Bangladesh Italian Marble Works Ltd. V. Government Of Bangladesh
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Bangladesh Italian Marble Works Ltd. V. Government Of Bangladesh
''Bangladesh Italian Marble Works Ltd. v. Government of Bangladesh'' is a case of the Appellate Division of the Supreme Court of Bangladesh. In a significant verdict in 2010, the court overturned the fifth amendment to the Constitution of Bangladesh made in 1979; and strengthened the secular democratic character of the Bangladeshi republic. Facts In 2000, the owner of the Moon Cinema Hall in Dhaka filed a writ petition under Article 102 of the constitution claiming that the declaration of the cinema hall as an "abandoned property" was unlawful. It sought a direction upon the government to return the premises to their original owners. In that writ petition, the petitioners challenged the constitutionality of the Fifth Amendment Act 1979, which validated Martial Law Proclamation Orders between 1975 and 1979. A verdict was reached on 29 August 2005 in the Dhaka High Court, in which Justice A. B. M. Khairul Haque and Justice A. T. M. Fazle Kabir declared the Fifth Amendment Act 197 ...
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Supreme Court Of Bangladesh
The Supreme Court of Bangladesh ( bn, বাংলাদেশ সুপ্রীম কোর্ট) 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 adopted in 1972. This is also the office of the Chief Justice, Appellate Division Justices, and High Court Division Justices of Bangladesh. As of December 2022, there are 9 Justices in Appellate Division and 92 Justices (81 are permanent and 11 are additional) in High Court Division.List of Judges in Supreme Court of Bangladesh
SupremeCourt.gov.bd


Structure

The Supreme Court of Bangladesh is divided into two parts: the Appellate Division and the High Court Division. The High C ...
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Chief Martial Law Administrator
The office of the Chief Martial Law Administrator was a senior and authoritative post with Zonal Martial Law Administrators as deputies created in countries such as Pakistan, Bangladesh and Indonesia that gave considerable executive authority and powers to the holder of the post to enforce martial law in the country in an events to ensure the continuity of government. This office has been used mostly by military officers staging a ''coup d'état''. On some occasions, the office has been under a civilian head of state. Pakistan Some famous holders of this post in Pakistan include: # Field Marshal Ayub Khan (1958–62): held the post under President Iskander Mirza. # Lt. Gen. Bakhtiar Rana: held the post of Chief Martial Law Administrator West Pakistan # General Yahya Khan (1969–71): held the post simultaneously as the President of Pakistan. # Lt. Gen. Tikka Khan (1969–71): was appointed Chief Martial Law Administrator of West Pakistan in 1969 and of East Pakistan in 1971 by ...
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Article 70 Of The Constitution Of Bangladesh
Article 70 of the Constitution of Bangladesh is a controversial clause restricting voting freedom in the Parliament of Bangladesh, written in the country's constitution. History Article 70 was written as a result of the Bangladesh Constituent Assembly (Cessation of Membership) Order 1972, promulgated by President Justice Abu Sayeed Chowdhury. The president acted on the advice of Prime Minister Sheikh Mujibur Rahman. The prime minister was upset when a lawmaker from his own party, K. M. Obaidur Rahman, raised a question in the Constituent Assembly of Bangladesh, as to why the assembly had no law making powers. Under the interim constitution in 1972, law making powers resided with the executive branch. Text The text of the article is given in the following:- Implications The article has the effect of preventing free votes and crossing the floor by Members of Parliament. If MPs vote against their party, they automatically lose their seats. As a result of Article 70, Bangladesh' ...
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Federation Of Pakistan V
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is typically constitutionally entrenched and may not be altered by a unilateral decision, neither by the component states nor the federal political body. Alternatively, a federation is a form of government in which sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs. It is often argued that federal states where the central government has overriding powers are not truly federal states. For example, such overriding powers may include: the constitutional authority to suspend a constituent state's government by in ...
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Parliamentary Supremacy
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. In some countries, parliamentary sovereignty may be contrasted with separation of powers, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. Many states have sovereign legislatures, including the United Kingdom, New Zealand, the Netherlands, Sweden, Norway, Denmark, Finland, Iceland, Barbados, Jamaica, Papua New Guinea, the Solomon Islands, a ...
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Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 243 million people, and has the world's Islam by country#Countries, second-largest Muslim population just behind Indonesia. Pakistan is the List of countries and dependencies by area, 33rd-largest country in the world by area and 2nd largest in South Asia, spanning . It has a coastline along the Arabian Sea and Gulf of Oman in the south, and is bordered by India to India–Pakistan border, the east, Afghanistan to Durand Line, the west, Iran to Iran–Pakistan border, the southwest, and China to China–Pakistan border, the northeast. It is separated narrowly from Tajikistan by Afghanistan's Wakhan Corridor in the north, and also shares a maritime border with Oman. Islamabad is the nation's capital, while Karachi is its largest city and fina ...
