Act/Law wise: Judgment of Supreme Court of Bangladesh (AD)
Chittagong Hill Tracts Regulation, 1900 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Section 17 |
Chittagong Hill Tracts Regulation, 1900
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Wagachara Tea Estate Ltd =VS= Muhammad Abu Taher | 3 LM (AD) 478 |
Section 17(3) |
On a plain reading of the Regulation of 1900, one may arrive at the conclusion that this Regulation was promulgated with the object of giving a special privilege to the indigenous people of the three hill districts to protect and safeguard their culture, traditional practices and customs, and they should not fall prey to the tactics of unscrupulous people. A privilege is a special right reserved to an individual person or a limited class of persons, bodies or institutions. Its grant is generally attended by some degree of formality in the form of letters patent or some other document. Privileges would occupy a small circle within a much larger circle of rights. Every privilege is a right but not every right is a privilege. .....Wagachara Tea Estate Ltd =VS= Muhammad Abu Taher, (Civil), 2017 (2)– [3 LM (AD) 478] ....View Full Judgment |
Wagachara Tea Estate Ltd =VS= Muhammad Abu Taher | 3 LM (AD) 478 |
Rule 34 |
The Constitution of Bangladesh, 1972
|
Wagachara Tea Estate Ltd =VS= Muhammad Abu Taher | 3 LM (AD) 478 |
Regulation 48 |
The law regarding succession to the post of the Chief of Mong Circle and
the customs, traditions, usages and the recommendations by the Deputy
Commissioner, three members of the Parliament from Hill Districts, Chairmen
and headmen of the Hill District in consonance to the Chittagong Hill
Tracts Regulation, there is no illegality in the impugned judgment and
order of the High Court Division.
|
Rajkumari Llnika Devi vs Bangladesh & others | 9 BLC (AD) 181 |
Rule-48 |
Respondent No. 1 was the regular Headmen of two Muzas, namely Sekdu &
Naithong Muza under Thanchi Upazila. While discharging his duty as such he
came to know the order of impugned retirement. issued by the Deputy
Commissioner at the instance of the Commissioner, Chittagong Division. This
order was challenged by the respondent in writ petition, inter alia, on the
ground that no show cause notice was served upon him before passing the
said order of retirement—High Court Division found that the retirement
being a kind of punishment it was necessary for the authorities to give a
show cause notice to the writ- petitioner before retiring him from his
office. This having not been done, there was a violation of the principle
of natural justice— Held : High Court Division has rightly interfered
with the order of retirement of respondent No. 1 upon good and valid
reasons. There has neither been any error of law nor miscarriage of
justice. [Para-6]
|
Mr. Ana Ram Tripura Vs. Shwe Hda Prue & Ors. | 4 BLT (AD) 19 |
Regulation 48 |
Bohmong Chief
|
Aung Shwe prue Chowdhury Vs. Kyaw Sam Prue Chowdhury & ors, | 18 BLD (AD) 33 |
Regulation 1 of 1900 is a dead law |
The Session Judge has been given the power to take cognizance of any
offence as a court of original jurisdiction. This power has been given to a
Magistrate in respect of other Session Divisions of the country. The three
districts have been constituted three separates civil jurisdictions under
three Districts Judges and a Joint District Judge has been given power to
exercise a court of original jurisdiction under section 8(4). While
exercising such power he shall follow the existing laws, customs and usages
of the districts concerned, except the cases arising out of Family Laws and
other customary laws of the tribes of the districts of Rangamati,
Khagrachori and Bandarban respectively, which shall be triable by the Mauza
headmen and Circle Chiefs. Against an order, judgment or decree passed by
the Joint District, the District Judge have been given the appellate
power.
|
Ministry of Finance =VS= Rangamati Food Products Ltd. | 5 LM (AD) 302 |
The office of the Bohmong Chief of the Bohmong Circle is not political and
as such the selection and appointment of the Bohmong Chief need not be made
on any political or administrative consideration. Age afid fitness are the
main criterion on the basis of which the Bohmong Chief is selected and
appointed solely according to age-old customs and usages. So long the
senior ftiost male lineal descendant of the Bohmong dynasty is not adjudged
physically and mentally incapable, he can not be denied his customary right
to the office and dignity of the Bohmong Chief.
|
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others | 3 MLR (AD) 41 |