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[1] The High Court Division exercises both original jurisdiction and appellate jurisdiction in civil and criminal matters. The prime jurisdiction of it is the Writ Jurisdiction, pursuant to which it is empowered under article 102 of the Constitution of Bangladesh to issue writ of certiorari, mandamus, quo warranto, prohibition and habeas corpus ...
While accepting the petition, Justice Mustafa Kamal commented that “when a public injury or public wrong or an infraction of a fundamental right affecting an indeterminate number of people is involved, any member of the public, being a citizen, or an indigenous association, espousing the public cause, has the right to invoke the Court's ...
Supreme Court of Bangladesh (Bengali: বাংলাদেশ সুপ্রীম কোর্ট, romanized: Bānlādēś suprīm kōrṭ) is the highest court of law in Bangladesh. It is composed of the High Court Division and the Appellate Division, and was created by Part VI Chapter I (article 94) of the Constitution of Bangladesh ...
Bahio amovendo, a writ to remove a bailiff from his office for want of sufficient land in his bailiwick. [1]Beaupleader [3]; Besayle is a writ directed to the sheriff, in case of an abatement or disseisin, to summon a jury to view the land in question, and to recognise whether the great grandfather died seised of the premises, and whether the demandant be his next heir.
Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. [1] The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English.
The Constitution does not specifically mention the term judicial review, but Article 102 allows writ petitions to be filed at the High Court Division for reviewing laws, the actions and policies of authorities and lower court proceedings. Articles 7(2), 26, 44(1) & 102 are considered to indirectly support the system of judicial review. [167]
A "petition" is printed in booklet format and 40 copies are filed with the Court. [33] If the Court grants the petition, the case is scheduled for the filing of briefs and for oral argument. A minimum of four of the nine justices is required to grant a writ of certiorari, referred to as the "rule of four". The court denies the vast majority of ...
By 1350, the writ certis de causis (the "writ for certain causes"), began having the clause subpoena routinely attached. The writ quibusdam certis de causis is at least as old at 1346, and had subpoena attached. The great objection which common lawyers made to writs in this form was their failure to mention the cause of the summons.