Details |
In absence of any specific provision in the Agreement/policy guideline or
under any law, the price cannot be changed by giving retrospective
effect–
The Government/the Ministry cannot enhance the price of the goods violating
the terms of the contract executed between BPC, the Ministry and the Writ
Petitioner. However, according to the Agreement there is no legal bar for
reformulating the price of petroleum products by the Government but in
absence of any specific provision in the Agreement/policy guideline or
under any law, the price cannot be changed by giving retrospective effect.
It is to be noted that it is not disputed that the Government previously by
Gazette Notification dated 10.01.2013 re-fixed the price of the petroleum
products and the said Gazette Notification was given effect on the next
date from the date of publication of the Gazette Notification.
Thus, considering the totality of the materials on record, we are of the
view that the High Court Division legally decided that the price of
petroleum products cannot be fixed/re-fixed by giving retrospective effect.
...Bangladesh Petroleum Corporation =VS= Petromax Refinery Ltd., (Civil),
2020 [9 LM (AD) 146] ....View Full Judgment
|