Bangladesh - Bangladesh - The Pakistani period, 1947–71: Although the boundaries of East Bengal were based ostensibly on religion, they did not entirely reflect it. Freedom of the press means printing, publication, circulation and distribution of all that can be expressed in exercise of the right of freedom of speech and expression. The writ petitioner has a brilliant academic career and has been in active service of the Government, and is presently working in Dhaka Medical College; his case is an exceptional one. 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. any disciplined force will not be entitled to any remedy if he is aggrieved by 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. This right is also recognised by the Bangladesh Passport Order, 1973. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. 1957 (SC) 628; 70 C.W.N. Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860. It was already governed by the restrictions imposed by section 25(3) of the Act. Every person means both a citizen and a non-citizen [Per Mustafa Kamal C.J]. Unlike the Indian scheme this has been done in the very original Constitution of Bangladesh. 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. the mandate of the Constitution–The entire Constitution is to be looked into in 16 of 1972 and Ordinance 54 of 1985, but also violative of her fundamental right to hold property. 10.1989 and ended on 25.1.1990. An offence as defined in the General Clauses act means an act or omission made punishable by law for the time being in force. It encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life can hardly be enjoyed. In view of the provisions of Article 137 the direction to establish another public service commission for judicial and magisterial services is not contrary to the provision of the constitution for recruitment of persons to be employed for judicial service and magistracy exercising judicial functions in accordance with the provisions of Article 140 of the Constitution for the recruitment of persons to be employed in the judicial and magisterial service is in consonance with the spirit of Article 22 of the Constitution. The right of assembly, meetings and processions are not absolute they are regulated by law. 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. The third party rights exist and fall with the Ekushey Television, since their interests are merged with that of ETV. Vs Bangladesh Bank and ors., 19 BLD (AD) 223. Second Amendment: The actual Constitution did not have any prerequisite for declaration of state of emergency and defensive detention. Mymensingh . Dewan Abdul Kader alias Mustafa Kamal and others Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs and others, 14 BLD (HCD) 418. Bangladesh Bank Order and The Bangladesh Bank (Staff) Regulations Regulation 12(u). 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. Col Md The foreign investors in ETV are no exception to this principle. 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. Ref: Smt. Sub–article Bangladesh (Article 15), Ethiopia (Article 90), Guate-mala (art. (2) The State shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. A member of Therefore, the prosecution is meant to be in reference to the law that creates the offence and the punishment must also be according to what is prescribed by that law. 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; On July 15, 1973 Bangladesh amended its constitution for the first time to ease the process of the war crimes trials. Masdar Hossain & others, 20 BLD (AD) 104. 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. Acquisition and Requisition of Immovable property (amendment) act, 1994. fundamental rights subject to the provisions of Article 45. Discrimination can be claimed only by a person who has been discriminated. In the name of freedom of speech and expression one cannot be allowed to frustrate the purpose of the law in regulating the quality of the text-books by the Text Book Board. Md. Part x: Amendment of the Constitution Features of Bangladesh Constitution. (5) of Article 100 is inconsistent with Articles 44 and 114. 1 st Time Manufacturer of Surgical Suture in Bangladesh. Protection of life under Article 31 of the Constitution means that one’s life cannot be endangered by any action which is illegal. 13 There is extensive use of pesticides in agriculture. It proclaims that the Constitution as the solemn expression of the will of the people is the Supreme Law of the Republic and any other law inconsistent with the Constitution is void to the extent of the inconsistency. Ref: Golam Abbas v. State of U.P. 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. order comes within the purview of Article 134 of the Constitution. Article—36. Carew and Company (Bangladesh) Ltd Vs The Chairman, Labour Court and ors, 19 BLD (HCD) 30. Dr. Mohiuddin Farooque Vs. Bangladesh, 16 BLD (HCD) 490. The Government and the Collector of Customs, who are defendants in the suit, have been directed to contest the suit by filing written statement, if not already filed, and take all necessary steps for the production of evidence and relevant materials before the trial Court to enable it to adjudicate the matter completely and effectually so that the plaintiff cannot obtain an ex-parte decree due to laches of the defendants. been exhausted including appeal to the administrative superior. by any order affecting his service or by order of the President or by any 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. 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. AIR 198 1(SC)2 198. © 2017 All Rights Reserved. Viewed in this perspective it is held that the impugned Act is not unconstitutional. (Per B.B. Bogura. Ref: State of Madhya Prodesh Vs. Shoma Ram and others, A.I.R. Ref: (1877) 94 US 113; AIR 1981 (SC) 746; A.I.R. No suit for restitution of conjugal rights is maintainable in law in any Court in Bangladesh. 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. 397(1989)—cited. 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. and not the Departmental Enquiry Committee that can act only as a fact-finding body to recommend certain penalties like removal, dismissal, demotion etc. Shahjahan Ali Khan and others Vs Govt. I was eligible to be issued an admit card, escaped the notice of the petitioners, who deliberately did not issue an admit card. 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. 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. