The Constitution of Bangladesh, Article 102.

A Petition of Public Interest Litigation

In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of the State or a local authori­ty or public authority or executive excess causes a legal injury to a specific class or group of individuals or a public injury or public wrong or infraction of fundamental rights affecting a number of people is involved the exercise of jurisdiction by Court is justiciable. If grievances of those people are unredressed due to poverty, lack of education, helplessness, social dis­ability, only then the Court would enter­tain a petition if a public spirited person or organisation comes to Court on their behalf. In other words, more clearly the underprivileged or the poor who are unable to come to Court due to illiteracy or monetary helplessness, a petition on their behalf will be wel­comed. The litigation must have been ini­tiated for the benefit of the poor or any number of people who have been suffering the common injury but their griev­ances can not be redressed as they are not able to reach the Court……………………………..(20)

Conversely, if the said class or group who are injured by the action do not wish to claim a right or relief against such inva­sion and accept such act or omission with­out protest, no member of the public or organisation making the relief has suffered a secondary public injury can maintain any petition against such act or omission, or when an act or omission is of such a nature which shocks the judicial con­science, the Court should extend its jurisdiction………………………………(21) 

Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or material produced by the complainant at the enquiry not the oral testimony or any material adduced on behalf of the defence, being defence version which can be considered only at the time of trial and as such cannot be entertained by the Enquiry officer at the enquiry. The Enquiry officer of his own accord cannot examine any person as neutral witness which cannot form the basis of the Enquiry report…………………………(9)  

An appeal is the continuation of the suit and the appellate Court has similar power like that of the trial Court and the appellate Court in appropriate cases can obtain additional evidence including taking opinion of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within its jurisdiction and is not an access to its jurisdiction...........................(20) 

Words and phrases

Any

The word “any” used with singular countable nouns refers to one of a number of things or people when it does not matter which one. [Oxford Advanced Learner's Dictionary, Sixth Edition]. "Any" has been interpreted in different laws as to the intents of the statutes or the law. In the Law Lexicon by Pramantha Aiyar and has been interpreted as word 'any' may have one of several meanings according to the circumstances, it may mean all, each, every, some or one or more out of several. It has also been interpreted in a negative sense as two are together equivalent to an emphatic negative, none at all 'not even one' as there has never been any doubt about that………………………………(6 & 7)

It has also interpreted as anybody or any person as per Rule 10, Bengali Chamber of Commerce Rules of Tribunal of Arbitration and means one or more out of several and includes all. As per Bihar and Urishya Municipal Act, 1972 'any' in section 259 does not mean all the business and trade specified therein, but, in Bihar Panchayet Election Rule-1979 under Rule-2 (G) means all. In the case of Beerappa Vs. State of Mysore, AIR 1965- 227 (full Bench), a case under Bombay Municipal Boroughs Act, Act 18 of 1925, in section 11 A(2) 'any' has been interpreted point of distributive construction wide generally. In the case of Ahmadji Bhai Vs. State of MP, AIR 1953 Nag 29 'any' in section 2(c) of Berar Sales Motor Sprint Lubriant Taxation Act, Act 14 of 1938, interpreted as each and every as "only rational meaning that can be attached to the adjective 'any' in section 2(C) is no matter what and it is impossible to give it the meaning each and every"……………………………(8)

‘Any’ means one out of many, an infinite number, one indiscriminately of whatever kind or quantity of many be employed to indicate all or every, as well as, some or one. It is often synonymous with either, every or all. ‘Any’ can be interpreted as some, one out of many, an indefinite number. One indeterminately of whatever kind or quantity. 'Any' does not necessarily mean only one person but may have reference to more than one or too many. [Black's Dictionary, 5th Edition]……………………………(9)

Word any has a diversity of meaning and may be employed to indicate all or every as well as some or one and its meaning in a given statute depends upon the context and the subject matter of the statute. ‘Any’ is often synonymous with either, every or all. Its meaning generally may be restricted by the context thus, the giving of a right to do some act at any time is commonly constructed as meaning within a reasonable time and the words 'any other’ following the enumeration of particular classes to be read as other such like and include only others of like kind and character…………………………(9)

