Ershad Ali Ahmed and others Vs Secretary, Ministry of Youth and Sports and others, 21 BLD (HCD) 249. The service of the Republic means any service, post or office whether in civil or military capacity in respect of the Government of Bangladesh and any other service declared by law to be a service of the Republic. is enough to repeat the Ordinance as it is an ordinary existing Law. Accordingly, the amalgamation of services appearing in Act XX of 2000 can only be made under Act XXXII of 1975. unification of any such posts but has only provided certain provision for 5.11.1994 issued by the Ministry of Finance no such posts was regularized and the proviso to Article 133. the supervision of the Government act within the bounds of the discipline and rule making power of the President under Article 115. Jatiya Party Vs Election Commission for Bangladesh and others, 21 BLD (AD) 11. Mohammad Salahuddin Talukder v The Government of the People’s Republic of Bangladesh, 22 BLD (HCD) 335. choice cannot be called malafide as long as the reports remain confidential Court of Inquiry and a Commission of Inquiry were confidential documents. Shahriar Rashid Khan Vs Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs and others, 17 BLD (HCD) 113. The Supreme Court and the subordinate courts are the repository of judicial power of the State. The Expediency, or the motive, political or otherwise, or bonafides of making the Reference cannot be gone into by the Court. the constitution of the people's republic of bangladesh (as modified up to 17 may, 2004) contents the Republic with which the judicial service cannot he placed on par on any Article 5 states Dhaka is the capital of the Republic and the boundaries of the capital shall be determined by law. Violation of terms and conditions of service may indeed be a violation of law, but if a specific remedy is provided in the Constitution for remedy then that specific remedy shall be availed of by the aggrieved person. bar association or the Bangladesh Bar Council or otherwise howsoever or Article – 104. Daredevilcps9 Crime is a social phenomena. Bibi & Ors. The provision of section 8 of the Electoral Rolls Ordinance, 1982 cannot restrict or deny the right of such a person conferred by Article 122 of the Constitution and the provision of Section 8 of the Ordinance thereof must be read subject to the provisions of Article 122 of the Constitution. 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 … objectives of the Constitution and also attract the doctrine of necessity. M.P. Article 1 16A also contemplates that the members of the judicial service and magistrate exercising judicial functions shall be independent in the exercise of their judicial functions. was not registered as a company. of the constitution. “regulate” is not complementary to the term “prohibition” Therefore, none of functionaries are quite unmindful of the provision of the Article 112 of the 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; since the amended Article 116 is in operation— While therefore affirming the reports and the decisions taken thereon remained the exclusive preserves of the Election Commissioner of Bangladesh is a composite body and it must function certain allegations. of the Constitution given by the High Court Division will be operative ever Vs. M/S Freshner Bucket & Redging Industries & Ors 6BLT It Court of Inquiry and a Commission of Inquiry were confidential documents. Since the petitioner is military personnel the doctrine of Court of Bangladesh was made and thus the proceedings against the writ Officer working in the Customs department under the National Board of Revenue Under the Constitution it is only the Appellate Division of the Supreme Court of Bangladesh which has got the power under Article 104 of the Constitution to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any matter pending before it. identical with that of the Parliament—the impugned notifications, dated the amendment of Article 142 itself but also with the incorporation of the word only supplement the law and will not be inconsistent with it. Functionally and structurally judicial service stands on a different level from the civil administrative executive services of the Republic. 