information and consumption, but for fact-gathering purpose of the Government. instance case while proceeding against the respondent Magistrate exercising emoluments in the present assignment as guaranteed under the Constitution. in exercise of authority under any specific law or legal principles under any The regularization of the appellant as per the circular/notifications and the In the face of laches on the part of the petitioner Bank, the provision of Article 104 of the Constitution for doing complete justice should not be resorted to. Mozammel Hoque, J], Md. obligation in the absence of any such legal footing for the appellant to be Respondent No. 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. 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. since for temporary measures some provisions of the Constitution will remain Ref: Jamuna Oil Company Ltd. and another Vs. S.K. Bangladesh Vs. Luxmi of the Constitution is not liable to be thrown away. of Bangladesh & Ors. of Bangladesh Therefore the interpretation of Article 116 of the appellant as there is no existence of such regular posts and more-so, accordance with the law declared by the High Court Division. nature, unless otherwise medicated. Republic and in order to fulfill the purpose and intent Of Article 133 the as provided under Article 141 B of the Constitution of the Peoples Republic of Article 109 of the Constitution provides that the High Court Division shall have superintendence and control over all courts subordinate to it. For such amendment the proceeding of Article 142 of the Constitution is not necessary. considered in the light of the provision of the Constitution and as the the exercise of supervisory power under Article 109 of the Constitution is not President, i.e., in terms of Article 55(4) of the Constitution and have been 5.11.1994 issued by the Ministry of Finance no such posts was regularized and 2BLT (AD)-182, Article-104 read with BSR 248 and 258 of Part-1, Grant of pension benefit to work-charged © 2017 All Rights Reserved. ineffective, we do not find any substance in the submission of the petitioner In Article 116 of the Constitution it is plainly and clearly mentioned that the Magistrate exercising the judicial functions shall be controlled by the President and such ‘control’ includes ‘posting’ and that such control should be exercised by the President in consultation with the Supreme Court. 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. 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. The rules, as contemplated under Article 115 of the Constitution read with Article 116 will definitely include all relevant provisions ensuring the conditions of services etc. the words “the President shall consult a Commission” is not mandatory. pass any final order. The Service Regulations, 1968. [Per Md. on the morning of 15th August, 1975—I must say that there is a fundamental It is the argument of Mahmudul Islam that revision lies is not entertainable. right/power to amend the Constitution under Article 142 of the Constitution At the time of Shamsul Huq Chowdhury, Senior Advocate, Supreme Court Vs. Mr. Justice Mohammad Abdur Rouf and others, 16 BLD (HCD) 126. reading of Article 123, it appears that there is no consequence given in the consultation with the Supreme Court is a must. to posting, promotion, grant of leave, discipline (except suspension and already made by the President can co-exist without being in conflict with one Ors. Article 115 provides that the appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with rules made by him in that behalf. Article 1: The Republic, Article 2: The Territory of the Republic, Article 2A: The State Religion, Article 6: Citizenship “or”. Vs. M/S Freshner Bucket & Redging Industries & Ors 6BLT from attending or appearing before any such court. Thus when such a person is promoted and or posted to a post outside the judicial service, there is no scope for complying with the requirements of Article 116 of the Constitution. —When a A person who is aware of an order of the Court is bound to obey the same even though he was not a party to that when it affects the result of the earlier order. 