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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]
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