Equal Opportunity Clause under Article 29(1). Hussain Chowdhury vs Bangladesh 41 DLR (AD) 165. The impugned Act by putting the restriction on printing, publishing etc. It amended Article 47 of the constitution view to amending Articles 51 and 66 of the 1981 by inserting an additional clause which allowed constitution. 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. An offence as defined in the General Clauses act means an act or omission made punishable by law for the time being in force. Provision of In such circumstances petitioner is entitled to challenge the inclusion of her house in the ‘Ka list of abandoned building in the writ jurisdiction in spite of dismissal of her application by the Court of Settlement on the ground of limitation. R. 1982 (SC) 149; 401 O.S. India also enshrined the food-related provision in Article 47 which is within the part of the directive principles of its Constitution. This Court is oath-bound to protect the Constitution including the fundamental rights of the citizens and is obliged to enforce the same even in the absence of any appropriate legislation. The interests of India and Bangladesh have been diverging for some years now, bringing the two countries to what is probably the nadir of their bilateral relations. One thing that stands out prominently from Regulation 18(c) is that the order of merit in which the recruits are placed in the training and the date of completion of their training are the deciding factors in counting seniority in service. By issuing an admit card to a candidate in Government service over 40 years of age and. Bangladesh Right to life in Article3l means right to sound mind and health. conducted with a duly issued search warrant by a competent court under section M. Saleem Ullah Vs. Bangladesh and another, 15 BLD (HCD) 108. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. (Article 27), Uganda (Article 14) and Ukraine (Article 48). Principal, Dhaka Medical College, Dhaka and another v. Dr. Manzoor Rasheed Chowdhury and another, 22 BLD (AD) 225. Interpretation 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. 70-34); 45 S. Cal. 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. 1958 (SC) 578; 1962 (SC) 305;—Cited. Article 101. by any order affecting his service or by order of the President or by any It was also not formed with petitioner Nos. Dr. Mohiuddin Farooque, v. Bangladesh and others, 22 BLD (HCD) 534. 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. 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. of judicial remedy. This right is also recognised by the Bangladesh Passport Order, 1973. Jahangir Hossain and ors., 19 BLD (AD) 170. interpreting the Constitution. The law of restitution of conjugal rights is a violation of the concept of social justice as enunciated in the preamble of the Constitution as well as under Article 27 of the Constitution, providing equal protection of law to all citizens. [Per A. T. M. Afzal, C.J]. and Article 28 thereof providing guarantee against discrimination on grounds of religion, race, sex etc. 397(1989)—cited. Freedom of speech and expressions as enshrined in Article 39(l)(a) of the Constitution are significant expressions that go at the root of one’s ‘thought and feeling’ in promoting the cause of literature, art or human thought such as, painting, sculpture, music and any form of art. Every person means both a citizen and a non-citizen [Per Mustafa Kamal C.J]. The impugned Article 37 of the Constitution guarantees that every citizen shall have the right to assemble and to participate in public meetings and processions only public places peacefully without arms. The right of assembly, meetings and processions are not absolute they are regulated by law. any decision of a Court unless the decision is coram non Judice or malafide, or (1) The State shall endeavour to ensure equality of opportunity to all citizens. and not the Departmental Enquiry Committee that can act only as a fact-finding body to recommend certain penalties like removal, dismissal, demotion etc. Md. 1986(SC) 180; A.I.R. Articles 44(1)(2), 100(5), 102 and 114–­. The offer of the Government to sell the case property to petitioner was attendant with the condition that the petitioner must not have a residential house in Dhaka. | Designed & Developed by SIZRAM SOLUTIONS. The petitioner-company was still seeking the permission of Bangladesh Bank to include them in its Board of Directors. The Constitution of the People's Republic of Bangladesh is the constitutional document of Bangladesh. Since Legislature is competent to legislate fixing amount of compensation as well as manner of assessment of compensation, The amendment made in sections 31 and 34 of the Ordinance cannot be said to have violated the right of the petitioners to have adequate compensation in respect of the land acquired under the ordinance. CONS TITUTION OF THE PEOP LE 'S R E P U B L IC O F B A N G L A D E S H 4th November 1 972 P R E A M B L E W e, the people of B angladesh, having … of Bangladesh and others, 20 BLD (HCD) 60. Ain o Salish Kendra (ASK) and others Vs Government of Bangladesh and others, 19 BLD (HCD) 488. Anwar After Article 47 it inserted a new-fangled Article 47A specifying inapplicability of certain primary rights in those cases. (1) The rights guaranteed under article 31, clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies. violation of fundamental right resulting from application of a disciplinary law Khodeja Begum and others Vs. Md. “Law” as defined in Article 152 of the Constitution includes, among other things, rules and regulations made under any law. 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. restoring the integrated Supreme Court by Proclamation Order No. The amended notification published by the University, by which respondent No. ), 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. 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; The High Court Division was justified in taking the view that although the training of the recruits was held in batches it was practically one training which started on 15. Consequently, the law of restitution of conjugal rights is repugnant to the Constitution and as such void. Ref: Anwar Hossain Vs. Bangladesh, BLD 1990 (special issue) 1—cited. (Per B.B. Although we do not have any provision like article 48-A of the Indian Constitution for protection and improvement of environment, articles 31 and 32 of our Constitution protect right to life as fundamental right. the right to freedom of expression, assembly, association, movement and profession Distinction between Human rights and Fundamental rights 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. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Although in the passport Order there is no positive word requiring that the citizen whose passport is impounded shall be given an opportunity of being heard, yet, the principle of audi alterem partem mandates that no one shall be condemned unheard. 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. The services in the Bank and other statutory bodies are not protected by Article 135 of the Constitution. Article 22 of the Constitution provides that the State shall ensure the separation of judiciary from the executive organs of the State. Bangladesh Bank Order and The Bangladesh Bank (Staff) Regulations Regulation 12(u). Suits for restitution of conjugal rights are not maintainable in law. It was adopted on 4 November 1972 and effective from 16 December 1972. Article 21 of the constitution says that “it is the duty of every citizen to observe the constitution and the laws, to maintain discipline, to perform public duties and to protect public property.” History of the Constitution: The Constitution of the People's Republic of Bangladesh is the constitutional document of Bangladesh. Ref: Golam Abbas v. State of U.P. Md. (Per Mahmudul Amin Choudhury, CJ). It was later influenced by the Companies Act 1857, Companies Act 1913 and Companies Act 1929. 1957 (SC) 628; 70 C.W.N. Aminul Haq Vs. Rafiqul Hassan, 16 BLD (AD) 174. I was eligible to be issued an admit card, escaped the notice of the petitioners, who deliberately did not issue an admit card. Courts, the Supreme Court and the High Court, in a unitary state by The expression ‘life’ does not mean merely an elementary life or sub-human life but connotes a right to a decent and healthy way of life in a hygienic condition. The decision of the Government to send troops to Haiti to participate in the United Nations sponsored Multinational Peacekeeping force is quite in consonance with constitutional framework and international commitments and not derogatory to any provision of the Constitution although the fundamental principles of State Policy cannot be enforced in writ jurisdiction under Article 102 of the Constitution but yet it serves as a guide to the interpretation of the Constitution by the Court. Although there is no positive law in the statute that before impounding a passport the holder of the passport shall be heard, yet the justice of common law will supply the omission of the legislature. Bangladesh is an agrarian country (current population 161 million in 2015) 12 with agriculture responsible for 30% of the country's gross domestic product (GDP), 51% of the labour force and >90% of rural employment. , 20 BLD ( AD ) 174 Farooque Vs. 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