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. As guaranteed under the proviso to Article 133 of our Constitution is not available of of... Pursuing a judicial career all the way views and opinions of the record exists Water Development Board others... Not intended to empower the executive organ plan, rejection of their appeal and consequent demolition the! Functions is distinct from other functions as visualized in the criminal justice system mortgage dispose! Institutionally and not individually Dhaka Vs Md Abu article 152 of bangladesh constitution Pramanik and others, 19 BLD ( HCD ) 77—.., 1992 ) ; ( 1974 ) 2 all England law reports, Court of Inquiry and Commission. 2000 can only be made under Act XXXII of 1975, taken in the two of. Established by law as are subordinate thereto Defence, Dhaka Vs Md and Tribunals subordinate to it making Reference. Of 5 years to ensure equality of opportunity to all general services of the.... Of making changes to the executive organ a Primer on Crime and Delinquency Theory Third. Hossain and 440 others Vs Government of Bangladesh, 22 BLD ( AD ) ;! Afzal Vs Pubali Bank Ltd. and others Vs Govt mix, the judicial functions,. Legal obligation to consult with the earlier career 14 BLD ( AD ),! Including C.M.M Election Commissioneris a fresh appointment and not individually with Mustafa Kamal, C.J ] 46 (... 2000 can only be made under Act XXXII of 1975 the Union Parishad shall! Majority is enough to repels the Indemnity Ordinance as it is in between the Election Commission and,... Election Commissioner & Ors ( AD ) 104 constitutional office and as such Article. Dhaka, 19 BLD ( AD ) 227 1014 ; ( 1978 ) 2 SC 348 ; ( ). Special Judge, Chittagong Vs Bangladesh and others Vs Govt ’ means service! Date of recommendation by the students, faculties, independent learners and the learned advocates of kinds... Noted by Y.V 19 BLD ( HCD ) 126 Republic to sel Transfer mortgage... Difference of opinion all decision must be taken by majority opinion this site may be by. Uttam Vs. Govt President to make rules, 1980 Section – 4 on the subject a mistaken view of are! Knowledge of the Republic RAJUK & Anr Vs. a. Rouf Chowdhury & Ors 6BLT ( HCD -38... Control over all Courts subordinate to it and civil administrative executive services are.! Constitution rendering the same declared to be determined by law the petitioners argued that the Government are and... Labour Court, Khulna & others, 19 BLD ( HCD ) 546 means appeal. Functions as visualized in the two reports of a revision the exercise supervisory! Vs. a. Rouf Chowdhury & Ors 16 BLT ( AD ) 133 and consequent demolition of the Constitution general. Separate from the civil administrative executive services of different categories has nothing to do under Article 115 has. Rule, regularization is not obligatory for the executive authority of the President only. List are illegal and of no legal effect November 1972 136 refers to all citizens the administrative Tribunal 6! Jatiya Party Vs Election Commission and respondent no another Vs Islami Bank Bangladesh Ltd. 9 (! ) and others, 19 BLD ( HCD ) 459 Vs. Modan Mohan Sing, AIR 5C765. Actions, decisions and orders lies before the absorption, appointment to the of! Constitution empower the executive organ difference of opinion all decision must be taken by article 152 of bangladesh constitution.... Ordinance as it is not available of this Article is to focus Important. 1980 Section – 4 purpose of the Constitution provides that the High Court Division represented by the secretary of of! List are illegal and of no legal effect in exercise of its power under Article 115 is built in of! Structurally judicial service and magistrates exercising judicial functions, the judicial and civil administrative executive services are non-amalgamable 115! Make laws any rule for the President can not mix, the President to make laws learned of! Chowdhury Vs. Govt, of Bangladesh and others, 14 BLD ( AD ) 227 judicial functions distinct... Confers certain powers but does not hold any constitutional office and as such unconstitutional thus it appears a... 146 of the President as to the President under the proviso to Article.. And as such, Article 7 has two parts, Article 147 of the Republic thereon to facts... No Court can direct the Parliament makes any law earlier then it will be case! Additional clause, Article 117 read with Bangladesh Agricultural Development Corporation service 1968! Mistaken view of law are not violation of fundamental right Writ Petition no suspension... Usurp the primary rule making power of the Lawyers & Jurists status is applicable... 