Jurisdiction of the High Court Division

 

 

Jurisdiction of the High Court Division

 

Interpretation of Law—The High Court Division in the facts of the case having correctly exercised its power of judicial review and pronounced upon the incompetence of the Appellate Tribunal, it was not at all legal and proper on the part of the Appellate Tribunal to hold and find that the view taken by the High Court Division was wrong. It is true that the Appellate Tribunal is not subordinate to the High Court Division but judicial decorum, propriety and discipline demand that when an interpretation of law is given by the High Court Division all Courts and Tribunals in Bangladesh should abide by such interpretation until the said interpretation is set aside or varied by the Appellate Division. It will give rise to anarchical situation if a Tribunal were to give its own interpretation of law when the matter is settled by a decision of the High Court Division passed in its constitutional jurisdiction. The Tribunal has no authority to sit on judgment over the decision of the High Court Division in such matters. It may express its own opinion but will be always obliged to follow the decision of the High Court Division in the absence of any contrary opinion of the Appellate Division on the subject. [Para12]

Miss Shaheda Khatun Vs. Administrative Appellate Tribunal & Ors. 6 BLT (AD)-259

Jurisdiction of the High Court Division

Jurisdiction of the High Court Division

Interpretation of
Law—The
High Court Division in the facts of the case having correctly exercised its
power of judicial review and pronounced “upon the incompetence of the Appellate
Tribunal, it was not at all legal and proper on the part of the Appellate
Tribunal to hold and find that the view taken by the High Court Division was
wrong. It is true that the Appellate Tribunal is not subordinate to the High
Court Division but judicial decorum, propriety and discipline demand that when
an Interpretation of law is given by the High Court Division all Courts and
Tribunals in Bangladesh should abide by such interpretation until the said
interpretation is set aside or varied by the Appellate Division. It will give
rise to anarchical situation if a Tribunal were to give its own interpretation
of law when the matter is settled by a decision of the High Court Division
passed in its constitutional jurisdiction. The Tribunal has no authority to sit
on judgment over the decision of the High Court Division in such matters. It
may express its own opinion but will be always obliged to follow the decision
of the High Court Division in the absence of any contrary opinion of the
Appellate Division on the subject.

Miss Shaheda Khatun
Vs. Administrative Appellate Tribunal & Ors. 6 BLT (AD)-259.