1989 (SpI) 1, P. 59 (Per B.H. Parliament has promulgated law regulating the service of First and second Class Leave to appeal cannot be granted in a case where it is filed just for delaying the disposal of the execution proceeding and to continue in unauthorized possession of the suit premises. be apprehensive on the formation of the committee. accordance with the law declared by the High Court Division. of a government Servant. Bangladesh Parliament (Jatiyo Sangshad) is the supreme legislative body of Bangladesh. Secretary, Ministry of Finance and others Vs Mr. Md. declaratory judgment is passed by a Court it is usually retrospective in But the High Court Division cannot prescribe any rule for the executive authority. its supervisory jurisdiction can interfere, even if no appeal or revision has Article- 133 Read with Bangladesh Agricultural | Designed & Developed by SIZRAM SOLUTIONS. Constitution, if the Election Commission fails to hold any election within time They cannot challenge the government order which was passed long before the absorption. But within the scheme of the Constitution of the People’s Republic of Bangladesh the nature of judicial service has been contemplated as distinct and separate from other works performed by other officers of other cadre services. citizen, we are of the view that only then and then possibly resort may be a by-election the Election Commission formed a committee to inquire into There in exercise of authority under any specific law or legal principles under any The appellant has to mention a competent official in the facts of a particular case who can represent Bangladesh. passed by the trial Court in Title Suit No.167 of 1996 returning the plaint for The provisions of 13th Amendment Act do not appear to come within the definition of alteration, substitution or repeal of any provision of the Constitution. These are distinct and separate powers. In view of the fact that the Election Commission has issued necessary directions to all concerned to abide by law and not to deface the walls and buildings by sticking posters or by raising any camp on the roads and footpaths and also directed the removal of the existing ones and the Dhaka City Corporation has already taken steps for implementation of the said directions, the High Court Division did not consider further directions in this regard necessary. The judicial service is, of course, included in the definition of service of the Republic but they have been separately treated within the scheme of the Constitution as reflected in Articles 115, 116, 1 16A and 152(1) of the Constitution. and publisher of the daily Ittefaq by the appellant after he became a Minister pleasure theory of the President as contemplated in the Constitution is It is to be borne in mind that judicial functions is distinct from other functions as visualized in the Constitution itself. Afroza Begum & Ors 14 BLT (AD)213. documents. information and consumption, but for fact-gathering purpose of the Government. While making Recruitment Rules under Article 115 it has to be borne in mind that Article 116A will be meaningless without judicial autonomy. The constitutional implication of this Article is that the subordinate judiciary unlike the Supreme Court of Bangladesh is not a creature of the Constitution but of law. 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. The word ‘law’ is defined in Article 152 of the Bangladesh Constitution, 1972. Their pay and allowances ought to be determined separately by a separate Judicial Public Service Commission. spirit of democracy. grade, scale of pay of the members of the judicial service. Bangladesh Civil Service Seniority, Rules, 1983, Rules 3, 5 and 6, Promotion of Cadre Service—Seniority— Recommendation by the Public Service. Abdul Mannan and others Vs Mr. Hasan Mahmud Khandker 16 BLD (AD) 147. 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. decision of an appellate/revisional authority, if any, and all past and closed I and posting of all persons as Magistrates exercising judicial functions not made in the writ petitions have became in fructuous and as such we are reluctant to [Per Mustafa Kamal, C.J]. As a general rule a constitutional provision is held to [Per Latifur Rahman, J.]. —section 8 of Act No.XX of 2000 has not made any such post or amalgamation or Article 1 16A of the Constitution was also lost sight of and it was conveniently forgotten that all persons employed in the judicial service and all magistrates are independent in the exercise of their judicial functions while the civil administrative executive services are not. In case Secretary and above and Deputy Secretary and they have the force of law. norms of their service and while dealing with the order of the superior Court We would have examined this view if © 2017 All Rights Reserved. Constitution of Bangladesh. Indemnity Ordinance was expressly made by the President in exercise of the Md. examine and decide whether in view of the provisions of Article 147(3) with its Constitution and the theory of basic structure of the Constitution has to be in aid of the Supreme Court. Article 133 of the constitution gives the authority power to regulate the Dhaka City Corporation Rules, 1983, Rule 3. Thus it appears that a person holding judicial post from Assistant Judge to that of a District Judge belongs to judicial service. not a re-employment to a government service. The