Passport Act (XXXIV of 1920), ss.3, 4, 5--Bangladesh Passport Order (P.O. 9 of 1973), Arts. 7 A 11--Passport (Offences) Act (LVI of 1952), s.3--Passport Rules, 1974, r.9--Passport Rules, 1955, rr.4 & 6.

Passport –

A person can be denied entry in Bangladesh if he does not possess a valid passport--Suppression of material facts in obtaining passport Joes not render the passport invalid--For such suppression the holder of passport may be otherwise dealt with but cannot be denied entry in Bangladesh-

The respondent has not brought on record any material on which it could be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport is not a valid passport. It is not alleged by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the test applied under rule 4 of the Passport Rules, 1955 it cannot be said that the passport which Towab was holding at the time of his arrival at Tejgaon Airport was not a valid passport. On the allegation that Towab obtained the passport in question on suppression of material facts in a clandestine manner he may be appropriately dealt with in accordance with law but he could not be refused entry into Bangladesh on such allegation.

Power of Attorney—

When petition has been filed against the Government by virtue of Power of Attorney authorising institution of legal proceeding against Government, the Power of Attorney is not invalid and does not attract the mischief of Art. 52 of the Constitution merely because it authorises the donee to institute legal proceeding against the President--Constitution of Bangladesh (1972), Arts. 52 & 102-Power of Attorney Act (of 1882), s.2

Constitution of Bangladesh (1972), Art. 102--Power of Attorney Act (of 1882), s.2

Writ petition--Locus standi--Petition by a person as constituted attorney of the person aggrieved is maintainable--

Writ petition--Aggrieved person--No hard and fast meaning could be ascribed to the term "aggrieved person"--The meaning of the term is to be determined with reference to facts and circumstances of each case.

Writ petition--Government of Bangladesh made respondent--Petition not bad for not impleading some of the officers of the respondent.

Writ--Mandamus--Demand for justice—

When there are special circumstances to indicate that demand for justice would be futile, mandamus can issue even though no demand for justice was made prior to filing of the writ petition

Writ--Mandamus--Respondent having not denied the impugned action, the objection that mandamus has never been issued only for declaring that act of a person is unlawful or for declaring the title of a person to an office has been overruled. 

Hindu women's Right to Property Act (XVIII of 1937); Section 3

State Acquisition and Tenancy Act (XX VIII of 1951); Section 96

Right to claim preemption a Hindu Widow –

During the period of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, with the right to claim partition and consequently having the right to claim preemption. 

Compulsory Retirement of Government Servant –

No materials were produced before the Court to show that the authority considered the necessity of such retirement and the retirement is in public interest—

Government did not apply its mind as to why amongst 34 doctors who completed 25 years of service the petitioner should be singled out for compulsory retirement--Such retirement must be held to be discriminatory and ordered with ulterior motive…….(4 & 5) 

Public Servant Disobeying Court's Order

Contempt of Court- 

Code of Criminal Procedure (V of 1898); Section 386

Army Act (XXXIX of 1952); Section 142

Sentence of Fine Imposed by Summary Military Court - Whether Such Fine is a Decree and Can be Executed through Civil Court—

In relation to the provision of Army Act which have been made applicable in the case of summary Military courts and the Code of Criminal Procedure, there was no illegality in executing the decree passed by the Summary Military Court in respect of the sentence of fine in accordance with the procedure laid down under the Code of Criminal Procedure……(5)