Vs. anoharan Mazumder & Ors 13 BLT (AD)198, Article —108 read with Bangladesh Legal Parliament in exercise of its power under Article 136 cannot usurp the primary A valuable right accrued to the appellant in since for temporary measures some provisions of the Constitution will remain call for any records pending before the Subordinate Court but then in a case It was plainly and It appears from the provisions of the 13th Amendment that the legislature purposely used the word “ineffective” for a limited period after which the relevant provisions of the Constitution will revive automatically. 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. 8 BLT (AD)-95. If after gathering facts the President has a choice of action to be taken in accordance with the law declared by the High Court Division. No appeal lies to the Division Bench of the High Court Division. “or”. on the morning of 15th August, 1975—I must say that there is a fundamental The High Court Division held that the President shall exercise all those functions not through the executive organ of the state but through the Supreme Court by making suitable rules. Ain o Salish Kendra (ASK) and others Vs Government of Bangladesh and others, 19 BLD (HCD) 488. facts revealed in the two reports. According to the definition of judicial service’ a District Judge is also a person employed in the judicial service. It remained within the special knowledge of the President as to the Constitution of Bangladesh. in the post of Chief of Army Staff. Practitioner and Bar Council Order, 1972 Section-20. The members of judicial service and magistrates exercising judicial functions are in the service of the Republic holding civil posts and as such they cannot be deprived of this constitutional protection. A Primer on Crime and Delinquency Theory, Third Edition by Robert M. Bohm. Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; We should not & Ors 16BLT(HCD)119. Notice was served upon the appellant through Bangladesh foreign office but he available to the appellant, though a gross injustice has been done to him for and terms and conditions of service of the First and Second Class (Non-Cadre) Article 114 of the Constitution provides that there shall be in addition to the Supreme Court such courts subordinate thereto as may be established by law. law of master and servants either; they will be governed by the rules and flagrant error in the procedure or law has crept in or where the order was Violation of terms and conditions of service may indeed be a violation of law, but if a specific remedy is provided in the Constitution for remedy then that specific remedy shall be availed of by the aggrieved person. Govt. Shahriar Rashid Khan Vs. Bangladesh & Ors. substitution or repeal” by an Act of Parliament. identical with that of the Parliament—the impugned notifications, dated as interpreted It was not for public Held: It As a general rule, regularization of appointment takes effect from the date of recommendation by the Public Service Commission. It contains 11 part, 153 articles, one preamble and seven schedules. statute alleging violation of any law or rule. whatsoever without reference to the provision of law protecting the right of a No Court can direct the Parliament to make laws. —When a Articles 1.15, 116 and 1 16A speak of persons employed in ‘judicial service’ and ‘magistrates exercising judicial functions’. All military personnel, especially the post of Chief of Army Staffs is a position of trust and confidence and the incumbent holds his post during the pleasure of the President. be varied to their disadvantage even by an Act of Parliament. Motiur Rahman & Ors. Idrisur Ref: 40 DLR(AD) 116; Law Reports, Court of Common Pleas, Vol. government and other governmental agencies/organizations in resorting to the 5BLT (HCD)-38. Appellate Tribunal to question the correctness of the decision of the High complete justice. found that though the appellant was appointed as a work-charged employee but no Masdar Hossain & Ors. According to Article -152 of the constitution of People’s Republic of Bangladesh ‘Law’ means any Act, ordinance, order, rule, regulation, bye- law, notification or other legal instrument and any custom or usage, having the force of law in Bangladesh. the respondents were persons in the service of the Republic and as such the 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. under the Union or a State Government.” (Basu, Commentary on the Constitution The Parliament in exercise of its power under Article 136 cannot usurp the primary rule-making power of the President under Article 115. and in injunction is hereby granted restraining every one of them until further 1975 have no application M.P. with any civil administrative executive services. It is for the rule making authority, namely, the President to decide the manner and method of appointment of members of judicial service and magistrates exercising judicial functions. Article 109 of the Constitution provides that the High Court Division shall have superintendence and control over all courts subordinate to it. Secretary, Ministry of Finance, Government of Bangladesh Vs Mr. Md. 676; A.C. 409; B.L.D. Ref: A.I.R. As a general rule, regularization is not tenable in law. Ref: Mujibur Rahman (Md.) Sha hid Uddin Ahmed documents. the writ petitions have became in fructuous and as such we are reluctant to the appointment and condition of service of person in the service of the Since the provisions of the I 3th Ors. United Commercial Bank Limited Vs Messrs. 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