In Consumer Protection Act, Act 68 of 1986 'any', in the case of Lucknow Development Authority Vs. MK Gupta, AIR 1994 (SC) 787, means one or some or all. In the case of Sudhir Kumar Mukherjee and Sham Lai Shah Vs. State of West Bengal, AIR 1973 (SC) 2655 'any act' under section 511 of the Penal Code interpreted including the notion that the final act short of actual commission is alone punishable. In the case of Yeshwant Sitaram Desai Vs. Jaisingaro A Rane, AIR 1974 Goa-4, 'any' under section 81 of Representation of the People Act, 1951 interpreted a candidate, not a candidate in the entire process of election of parliament or assembly. In section 82(b) of Representation of People Act, Act 43 of 1951, 'any' in the case of SB Adityan Vs. S Kandaswami, AIR 1958 Mad 171, has been interpreted against whom allegations of any corrupt practice are made. In Order XXI, rule 2 of the Code of Civil Procedure the words 'any court' have been constituted to mean only 'any' civil Court. In the case of Ramchand and Sons Sugar Mills Vs. Kanhayalal, AIR 1966 (SC) 1899 in a case under Order XXIX, rule 3 of the Code of Civil Procedure, it has been held that "any director in Rule-3 need not be same who verified a pleading or on whom summons has been served. He can be any one of the directors who will be in a position to answer material questions relating to the suit. In the case of Rambhan Vs. Vinkar Co-operative Society, Cheda AIR 1966 (Bom) 187, a case under section 91 (1) of Maharashtra Co-operative Society Act, 1961 it has been held 'any dispute' which the Registrar of Cooperative Society is competent to try and decide. In the case of Yeshwant Sitaram Desai Vs. Jaising Rao A Rane, AIR 1974 (Goa) a case under Representation of the People Act, 1951, where 'any' election has been defined only the constituency from which the election is to be held is to be taken into consideration and not the entire body to which the elections are to be held. In the case of Tolaram Mulchand Vs. Shop Inspector, Nagar Palika. AIR 1959 MP-382, a case under section 53(1) of Madhya Bharat Shops and Establishment Act, Act 7 of 1952, where the expression 'any one' of the individual partners or members means only one and not more than one of the individual partners or members can be prosecuted. In the case of Md. Sharifuddin Vs. RP Singh, AIR 1961 (SC) 1312, a case under section 24 of Administration of Evacuee Property Act, 1950, 'any person' under section 24 of the Act has been defined the person whose property has been declared as evacuee property by the Custodian…………………………(10)

In relation to negotiable instruments, the word 'any' resembles 'one' not more than one. Any may be used for more than one, even numerous, when it stands in between two classes of people, things, another, etc. and in that case also, it represents one class. By any imagination 'any' cannot go beyond one. Law barred in initiating 'any' proceeding in which several cheques have been involved……………………………(12)

The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); section 138

In section 138 of the Act the drawee on receipt of the information from the Bank is bound to issue the notice within a specified period. Cheque has a validity for six months and one can present the cheque for encashment as many times within this 6 months period but law provides that on receipt of information from Bank means as soon as the drawee received the notice of dishonoring of the cheque from Bank, which cannot mean or be imagined that any dishonoring of cheque upto and of six months. In that case it will be anarchy in the initiation of proceeding and make the law itself as meaningless. The drawee is to choose when he/she is presented the cheque for encashment and on dishonoring of the cheque, when he/she will have to go for litigation, not waiting for dishonoring of cheque for the next time. Section 138 of the Act gives special law of limitation and it starts from the date of presenting the cheque and 'on' receipt of the information from the Bank, on receipt of the information means and includes as and when the drawee received the notice of dishonoring of the cheque. Court has a duty to elaborate law but evenhandedly within the framework of law but cannot interpret the law to give a different meaning for which the law has not been promulgated and thereby frustrate the intents of the law...............(16) 

The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (Presidents Order No.16 of 1972); Purpose of enactment

The purpose of the Presidents Order No.16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by, certain persons who are not present in Bangladesh or whose whereabouts are not known or who have ceased to occupy or supervise or manage in person their property or who are enemy aliens. Its purpose is not to declare as abandoned the property of the citizens who are very much present in Bangladesh and who have been occupying, supervising arid managing their property at all times………(11)

The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (Presidents Order No.16 of 1972); Article 7

After the issuance of the notice leaving the matter hanging without perusing it further or taking possession of the property as required under article 7 of Presidents Order 16 of 72 if not proves malafide definitely show gross negligence on the part of the respondents. Serving a notice upon a Bangladeshi national under the provisions of Abandoned Building Ordinance, 1985 on a wrong address without his knowledge and making no attempt to take possession or to ascertain the status of the property for a long time cast doubt as to the bonafide of the respondents' intention to serve a proper and effective notice to surrender the possession of the property included in the 'Kha’ list. Such a notice cannot be considered a notice in the eye of law. It cannot be said that the plot has been lawfully included in the list of abandoned building published in the Gazette notification on 23‑9‑86…………………………(15)

Invocation of writ jurisdiction even when efficacious alternative remedy is available

The Bangladesh Biman Corporation Employee (Service) Regulations, 1979; Regulation 52(1)

Regulation 52 (1) gives the Biman authority ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a legitimate expectation to continue in the serv­ice till achieving the age of superannuation. Of course, there is no guarantee that he will be able to continue in such service but as long as he works honestly, efficiently and to the satisfaction of the employer he can legitimately have such an expecta­tion. The power of terminating any employee simply by giving in a notice of three months or by giving him salary for the said period does not mean that the respondents will be entitled to exercise their power unabatedly at their will. The power has to be exer­cised with reason and fairness. Unless the termination letters are issued without assigning any reason, this can hardly be said to be consistent with fairness……..…(42)

Even if the administra­tive authority has the right to exercise its power of termination of service of its employee, such power must not be exercised arbitrarily and whimsically but must be exercised fairly and reasonably. What is reasonable is a question of fact and must be decided on a case to case basis. When employees of a statutory body like Biman have been working for the Corporation for several years, they cannot be ter­minated from service suddenly by taking recourse to a provision i.e. Regulation 52 (1) without assigning any reason. This clearly shows administrative arbitrary high handedness and cannot be justified simply on the plea that it is termination simpliciter and does not attract any stigma........................................(46)