article 47 bangladesh

1960 (SC) 554, A.I.R. Hussain Chowdhury vs Bangladesh 41 DLR (AD) 165. L. Rev. I of 1977 was Saleha Begum Vs The Chairman, First Court of Settlement, Dhaka and another, 17 BLD (HCD) 241. IV of 1976 and then again doing away with the same by 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; and another 47 DLR (AD) 1. The dictum of restitution of conjugal rights is a violation of the concept of liberty, freedom, equality and social justice enshrined in our Constitution. It is not the merit at the time of recruitment but it is the merit at the end of the training which governs the question of seniority according to Regulation 18(c). Raj Kumar Behani Vs. Bangladesh and others, 15 BLD (HCD) 613. Bangladesh and another 47DLR (AD) 1. 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. 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. Anwar This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. 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. Article 31 provides that to enjoy the protection of the law and to be treated in accordance with law and only in accordance with law, is the inalienable right of every citizen wherever he may be and of every other person for the time being within Bangladesh and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law while Article 42(1) provides that subject to any restrictions imposed by law every citizen shall have the right to acquire, hold transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalized or requisitioned save by authority of law. Since no reasonable basis for classification for placing in groups for training could be proved it was obvious that there was enough scope for arbitrary selection and as such it is violative of the equality clause as being arbitrary and discriminatory. (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. Mst. Bangladesh Biman Employees (Service) Regulations, 1979, Regulation—18(c). Dr. Manzoor Rasheed Chowdhury v. The Principal, Dhaka Medical College, Dhaka and others, 22 BLD (HCD) 6. 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. 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. Secretary, Ministry of Finance, Government of Bangladesh Vs Mr. Md. R. 1982 (SC) 149; 401 O.S. The people of Bangladesh, under Art.31 of the Constitution are entitled to enjoy the protection of laws enacted in Bangladesh. Dewanbagh Darbar Sharif and another v. The Government of the people’s Republic of Bangladesh and ors, 22 BLD (HCD) 401. 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. (SC) 344; (1897), Act 11; World Commission on Environment and Development published by Oxford University Press in 1987; (1995) 2 SCC 577 (580); Constitution at Law of Bangladesh—Mahmudul Islam— Cited. Bangladesh - Bangladesh - The Pakistani period, 1947–71: Although the boundaries of East Bengal were based ostensibly on religion, they did not entirely reflect it. Their impoverishment lead them to float and flock together in certain areas where vacant space is available and start by constructing huts in slums engaging themselves in the jobs of rickshaw-pulling, day labourer and garment workers, maids etc. (1) The State shall endeavour to ensure equality of opportunity to all citizens. 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. order is passed retiring a member of disciplined force such an order is beyond 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. A. (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. 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. 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. the right to freedom of expression, assembly, association, movement and profession Distinction between Human rights and Fundamental rights Home » Government Forms » ডাউনলোড ফর্মস. Md. It has certainly no duty to investigate an offence that is punishable under the Penal Code or any other law. Bangladesh Bank Order and The Bangladesh Bank (Staff) Regulations Regulation 12(u). Second Amendment: The actual Constitution did not have any prerequisite for declaration of state of emergency and defensive detention. This expression is wide enough to include expression of one’s opinion in the form of comments, explanations, annotations, solutions and answers to questions on ideas expressed by others. 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. 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. Hussain Muhammad Ershad Vs Bangladesh and others, 21 BLD (AD) 69. & ors 52 DLR. 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. 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. The professional misconduct, under a service rule  might amount to a criminal offence, the courts are there to deal with it. 2-5 as nominee-directors. This right is always subject to any restrictions imposed by law. Vs. State of Kerala and ors, A1R1997 (Kerala) 291; A1R1998 (SC) page 1984; State of Texas Vs. Johnson, 491U.S.A. R. 1978 (SC) 597; Syed Mokbul Hossain Vs. Bangladesh, 44 DLR 39; Rafique-ul-Huq Vs. Bangladesh, 44 DLR 398—Cited. This right is also recognised by the Bangladesh Passport Order, 1973. Every citizen has the freedom of expression which is guaranteed under Article 39 of the Constitution. 54 of 1972)]. The State and another, 15 BLD (HCD) 537. 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. 1. India also enshrined the food-related provision in Article 47 which is within the part of the directive principles of its Constitution. 754; PLD 1992 (Karachi) 54; (1968) 2 QB 118; (1971) 1 WLR 1037; (1973) QB 241; (1976) 1 WLR 550; [1981] 2 All ER 93; [1990] 1 All. Col Md or the maintenance of discipline. fundamental rights subject to the provisions of Article 45. Two sests of Alhaj Habibur Rahman and others v. The Secretary, Ministry of Environment and Forest and others, 22 BLD (HCD) 521. 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. By year's end, political tumult posed a serious threat to the future of Bangladeshi democracy. Division under Article 102". 1 st Time Manufacturer of Surgical Suture in Bangladesh. 57 of 1972)]. Article 26 to 47 of Bangladesh constitution confers a number of substantive fundamental rights on every citizen of Bangladesh e.g. Sub-paragraph (6) of Paragraph 6 of the Transitional and Temporary Provisions of the Fourth Schedule mandates compliance of Chapter II of Part VI of the Constitution which in effect requires all concerned to maintain, preserve and protect the independence of the judiciary and also to enhance the separation of the judiciary from the executive and preserve the then arrangement as a temporary and transitional one. 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. rule' cannot be avoided on the ground of irreparable injury or expeditiousness 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. The freedom of speech and expressions cannot be limited only to original ideas and views but it should extend to the views and comments of others. the scope of judicial review under Article 102 of the Constitution as such the Bank and others vs Mohammad Abdul Mannan 46 DLR (AD) 1. 1958 (SC) 578; 1962 (SC) 305;—Cited. The principles contained in Articles 39(a) and 41 must be regarded as equally fundamental in the understanding and interpretation of the meaning and content of fundamental rights. A fundamental right can never be invoked for violating any provision of law or other mans right under the law. Though the petitioner is in possession of the house from the time of his allottee husband treating the same as abandoned property and inclusion of her house in the ‘Ka’ list of abandoned building is not only contrary to the provisions of P.O. Acquisition and Requisition of Immovable property (amendment) act, 1994. Ref: 43 DLR (AD) 126; 26 DLR (SC) 44; S.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. The impugned The amended notification published by the University, by which respondent No. (Per Mahmudul Amin Choudhury, CJ). 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. 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. The State, 33 DLR 12; State Vs Emdad Ali Bepari, 36 DLR333—Cited. Khulna. Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860. (Article 27), Uganda (Article 14) and Ukraine (Article 48). Freedom of speech and expression and freedom of the press as enshrined in clause (2) of Article 39 of the Constitution mean and include expression, publication, distribution and circulation of anything and any idea of any sort subject to the restrictions that may be imposed by law for securing any of the eight purposes enumerated in clause (2) of Article 39 of the Constitution. 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 … Mymensingh . Accordingly the first amendment to the Constitution of Bangladesh was made on 15 July 1973 to include Article 47 (3) for prosecution and trial of persons accused of genocide, crimes against humanity or war crimes and other crimes under international law. | Designed & Developed by SIZRAM SOLUTIONS. right of the Text Book Board being infringed as would be permissible under Article 39(2) of the Constitution. With all the restriction contained therein by restoring the integrated Supreme Court by Proclamation no. To upload their writes up in this site may be imposed in the and. Constitution and as such void of Salary of Employees ) Order,,... & others Vs Mr. Md every person means both a citizen and a non-citizen [ A.! 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