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Parliament Of Bangladesh
The Jatiya Sangsad ( bn, জাতীয় সংসদ, lit=National Parliament, translit=Jatiyô Sôngsôd), often referred to simply as the ''Sangsad'' or JS and also known as the House of the Nation, is the supreme legislative body of Bangladesh. The current parliament of Bangladesh contains 350 seats, including 50 seats reserved exclusively for women. Elected occupants are called Member of Parliament, or MP. The 11th National Parliamentary Election was held on 30 December 2018. Elections to the body are held every five years, unless a parliament is dissolved earlier by the President of Bangladesh. The leader of the party (or alliance of parties) holding the majority of seats becomes the Prime Minister of Bangladesh, and so the head of the government. The President of Bangladesh, the ceremonial head of state, is chosen by Parliament. Since the December 2008 national election, the current majority party is the Awami League led by Sheikh Hasina. Etymology The Constit ...
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Secularism
Secularism is the principle of seeking to conduct human affairs based on Secularity, secular, Naturalism (philosophy), naturalistic considerations. Secularism is most commonly defined as the Separation of church and state, separation of religion from civil affairs and the state, and may be broadened to a similar position seeking to remove or to minimize the role of religion in any public sphere. The term "secularism" has a broad range of meanings, and in the most schematic, may encapsulate any stance that promotes the secular in any given context. It may connote anti-clericalism, atheism, Naturalism (philosophy), naturalism, Nonsectarian, non-sectarianism, Neutrality (philosophy), neutrality on topics of religion, or the complete removal of religious symbols from public institutions. As a philosophy, secularism seeks to interpret life based on principles derived solely from the material world, without recourse to religion. It shifts the focus from religion towards "temporal" a ...
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Fifth Amendment To The Constitution Of Bangladesh
The Fifth Amendment to the Constitution of Bangladesh inserted " In the name of Allah, the Beneficent, the Merciful" at the beginning of the constitution and validated all laws made by military rulers following the 15 August 1975 Bangladesh coup d'état. It was passed in 1979 under a parliament led by President Ziaur Rahman. The amendment fundamentally altered the nature of the constitution of Bangladesh. The amendment was declared illegal in a verdict of the Supreme Court in 2010. The Fifteen Amendment to the Constitution of Bangladesh, passed in 2011, restored secularism. Background President Sheikh Mujibur Rahman was killed in the 15 August 1975 Bangladesh coup d'état and his government replaced by a military one. The second parliament was formed in 1979 led by President General Ziaur Rahman which passed the 5th amendment. After the coup, the new president, Khondaker Mostaq Ahmad, repealed the Bangladesh Collaborators (Special Tribunal) Order 1972 which allowed for the tria ...
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Surendra Kumar Sinha
Surendra Kumar Sinha (born 1 February 1951), commonly known as SK Sinha is a Bangladeshi lawyer and jurist who served as the 21st Chief Justice of Bangladesh. He resigned from the position in November 2017 amid the 16th amendment verdict controversy. Early life and education Sinha was born in a Kshatriya Family in the present-day Tilakpur village in Kamalganj, Moulvibazar District in 1951 to Bishnupriya Manipuri parents, Lalit Mohan Sinha and Dhanabati Sinha. He obtained his bachelor of laws degree in 1974 from the Sylhet Law College. Career Sinha enrolled as an advocate of the District Court, Sylhet in 1974 and practiced in that court under the guidance of two civil and criminal lawyers and conducted sessions trial cases independently till the end of 1977. He obtained the permission to practice before the High Court Division and Appellate Division of the Supreme Court of Bangladesh in 1978 and 1990 respectively. Sinha was elevated as a judge of the High Court Division on 24 O ...
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Awami League
In Urdu language, Awami is the adjectival form for '' Awam'', the Urdu language word for common people. The adjective appears in the following proper names: *Awami Colony, a neighbourhood of Landhi Town in Karachi, Sindh, Pakistan *Awami Front, was a front of six Muslim political parties in Uttar Pradesh, India * Awami Muslim League (Pakistan), a Pakistani political party * Awami National Party, a secular and leftist Pashtun nationalist political party in Pakistan *Bangladesh Awami League, often simply called the Awami League or AL, one of the two major political parties of Bangladesh *National Awami Party, progressive political party in East and West Pakistan *National Awami Party (Bhashani), split-off from National Awami Party in East Pakistan *National Awami Party (Wali), Wali Khan faction of the National Awami Party was formed after the 1967 split in the original National Awami Party *National Awami Party (Muzaffar) or Bangladesh National Awami Party, political party in Banglad ...
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