Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Martial Law/ Regulation
Section/Order/Article/Rule/Regulation Head Note
Articles 4 & 5

Martial Law Regulation No. VII of 1977
Articles 4 & 5—
The suit lands do not subscribe to the said definition to be declared as abandoned and the present suits do not come within the mischief of MLR No. VII of 1977 or under the aforesaid provision of the Schedule of the Constitution and the concerned President's Order. Sena Kalyan Sangstha vs Haji Sufi Fazal Ahmed 10 BLC (AD) 198. ....View Full Judgment

Article 5(2)

MARTIAL LAW REGULATION NO. VIII of 1977
Article—5(2)
Abatement of suit or proceeding— Abatement of suit or proceeding when vesting or taking over of any property as abandoned property is not challenged whether legal— When there is no challenge to such vesting or taking over and the Government did not invoke the provisions of Article 5(2) of Martial Law Regulation No. VII of 1977 and even did not apply to the Court for recording abatement of the suit, the Court in recording suo motu order of abatement seems to have ‘roceeded arbitrarily. Asaduzzaman Vs. Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development, 4BLD (AD) 189 ....View Full Judgment

Order 9 of 1982

Review Forum—­
The recommendation of Review Committee or Review Forum is not binding upon the Government. In case of similar recommendation when one is reinstated in service while other of same footing is not, the Government has to show good reason; otherwise such an order is liable to be struck down being discriminatory on unequal treatment. Bangladesh Vs. A.K.M Al-Mamun and others 1, MLR (1996) (AD) 161. ....View Full Judgment

Regulation 18

Martial Law Regulation No. I of 1982
Regulation 18—
It is clear that the Chief Martial Law Administrator interfered with the awarding of sentence and imposed 3 sentences namely, imprisonment, fine and confiscation which the High Court Division rightly found to be not authorised by law when the confiscation has been affirmed in the later part of the order of Chief Martial Law Administrator the High Court Division found that this should be held to be without lawful authority. Bangladesh and another vs Feroz Mehedi 6 BLC (AD) 80. ....View Full Judgment

Order 131 of 1986

Order No. 131 of 1986— Review—
The Martial Law Order No.9 of 1982 provided for review of the order passed thereunder. Subsequently Martial Law Order No. 131 of 1986 provided for review of the pending cases of review by Forum constituted thereunder. Once the order of compulsory retirement has been reviwed by the Chief Martial Law Administrator, there is no scope for review of the same for the second time under Martial Law Order No. 131 of 1986. Mustafizur Rahman Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others 4, MLR (1999) (AD) 16. ....View Full Judgment