Article 102- The Language used in the Rule issuing Order
Article 102- The Language used in the Rule issuing Order ” and /or pass such other or further order as this Court may deem fit and poor”;in no way, give a Court jurisdiction to give relief to a party or to hold something or to make any declaration or to make observation and recommendations beyond the Rule issuing order; such a language gives jurisdiction to a court or authorises a Court to give only the ancillary or consequential relief that may follow from the Rule issuing order. ( Per Md Abdul Wahaab Miah, J ( dissenting) Tayeeb ( Md) vs government of the peoples republic of Bangladesh(Civil),67 DLR (AD)(2015),57
Article 102
Filing of the application, although a procedural requirment, but since this is not an absolute pre- condition for exercise of the powers of the learned Judges under Article 102 of our constitution,may in their discretion be dispensed with to act on their own motion,on the basis of the information contained in letters,telegrams and even on a news paper report, to dispense justice accordingly to law to the oppressed. ( Per Md ABM Khaireul Haque, CJ, agreeing with Sayed Mahmud Hossain, J who delivered the majority judgment) Tayeeb (Md) vs Government of the people’s republic of Bangladesh (Civil), 67 DLR (AD) (2015) ,57
Article 102
High Court division could not and can not exercise any power either original,appellate and other jurisdiction and powers unless such powers are vested on it either by any provision of the constitution or law. ( Per Md Abdul Wahaab Miah, J ( dissenting) Tayeeb ( Md) vs government of the peoples republic of Bangladesh(Civil),67 DLR (AD)(2015),57
Article 102
The Judges are bound by their oath to uphold the provisions of the Constitution including the fundamental rights of the people guaranteed therein. The mere procedural veil can not smog and delude their conscience. They ought to rise to the occasion when the constitution is violated or fundamental rights are endangered or even threatened. ( Per Md ABM Khaireul Haque, CJ, agreeing with Sayed Mahmud Hossain, J who delivered the majority judgment) Tayeeb (Md) vs Government of the people’s republic of Bangladesh (Civil), 67 DLR (AD) (2015) ,57
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