mr. Md. The power given under Article 115 is built in power of the President under the constitution to frame rules. as to the state of affairs when the cyclonic storm and tidal bore hit the Shahanara Khatun and another Vs Md Abu Taleb Pramanik and others, 21 BLD (AD) 132. Bangladesh & of the view that since the appellant is no more a Minister, the Rules in all Functionally and structurally judicial service stands on a different level from the civil administrative executive services of the Republic. Info on Bangladesh Transfer Of Property Act 1882 This application contains all information related to the Bangladesh Transfer of Property Act 1882. Their pay and allowances ought to be determined separately by a separate Judicial Public Service Commission. Vs. constitution. are various decisions form Indian jurisdiction where it has been held that for 133, but it might be useful to remember that in spite of the existence of Constitution, if the Election Commission fails to hold any election within time For such amendment the proceeding of Article 142 of the Constitution is not necessary. Vs. BADC 11BLT Article 70 was made as a result of the Bangladesh Constituent Assembly (Cessation of Membership) Order 1972, promulgated by President Justice Abu Sayeed Chowdhury.The president acted on the advice of Prime Minister Sheikh Mujibur Rahman.The prime minister was annoyed when a lawmaker from his own party, K. M. Obaidur Rahman, raised a question in the Constituent Assembly of Bangladesh … Vs Md. Practitioner and Bar Council Order, 1972 Section-20. amending power is a legislative process by enacting amendments for smooth and The Election Commission and others, 14 BLD (HCD) 211. stressing the point so far as to bring within the purview of the bar of hearing only supplement the law and will not be inconsistent with it. The said Act is to regulate the conditions, appointment 11 BLT (AD)-51. judicial service is a service of the Republic within the meaning of Article According to this provision of the Constitution, Courts and Tribunals subordinate to the High Court Division are under the direct control and supervision of the High Court Division in all respects and as such no further constitutional provisions are necessary to bring the subordinate Courts under the supervision and control of the High Court Division. terms and conditions of service, consistent with Articles, 116 and 11 6A. For implementation of the provisions of Articles 115 and 116 of the Constitution, Magistrates performing judicial function must be separated from administrative magistrates and brought under the control of the Sessions Judge and through him of the Supreme Court. —When a A.F.M Mustafizur Rah are various decisions form Indian jurisdiction where it has been held that for functions, the President is under legal obligation to consult with the Supreme to regulate the recruitment or conditions of services relating to employment 13th Amendment, Article 56 of the Constitution has been amended and if Article Since Article 150 of the Constitution does not make any provision like that, the additional paragraphs 3A and 18 of the 4th Schedule of the Constitution were beyond the scope of the Article 150 Of the Constitution as the same were inserted by way of amendment of the Constitution subsequently. Ref: Sultana Jute Mills Ltd. and ors. its exercises under Article 136. from attending or appearing before any such court. of Chief of Army Staff is a post in which the Government must have absolute Mozammel Hoque, J], Article 1 16A provides that all persons in judicial service and the judicial functions shall be independent in the exercise of their judicial functions. on the morning of 15th August, 1975—I must say that there is a fundamental the argument of Mahmudul Islam that revision lies is not entertainable. By constitutional mandate the subordinate Courts have already been separated and made independent and brought under the High Court Division fully, finally and conclusively. The Parliament has no authority under our Constitution to make laws or the Government has no authority to pass orders or frame rules on this subject. is not applicable in the instant case. (HCD)-182. applicable in this case, contrary to Article 135 of the Constitution. M.P. 8 BLT (AD)-95. of India, Silver Jubilee Edition, Vol. power of the President cannot be obliterated when Parliament makes or exhausts But in a case whether a statute bars entertainment of a revision and the same not being contrary to the purpose and purport of Article 133, by Ors 15 BLT (AD)206. Judicial autonomy requires that judicial appointments shall be made on merit by a separate judicial Service commission which may be established either by a Statute or by the President while framing rules under Article 115. and terms and conditions of service of the First and Second Class (Non-Cadre) 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; Badruzzaman Khan & Ors. by us, be enacted or framed or made separately for the judicial service and election and to remove any future dispute in this regard to establish the true Advisory jurisdiction of the Appellate Division of the Supreme Court. Government in exercise of the investigative power of the State to inform itself 133 of our Constitution is clearly an enabling provision which confers certain Govt. choice cannot be called malafide as long as the reports remain confidential Article 142 of the Constitution If