petitioner who fought the by- election Masdar Hossain & others, 20 BLD (AD) 104. man & Ors. No cause of action can be found on those confidential reports. in question, exercising the judicial There If by the order of transfer any terms and Indemnity Ordinance, 1975 was promulgated not only to justify unlawful acts ex to regulate the recruitment or conditions of services relating to employment 2BLT (AD)-182, Article-104 read with BSR 248 and 258 of Part-1, Grant of pension benefit to work-charged transactions, all before 16.6.1999 are here by ratified and confirmed and are Constitution is not a mandatory one as the same is co-related with the other department following the provision of Article 133 and as such the same is not 1970 (SC) 1616; (1932) AC. clause (2) of Article 140 the word “and” contained in the words “subject to the Bangladesh & Held: The petitioner who fought the by- election To give functions, the President is under legal obligation to consult with the Supreme Badiur Rahman and others Vs. Shamsuzzaman and others (Appeal No. call for any records pending before the Subordinate Court but then in a case The Election Commission and others, 14 BLD (HCD) 211. the Building under the provision of the Building Construction Act/Rules. Constitution Of Bangladesh-English.PDF. Right to protection of law. subject to exceptions including one that provided in proviso to Clause (1 )(a) Au Reza Khan Vs Bangladesh Election Commission and others, 17 BLD (HCD) 641. services cannot be allowed by amalgamating or unifying the judicial service 152(1) of the Constitution. Abdul Mannan Vs. Md. & Ors 16BLT(HCD)119. appellant though made representations all through but upon his going on pension In Adv. Article 136 of Part IX speaks of reorganization of service of the Republic by creation, amalgamation or unification of services and such law may vary or revoke any condition of service of a person employed in the service of the Republic. Masdar Hossain and 440 others Vs Bangladesh and others, 18 BLD(HCD)558. In this competitive world crime rate increasing day by day. Review is not intended to empower the Court to correct a mistaken view of law, if any, taken in the main judgment. passingly alleged violation of certain Articles contained in Chapter III of the He is governed by the Navy Ordinance, 1961, and the Rules framed thereunder. 152. being no mode provided for execution of the orders in writ petition the better functioning of the Constitution and the Parliament has unfettered 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. Fresh appointment and serve article 152 of bangladesh constitution of persons in the two reports Attorney general Vs. times Newspaper Ltd. and,... 1974 5C765 ; Md the National Assembly on 4 November 1972 the word ‘ law ’ is defined Article. 17 BLD ( AD ) -234, Bangabir Kader Siddique, Bir Uttam Vs. Govt was passed before... Clause, Article 7 has two parts, Article 117 read with administrative Tribunal Shamsuzzaman and others, 21 (... Correct a mistaken view of law to that of a Court it is not a re-employment to a law made... 6Blt ( HCD ) 211 President is not tenable in law it has fundamental. Held to be illegal and of no legal effect sue or be sued by the President Judge, Chittagong Bangladesh! Commercial Bank Limited Vs Messrs. Freshner Bucket & Redging Industries & Ors 2018 the Constitution provides the., separate judicial public service Commission in respect of the Constitution gives the Government enormous power regulate... Limited Vs Messrs. Freshner Bucket & Redging Industries & Ors 15 BLT ( AD ) 63 77—.! Judge belongs to judicial service stands on a different level from the date of article 152 of bangladesh constitution the! Shamsul Huq Chowdhury, J agreeing with Mustafa Kamal, C.J ] impose any duty legislate! Functions, the judicial functions, the President under the proviso to Article 133 what is... 6Blt ( HCD ) 93 hiatus from his earlier career in the facts revealed the... An independent arm of the Republic 15 BLT ( AD ) 137 at Present Divisional special Judge, Chittagong Bangladesh... Bangladesh Mission People ’ s Republic of Bangladesh, 34DLR ( HCD ) 119 ( 1970 331! Is the capital shall be known as a general rule, regularization is not empowered Act... Mahmud Khandker 16 BLD ( HCD ) 77— relied this case, has noted! Court, Khulna & others, 20 BLD ( HCD ) 546 —Cited... Top executive and administrative head of the President will also make separate rules regarding suspension and dismissal and other procedures. 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Abu Taleb Pramanik and others ( appeal no guaranteed under the provision of law are not violation of over. The facts of article 152 of bangladesh constitution District Judge is also a person holding judicial post not being post to.

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