Constitutional Service
Lease Matter:
Lease is centered with development activities. The Executive frequently tries to evade lease obligation resulting the infringement of fundamental rights. Hence, the right to enforce the rights come in to play.
Anti-Corruption Matter:
As per the decision of the Apex Court of the country, no citizen can be restrained to leave and re-enter Bangladesh without the Order of the competent Court. Sometimes, immigration department deny to allow citizen to leave country pursuant to the letter of Anti-Corruption Commission. In this circumstances aggrieved person can come before the writ Court and vindicate his fundamental rights of freedom of movement.
Acquisition and Requisition:
Acquisition and Requisition is the general task in development section. It has been done in accordance with law. An aggrieved party can challenge the acquisition and requisition proceedings if it is not done according to the mandate of law.
Division Status in Jail:
According to the provisions of Jail Code, prisoners of special status and superior mode of living are entitled to Division I status in Jail. Against the denial of such legal rights, prisoner can move to the High Court Division under writ jurisdiction.
Judicial Inquiry:
In extraordinary circumstances, an application under Article 102 can be preferred seeking judicial inquiry into any incident or even in connection with criminal offence that shakes the public conscience.
Service Matter:
Disputes arising out of service matter extends to appointment, posting, transfer, terms and conditions of service, suspension, dismissal etc.
Land Survey Tribunal:
The forum to examine the legality and correctness of the decision of the land survey tribunal has not been established yet. Aggrieved party may come before the High Court Division under Article 102 of the Constitution.
Public University:
Being an institution established by the Act of the Parliament, it can sue and can be sued. Any aggrieved person can seek remedy in writ jurisdiction.
Bar Council Exam
Bangladesh Bar Council is statutory public body. It conducts Advocate enrolment examination. Aggrieved person may come before Court against the decision of the Bar Council.
Dismissal of Public Servant:
A public servant may come before the High Court Division under writ jurisdiction challenging the vires of the law and for the enforcement of fundamental rights.
Dismissal of University Teacher:
Public University teacher may come before the High Court Division challenging the dismissal Order.
Dismissal of College and Madrasa Teacher:
Teachers of MPO listed Madrasha and College can challenge the Dismissal Order in writ jurisdiction. It is advised that the aggrieved party submit an application before the Chairman, respective Education Board.
Arhta Rin Matter:
Aggrieved party to the Artha Rin Suit can challenge the Order of the Artha Rin Adalat under Article 102 of the Constitution.
Writ against Statutory Bodies:
Relief can also be sought against statutory bodies like against the Government.
Writ against Private Bodies:
Generally writ can be filed against the Executive, local authority and statutory public bodies. However, in rare circumstances, writ can also be filed against the public body.
Media Law:
Freedom of the press is guaranteed in Article 39(2)(b) of the Constitution of Bangladesh. If this right is infringed, the concerned party may move to the High Court Division to vindicate the rights.
Vested Property:
Represented Real Estate Developer Companies against the inclusion of the property in enemy property lists in a writ petition in the Supreme Court of Bangladesh.
Passport Matter:
Passport being a travel document is precondition to travel abroad. When the authority denies to delivery of passport, the aggrieved person may come to the High Court Division under writ jurisdiction.
Right to travel abroad:
Right to leave and re-enter in the fundamental right of a citizen. If the authority restrain him travelling abroad, he can seek judicial intervention to vindicate his right guaranteed under Article 36 of the Constitution. We represented and advised publishers and politicians against travel ban.
Election Disputes:
Election is the prime condition of democracy. During election, disputes arise out of candidature and polling etc.We represented members of Parliament, Upazilla Chairmen concerning election disputes in the Supreme Court of Bangladesh
Challenging the Vires of Law:
Parliament enacts laws. Sometimes the Act or provisions of Act do not become consistent with the Constitution. Law Lab goes through new Act and challenges the vires of the law if found inconsistent with the Supreme Law of the Country.
Writ seeking Directions and Guidelines:
Legislature cannot contemplate all the problems. There have been situations that demand immediate actions to fill up lacuna. In this regard, the Supreme Court can issue directions in the form of guidelines. Law Lab has identified such issues several times and successfully sought interference of the Court.
NBR and Customs:
Law Lab has represented arrived parties against the arbitrary and malafide seizure of goods in Customs relating to revenue issues.
Habeaus Corpus Writ:
If anyone is presumed to be detained without lawful authority and in an unlawful manner, relief can be sought from the High Court Division under Article 102 of the Constitution.
Compensation:
Aggrieved parties are coming before the writ Court for compensation even in a case tortious liability. Judicial Activism has extended to granting compensation as equitable relief.
Wrongful Custody:
An innocent person may become victim of unnecessary harassment by dint of wrong identification or misrepresentation. In this unwarranted situation, the victim may come before the Court challenging the legality of the criminal proceedings against him.
Delimitation of Constituency:
Delimitations of the constituency is one of the prime job of the state. It must be accomplished in accordance with the stator provisions. Writ Jurisdiction can be resorted to resolve disputes arising out of such purported or
Tender and Allotment:
Tender in Government sector and allotment of government estate is done in accordance with provisions of law made thereof. If it is done without following this statutory mandate, the party to the tender and allotment may move to Court and seek direction.
Remedies against Arrest at Jail Gate:
Arrest at the Jail gate is a severe blow to the fundamental rights of the citizen. Though the relief is criminal in nature, any citizen can come before the Apex Court challenging the purported arrest at the Jail gate and seek restraining direction.
University and Medical Admission:
Aspiring candidates may come before the High Court Division challenging the legality of the discriminatory treatment relating to admission and admission test.
Arbitrary Seizure of Commercial Place:
Search and Seizure ought to be made in accordance with law. The owner of the site may come before the Court and challenge the search and seizure if the same is alleged to have been made without unlawful authority or in an unlawful manner.
Mobile Court:
Trial in Mobile Court by the Executive Magistrate is considered to be an attack on the independence of judiciary. These kinds of trials are violative of fair trial as enshrined in Article 35 of the Constitution of the People’s Republic of Bangladesh.
Disciplinary Force:
The Appellate Division of the Supreme Court of Bangladesh consistently held that a member of disciplinary force may come before the writ Court for the enforcement of his or her fundamental rights.
Monthly Pay Order:
Monthly Pay Order cannot be claimed as of right. However, it can be a subject matter of writ if it is shown that similarly situated person has got the same.