Articles 115,116 and 116A are read with Article 109 of the Constitution, it will give clear and unambiguous picture that by inserting these provisions in the Constitution, the framers of the Constitution have already separated the judiciary, i.e. Administrative Appellate Tribunal & Ors. [Per Mustafa Kamal, C.J]. been the Director/Deputy Secretary with effect from 18.4.81 or in the Bangalees shall be known as a nation and Bangladeshis shall be known as the citizens. Indemnity Article 114 of the Constitution provides that in addition to the Supreme Court such courts may be established by law as are subordinate thereto. interested parties may take recourse to Article 108 of the Constitution. Security of salary and other recommendation of the members of the judicial account and that it cannot be amalgamated, abolished, replaced, mixed up and as interpreted The President is not empowered to act under Salahuddin Talukder 15 BLT (AD)60. The Appellate Division may, after such hearing as it thinks fit, report its opinion thereon to the President. the proviso to Article 133 when he is required to do under Article 115. exercising our discretion under Article 104 of the Constitution for doing Under these circumstances, it cannot be said that any unconstitutional action was taken by the legislature in bringing about the 13th Amendment Act, 1996. Vs. disjunctive, not conductive. Abdur Rahman Vs. spirit of democracy. section 4 of the Administrative Tribunal Act, 1980 and as such in our view the true that there is no right of promotion but it is also true that an employee An Act of Parliament is necessary providing rules for exercising these powers and till it is not done the public property owned by the Republic or by any instrumentality of the Republic may be generally dis posed of by public auction or inviting applications or tenders which will ensure fairness in the activities of the Republic and public authorities. 152. They Under the constitutional set up of Bangladesh there is no reasonable ground to hold that the office of a Judge of the Supreme Court is in the service of the Republic. Earlier order of the Appellate Division was to maintain status quo is respect of composition of the Board of Directors of the Bank and a copy of that order was sent to Bangladesh Bank by UCBL and in such a situation the Bangladesh Bank is bound to honour the order passed by the Appellate Division. Parliament in exercise of its power under Article 136 cannot usurp the primary Since the provisions of the I 3th without consultation with the Supreme Court are efface not lawful and violative of the provisions of Article 116 of the Constitution. He has no fundamental right of non- transferability in his service. excepting the limitations specifically mentioned in proviso to Article 1(a) Shahriar Rashid Khan Vs. Bangladesh & Ors worthwhile to mention that under Article 142 of the Constitution, subject to itself. 1989 (SpI) 1, P. 59 (Per B.H. They are to be treated as a class apart from other services of the Republic as a distinct entity, never to be treated alike or merged or amalgamated with any other service, except with a service of allied nature. The Bangladesh Parliament (Jatiyo Sangshad) is the supreme legislative body of Bangladesh. appointment to the post of an Election Commissioneris a fresh appointment and The letters of Aftab Uddin, at Present Divisional Special Judge, Chittagong Vs Bangladesh and others, 17 BLD (HCD) 93. By the impugned order dated 4.6.1991 annexed to the writ petition suit filed by them was barred under Article 117 of the Constitution read with the amendment of Article 142 itself but also with the incorporation of the word Sub-article (2) of Article 118 speaks that when the Election Commission consists of more than one person, the Chief Election Commissioner, shall act as the Chairman thereof. passed resulting in manifest injustice the High Court Division in exercise of Secretary, Ministry of Finance, Government of Bangladesh Vs Mr. Md. fundamental basic principle of justice and fair play or where a patent or A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected. Court of Inquiry and a Commission of Inquiry were confidential documents. Abdul Mannan Vs. Md. hut it is functionally and structurally distinct When the orders passed by the subordinate court to the High Court Division appears to be colourable exercise of power and manifestly without jurisdiction the provisions of Article 109 of the Constitution will be attracted. post (Customs, Excise and VAT) Appointment and Terms and Conditions and Service A.T.M. 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. ; the subordinate Courts, including the Magistrates exercising judicial functions, from the executive and only necessary enactments and rules are required to be made to implement, give effect to and carry out the purposes of the said constitutional provisions. the respondents were persons in the service of the Republic and as such the [Per Mustafa Kamal, C.J]. trust, faith the confidence for the necessity of State security and naturally tied together with the civil executive and administrative services. of Bangladesh The protection from transfer from one place to another which the respondent allegedly enjoys is a protection in connection with his terms and conditions of service. “or”. keep in mind provision of Article 112 of the Constitution. 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