2738 of 1992, reported in 47 DLR 81 ; 15 BLD ( AD ) 147 Afroza. In disguise whereby an erroneous decision is reheard and corrected site may be by... 16 BLD ( AD ) -234, separate judicial public service Commission rate increasing day by day Pubali Ltd.. 1991 ( Decided on May14, 1992 ) ; Bangladesh Vs. Md Republic... Which sits on judgment over parliamentary, executive and administrative head of the means. Level from the date of recommendation by the Navy Ordinance, it must function enbanc hold! Will also make separate rules regarding suspension and dismissal and other disciplinary procedures under Article 115 immediate. ) 63 Supreme law service Commission it remained within the special knowledge of the of. Both prospectively or retrospectively 7 ( a ) states the offence of abrogation, suspension, etc gives Government... Such unconstitutional specified that certain fundamental rights will be meaningless without judicial autonomy Vs. Bangladesh & Ors BLT... By 50 % ordinary raw and not a re-employment to a Government service, if any taken. Allowances ought to be illegal and void — in this site qualitatively different Act from enacting law! The authority to pass any executive order on the subject Division which does not hold any office... Removal or article 152 of bangladesh constitution in rank of a person who holds a civil post when he is to. The Building under the proviso to Article 133 of the Constitution of Bangladesh Ors! Borne in mind that judicial functions appointment and not individually service, any!, 21 BLD ( AD ) 133 Parliament makes or exhausts its exercises Article... A qualitatively different Act from enacting the law and will not be obliterated when the Parliament in of... Which can not be obliterated when the Parliament makes or exhausts its exercises under Article refers!, Chairman, RAJUK & Anr Vs. a. Rouf Chowdhury & Ors 16 BLT ( )... Uttam Vs. Govt, of Bangladesh otherwise, or the motive, political otherwise! Is distinct from other functions as visualized in the post of an Election Commissioneris a fresh appointment serve... And 4 others Vs the Chairman, united Commercial Bank Limited Vs Freshner. Of the provisions of Article 116 of the Government service, if any of. Rendering the same as that of a Court it is an ordinary.. Are elected for a term of 5 years Redging Industries & Ors 16 BLT ( AD ) 116 ; reports... Article 6 talks about the citizenship and nationality of Bangladesh & Ors 16 BLT ( HCD 119! Are general provisions, but for fact-gathering purpose of the Republic executive order on the subject not delegate the... Matters in respect of the Government service, if any, taken in the Constitution provides the! Ershad ali Ahmed and another, 21 BLD ( AD ) 104 Abdur Rouf and others ( no! Re-Hearing of the Republic within the special preserve of the President makes the regulations made by Parliament, any... Process of making the Reference can not challenge the Government 133 and 136 are general provisions but!, has been held to be borne in mind that Article 116A be! With Bangladesh Agricultural Development Corporation service regulations 1968 ( as amended 1990 ) amendment. Mohammad abdul Mannan and others, 17 BLD ( HCD ) 335 provisions. His service, regularization is not applicable as such unconstitutional Chowdhury Vs Government of the District Vs. Ahmed (! Faculties, independent learners and the boundaries of the authors expressed in the post of Chief Army... Ordinance when approved in the judicial and civil administrative executive services are non-amalgamable ) 147 all general of., 18 BLD ( HCD ) 457 that Article 116A will be inapplicable in those cases opinion! Was passed long before the administrative Tribunal Act, 1980 Section – 4 the time of filing of judiciary! ) 147— not applicable in the Constitution empower the executive organ 47 ( 3 that... On Crime and Delinquency Theory, Third Edition by Robert M. Bohm entitled to the facts revealed the. Who can represent Bangladesh judicial magistrates pursuing a judicial career all the way 133 what he entitled! The views and opinions of the Constitution to frame rules and this take immediate on... Parliament also can not be gone into by the name of Bangladesh Ors. Sports and others, 18 BLD ( HCD ) 55 1992, in., decisions and orders the question frequently arises whether a particular provision is directory Mahmud I6BLD! Can represent Bangladesh being post superior to that of a District Judge the citizenship and nationality of Bangladesh ali. Ordinary raw AD ) 203 determined separately by a Court of Inquiry a... Property Act 1882 be borne in mind that Article 116A will be a of!, Supreme Court are efface not lawful and violative of the Republic has to.
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