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Transparency and accountability must be ensured in all actions by public bodies. It is also the constitutional obligation of the Government to ensure that the rights of the people, envisaged in under Art.18 and Art.32 of the Constitution are vindicated and defended. After exhausting all available remedies the petitioner can Bangladesh Our Constitution both in the directive State Policy and in the preservation of the fundamental rights provided that the State shall direct its policy towards securing that the citizens have the right to life, living and livelihood, Thus our country is pledge bound within its economic capacity and in an attempt for development to make effective provision for securing the right to life, livelihood etc. 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. 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. Chattogram. 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. immune from judicial review. Abdul Hannan The Secretary, Ministry of Law and Justice and others, 14 BLD (AD) 48. © 2017 All Rights Reserved. The Principle of Audi Alterem Partem comes into play in such circumstances. 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. relating to the judiciary embodied in Article 94 by adding alien concept by way Article 25 of the Constitution of the People’s Republic of Bangladesh recognizes the United Nations Charter, and Article 47 recognizes humanitarian law and provides that the Constitution will not limit the application of international treaties and the law of war. Bangladesh also continued to amend its legal system in preparation for the trials of both Pakistanis and local collaborators. 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). 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. Search Masdar Hossain and others, 21 BLD (AD) 126. of a member of the disciplined force and, as such, the order impugned here is not Researchers all over the world have the access to upload their writes up in this site. Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 14 BLD (AD) 117. 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. India also enshrined the food-related provision in Article 47 which is within the part of the directive principles of its Constitution. The 'exhaustion This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. The services in the Bank and other statutory bodies are not protected by Article 135 of the Constitution. (Article 27), Uganda (Article 14) and Ukraine (Article 48). ), 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 Secretary, Ministry of Establishment, Government of Bangladesh & others Vs Md. L. Rev. Nasiruddin Ahmed Vs. Government of Bangladesh and another, 14 BLD (HCD) 339. Ref: A.I.R., (38) 1951 Pepsu 59; A.I.R. Dr. Manzoor Rasheed Chowdhury v. The Principal, Dhaka Medical College, Dhaka and others, 22 BLD (HCD) 6. 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. An persons within the jurisdiction of Bangladesh are within Bangladesh rule of law. It was also not formed with petitioner Nos. Md. 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. Khulna. 2-5 as its directors. of Bangladesh and others, 20 BLD (HCD) 60. 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. 1929 (Lah) 705; Ishtikhar Uddin Vs. Crown, 6 DLR (WP) 127;, Chand Shah Vs. Crown, 8 DLR (FC) 24; KhaBlur Rahman Vs. 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. Jahangir Hossain and ors., 19 BLD (AD) 170. 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. In Article 35(2) the words ‘prosecution’ and ‘punishment’ have been used concerning an offence. 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. The impugned Division under Article 102". (dissenting from the majority view). & ors 52 DLR. 1958 (SC) 578; 1962 (SC) 305;—Cited. 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. If there is an obligation upon the State to secure to the citizens an adequate means of livelihood and the right to work, it would be sheer pedantry to exclude the right to livelihood from the content of the right to life. Aminul Haq Vs. Rafiqul Hassan, 16 BLD (AD) 174. right of the Text Book Board being infringed as would be permissible under Article 39(2) of the Constitution. The Secretary, Ministry of Jute, Government of Bangladesh and others, 18 BLD (HCD) 183. 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. 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. the scope of judicial review under Article 102 of the Constitution as such the It amended Article 96 of international law'. Moreover, Article 22 has emphasized on separation of the judiciary from the executive. A member of Constitutionality of the Act and presumption following it, While examining the constitutionality of a statute a well-known principle that there is always a presumption in favour of the constitutionality of an enactment has to be borne in mind. of constitutional amendment–Articles 44 and 114 to be read together to find out prosecution and punishment of any person accused of 'genocide, crimes against humanity Seventh Amendment Act: This Act was passed or war crimes and other crimes under on 11 November 1986. The writ petitioners can come directly to the High Court Division for protection of their fundamental right even though an alternative remedy is available. A fundamental right can never be invoked for violating any provision of law or other mans right under the law. Where an No. It was later influenced by the Companies Act 1857, Companies Act 1913 and Companies Act 1929. 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. 3[The Bangladesh Jute Export Corporation Order, 1972 (P.O. The Bangladesh Bank (Staff) Regulations having been made under the Bangladesh Bank Order 1972, are protected legislations and as such these cannot be declared void on the ground that they are inconsistent with or repugnant to Article 27 as offending the concept of equality before law. 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. 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. (1981) A.I.R. 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. M. Saleem Ullah Vs. Bangladesh and another, 15 BLD (HCD) 108. 50 of 1972)]. ) 69 Ethiopia ( Article 14 ) and others Vs Government of Bangladesh are Bangladesh... The “ “ politics of the authors expressed in the General Clauses Act an. Sultana and others, 17 BLD ( AD ) i 65 July,... Be enforced against the possibility of the street ” ” increasingly supplanted the country 's fragile democratic institutions is! Cited as instances of the Constitution provides that the impugned Act is not unconstitutional Audi Alterem comes. Under P.O voluntarily under the restrictive provisions of Article 45 102 and 114–­ 1993, Section—25 ( )... 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