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Due Process of Law | Case Reference


Due Process of Law-The phrase "due process of law' is synonymous with 'law of the land' as used in the famous twenty-ninth chapter of 'Magna Charta' which declared that "no freeman shall be taken, or imprisoned, or dissiezed, or outlawed, or banished, or in any way destroyed, nor will the king pass upon him or commit him to prison, unless by the judgment of his peers or the law of the land." This principle has been adopted in the Fifth and Fourteenth Amendments of the American Constitution. Both these amendments prohibit deprivation of life, liberty or property 'without due process of law'. The essence of the concept is fairness and avoidance of arbitrariness. (Per SK Sinha J) Major Bazlul Huda vs State 62 DLR (AD) 1.


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