Judicial Dictionary



Title Law
Details

Law is a code that regulates the behaviour of members of a society. Law has been defined as a "system of rules", as an "interpretive concept" to achieve justice, as an “authority” to mediate people's interests, and even as "the command of a sovereign, backed by the threat of a sanction". The numerous ways law might be thought of reflects the numerous ways law comes into everyone's lives.
“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 Constitution of Bangladesh,1972, Art. 152(l)]
The expression "law" includes, where the trust-property is immoveable and situate in a foreign country, the law of such country. ….. [Section 4, explanation of the Trusts Act, 1882]
Before striking down a law having far reaching consequences, Courts should be extremely cautious and act on the principle that the affair should prosper, rather than be brought to naught. ….. [Province of East Pakistan vs. Sirajul Huq Patwari (1976) 19 DLR (SC) 281]
Where a law having both force and operation is robbed of its operation by virtue of a judicial finding that its provisions are inconsistent with those in a major law, such law is as much a law in force, as another law duly enacted which awaits a further act of a legislature or competent authority for bringing it into operation. ….. [Province of East Pakistan vs. Md. Mehdi Ali (1959) 11 DLR (SC) 318]
Any order passed under the provision of Article 116 of the constitution shall have the essence of "law" within the meaning of the definition of law as enunciated in Article 152 of the Constitution as the same is a "order" passed by the highest authority of Bangladesh under the Constitutional provision…. The order passed by the President under Article 116 of the Constitution in respect of the control including the posting promotion and grant of leave and discipline of persons employed in the judicial service and Magistrate exercising judicial function has the essence of law and as such challengeable under Article 102 (2) of the Constitution on the ground of Corum Non Judice, malafideand ultravires of the Constitution. ….. [14 MLR (HCD) (2009) 373]