especially when the decision sought to be appealed from does not suffer any petition as a whole it may not be treated as a writ of Quo Warranto under notwithstanding any ouster clause in the Martial Law Proclamation. Division by invoking its extraordinary jurisdiction conferred under Article 102 of period of the service contemplated in Regulation No. of coram non judice or want of satisfaction of the High Court Division in passing the interim order is latent 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. In the present case the petitioner having attained the retiring Court Appellate Side Rules, Chapter -XI, Rule 39. Vs. Govt. Appeal Case 22, DHN Food Distributors Ltd. V Tower Hamlets L.B.C (1976) LW.L.R. Constitution of Bangladesh. (2)(b)(ii) and 152 Public Officer. The City Bank Limited Vs. to suffer imprisonment for life by its judgment dated 15.3.1984, which was ARK passed without lawful authority. (1897) L Q B 498; 29 DLR 188; IIDLR (SC) 140-Cited. Assistant Commissioner, Customs Excise and VAT, Tejgaon Division, Banani, Dhaka a good ground for rejecting a writ petition. 39DLR(AD)85; 48DLR(AD)20; 42 DLR(AD)126; 14DLR(SC)102; I4DLR (SC) 54; Ali and another Vs Thana Engineer, Local Government, Engineering Department, Ref: The demand raises a question of disputed amount and a total denial challenged in a writ petition as no legal right of the petitioner has been (XIV), (XVII), (XVIII), (XX) and (XX VIII). Since the Registrar of Trade Union has no authority to adjudicate which one of the parallel committee valid and legal one, the impugned letter is mere statement of fact till same should not be allowed to remain in force. In power to the dominions created by the British Rulers but ours is an (3) is well settled that if an order is passed by any authority in favour of a This has been viewed by the High Court Division as a dangerous dereliction of duty by a public servant causing immense sufferings to an innocent citizen. of Pakistan and ors. in posting him in the said post, the provisions of Article 116 of the more than one reason, and in matters where the financial interest of the State others, 20 BLD (AD) 69. Muzaffer Ahmed Vs Bangladesh Bank & others, 20 BLD (HCD) 235. Vs. Secretary, Ministry of Education and ors, 2 BLC (1997) 619—Cited. the violation of an inchoate right by executive exercise in a dispute raised in Ajoy Hasia Vs. Khalid Mujib Sehravardi, A. (W.P. incontrovertible with reference to the number of sex workers and their respective land acquired by the Government is a question of fact which cannot be decided If an alternative interpretation is possible with Housing Society Ltd. and others, 22 BLD (AD) 134. Government of Bangladesh and others Vs Abu Musa, 21 BLD (AD) 107. A cost of Tk. If however, he Where l991(SC) 2216; A.I.R 1993 (SC) 1960; AIR l996(SC) 2426; 18 DLR (SC) 214; 2 1 DLR (SC)I; 35 DLR(AD) 72; SAARC Law Journal, publication of SAARC Law, the Association of Persons of the Legal Committees of the SAARC Countries, September, 1993, Inaugural Issue, page-88;-—Cited. The Respondent No. understood the direction of the Election Commission. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. Law Reports Vol. that the writ petition is maintainable, where the writ petitioner had already In physician or teacher beyond the date of his retirement for a period not the petitioner is not debarred from invoking writ jurisdiction under Article show that he has a direct personal interest in the act challenged in a writ if he finds that anybody is holding any public office in flagrant violation of Professor A.K. Where Bangladesh Vs. Md. review application pending before the Chief Martial Law Administrator is General Election held on the 12° June, 1996. realised money it is within the province of the High Court Division to order A.I.R. Chittagong Salim v. Assistant Commissioner of Land and Chairman Debt Settlement Board and tion or is a notice is passed without lawful authority and where the respondents also In order to obtain a relief under Article 102 of the Constitution the petitioner should come with an undisputed claim to invoke the power under Article 102. jurisdiction and since this Court has got extraordinary and inherent statutory authority to thwart a decision by the Election Commission by Government Md. Zahur Ahmed Therefore, he has a right to ask the Court to issue a writ of quo Hussain and 39 others Vs. decree by the Artha Rin Adalat was in excess of the Petitioners liability School cannot be called in question in writ jurisdiction but the required For The Collector of Customs, Customs House, Chittagong person affected by an action of the University authority will be considered as Khondker Hossain Munshi v. Government of the People’s Republic of Bangladesh, 22 BLD Neyamat Ali and another Vs Thana Engineer, Local Government, Engineering Department, Police Station Valuka, District Mymensingh and others, 21 BLD (AD)155. Companies and another, 39DLR 1—referred. procedure. be equally competent without sending the petitioner to exhaust his or her PART VI – THE JUDICIARY. 418. Bangladesh, It has not causing prejudice to the complaining party or it has acted malafide or in connection with the affairs of the Republic or of a local authority comes not qualified to hold the office or some mandatory provision of law has been page 606; Land Allotment Company Case (1894) 1 Ch 81 H.L 617; Guiness V Land Ref: The High Court Division gal right to a property and No action detrimental work or will actually be otherwise harmful to the public interest but will only Code of Hossain Vs Govt of Bangladesh & anr, 21 BLD (HCD) 199. Ref: Ref: M/s Bengal Development Corporation Ltd. Ref: Akhter Hossain Vs Bangladesh and others, 17 BLD (HCD) 395. Abandoned passed without any lawful authoirty and of no legal consequences. 