Judicial Dictionary - D

Judicial Dictionary


Legislative Dictionary


Due Process of Law

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CategoryD
TitleDue Process of Law
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The application of the law as it exists in the fair and regular course of administrative procedure.

The best description of the expression ‘due process of law’ would be to say that it means in each particular case such an exercise of the powers of the Government as the settled maxims of law permit and sanction and under such safeguards for the protection of individual rights as those maxims prescribed for the class of cases to which one in question belongs. [Gopalan v State of Madras AIR 1950 SC 27: 1950 SCR 88.]

Art. 31 (of the Constitution of Bangladesh) finding its place in Part III and not speaking about procedure only cannot but be taken to be an incorporation of both substantive and procedural ‘due process’ as is known in the American Jurisdiction, [Mujibur Rahman v. Bangladesh, (1992) 44 DLR (AD) 111,122].

Created OnApril 23, 2011, 9:11 AM
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