The Judges of Sub-ordinate Judiciary
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The Constitution of Bangladesh, 1972
Article 111 & 149
The Law Reports Act, 1875
The Judges of Sub-ordinate Judiciary, as a whole, are not empowered to
interpret laws or making a precedent, rather, are bound to apply
“existing laws”–– As the Judges of Sub-ordinate Judiciary, as a
whole, are not empowered to interpret laws or making a precedent, rather,
are bound to apply “existing laws” as it is, it is better for them only
to cite or rely on the existing laws and case laws applicable in our
jurisdiction and at the same time refrain from rely on foreign case law,
not covered under the constitutional scheme framed through Article 111 and
Article 149 of the Constitution of Bangladesh as discussed above. Moreover,
as per the provisions of the Law Reports Act, 1875 and practices of the
Court, using of reference books other than recognized law reports, is not
appropriate. .....Terab Ali =VS= Syed Ullah, (Civil), 2022(2) [13 LM (AD)
555]
....View Full Judgment
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Terab Ali =VS= Syed Ullah |
13 LM (AD) 555 |
Judges of Sub-ordinate Judiciary
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Constitution of Bangladesh
Article 111 and Article 149
Law Reports Act, 1875
Judges of Sub-ordinate Judiciary are not empowered to interpret laws:
The Judges of Sub-ordinate Judiciary, as a whole, are not empowered to
interpret laws or making a precedent, rather, are bound to apply
“existing laws” as it is, it is better for them only to cite or rely on
the existing laws and case laws applicable in our jurisdiction and at the
same time refrain from rely on foreign case law, not covered under the
constitutional scheme framed through Article 111 and Article 149 of the
Constitution of Bangladesh as discussed above. Moreover, as per the
provisions of the Law Reports Act, 1875 and practices of the Court, using
of reference books other than recognized law reports, is not appropriate.
...Terab Ali & ors Vs. Syed Ullah & ors, (Civil), 17 SCOB [2023] AD 34
....View Full Judgment
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Terab Ali & ors Vs. Syed Ullah & ors |
17 SCOB [2023] AD 34 |