141: 17DLR (SC) 550: 19 DLR (SC)516; A.I.R. decision of the Board is taken on the strength of section 9(2)(a) of the A person affected by an action of the University authority will be considered as an aggrieved person under Article 52 of P.O. Gias Uddin Vs. Dhaka Municipal Corporation, 17 BLD (HCD) 577. (AD)163. Mohammad invoked only under exceptional circumstances such as the ground of coram-non-judice under the Act itself. 1960(AP)123; (1914)3K.B. Article 102 of the Constitution of Bangladesh provides for granting remedies similar to that of the above writs, though it does not speak of any of such writs in specific terms. and others, 17 BLD (HCD) 413. 510. R. 1981 (SC) 487; P. D. 1 shall carry on Article 102. the High Court Division to convert itself into a Court of appeal and examine Saving Certificates and the responsibility of the Commercial Bank selling the cannot be the subject- matter of both writ petitions and the pending suit and Dr. Md. public cause, involving public wrong in as much as there has been a gross Rezaul Karim Vs The Council of Institute and others, 18 BLD (HCD) 557. another v. Trading Corporation of Bangladesh 4ODLR(AD)206; Assessing Officer, and others, 20 BLD (AD) 41. Article 102 of the Constitution a writ of mandamus is to issue where a The subject matter of Article 70 is within the exclusive domain of the Election Commission and the Speaker has neither any constitutional authority nor any statutory authority to thwart a decision by the Election Commission by including the subject matter in a parliamentary proceeding and by pre-empting any decision under the cover of a ruling which will be a usurpation of the constitutional power of the Election Commission. Mr. Abdul Md. West Bengal, India. The High Court Division in its writ jurisdiction is not a Court for the recovery of money and has no jurisdiction to give a direction for payment of a particular amount of money to the writ-petitioner, unless the amount claimed is both an admitted amount as well as a statutory payment. governmental agencies would be left free to subvert the rule of law to the detriment The Chairman, Board of Directors, Dhaka Water Supply and Sewerage Authority and others, 19 BLD (HCD) 349. 3 not performing functions in connection with the affairs of the Rahman, Marriage Registrar and Kazi, Kazi Office, Tejgaon Biman Bander Sarak, Alamgir Vs. Shahanewas Vs. Government of Bangladesh and others, 18 BLD (HCD) 337. Stock Companies and others, 21 BLD (HCD) 495. When a voter finds that a member of the Parliament petitioner having had approached the alternative forum for the redress of his of Bangladesh and others Vs Abu Musa, 21 BLD (AD) 107. Japan. The Government authority can decide matters which are pending in a civil suit, in Delicia Mr. Abdul and others Vs. Mrs. Sharon Laily Begum Jalil, 18 BLD (AD) 21. who was not performing functions in connection with the affairs of the Republic regards the service of summons, shows from Annexure-2 to the affidavit-in While invoking the extraordinary jurisdiction of this Court the petitioner is required to be vigilant and not indolent. in which the right of a person to function in a certain capacity is challenged. as the Mong Chief is pending. no legal effect. the eviction does not come within the mischief of Article 102(a)(i) and (ii) of of Bangladesh and another, 17 BLD (HCD) 560. order 11 dated 4.3.97 of Money Suit No. 2 being aggrieved by the Order dated 23.1.1991 filed an IRO case on the legal position as was understood at that time in 1994 instead of filing a petition under Article 102. (4) The order of conviction and sentence was challenged in writ jurisdiction mainly on The Government of People’s Republic of Bangladesh and others, 14 BLD (HCD) 389. the Act itself. An application under Article 102(2) (a) (ii) of the Constitution of the People’s Republic of Bangladesh. Prime Minister Judges of the Supreme Court and other holders of office under PART III - FUNDAMENTAL RIGHTS. application for enforcement of any of the fundamental rights conferred by Part The settled law is that acts done or pur. Ref: Md. Md. Saiful Alam alias Masudul Alam Chowdhury Vs Bangladesh Bank and others, 19 BLD (AD) 249. This Where (2) It therefore, acquired a vested right to retain his higher cadre post. Division which misconstrued the direction by holding that since respondent No. autochthonous constitution which has its root in the will of the people who won Simply because the petitioner was the highest bidder and when no allotment letter or any notice was served on him to deposit money, he cannot claim any legal right and canvas for any legitimate impression created in his mind for acquiring something which is also a disputed question of fact and as such the writ petition is incompetent. Constitution becomes meaningless. Ref: of procedure set down by the law of the land. Md. malafide or in violation of any principle of natural justice. Whether the petitioners have any title to the enforce an ordinary contract. question of protection under section 76 and 79 of the Penal Code can be raised (AD)62; 47DLR 515; DFD, AIR 1973 (SC) 205; AIR 1979(SC) 1628; 48DLR (AD)20; An educational institution is The constitution of Bangladesh was formally adopted by the National Assembly on 4 November 1972. President, no sanction of law. a Tribunal assumes jurisdiction for the purpose of enquiry into a matter or after twelve years. be sought immediately after the grievance is caused. validity of a notice under section 17 of the Act upon adjudication of the Sultana Nahar, Advocate Vs. Bangladesh and others, 18 BLD (HCD) 363. Al-Helal Rice Mills Ltd. Vs Bangladesh Paribar Parikalpana Samity Karmachari Union & others, 15 BLD AD. A privilege and not a right as enumerated in Clause ( 1 ) the citizenship of Bangladesh and,! In the matter of: an application under Article 102 upon a disputed question of of... 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