The writ-petitioner challenged the Department due to the fact that their bid was not successful. Before this Division it was argued that the writ petition involved a commercial contract and hence, the High Court Division was wrong in holding the writ petition maintainable. Upon referring to the six conditions noted above, it was held that the contract does not fulfill any of the requirements to make the same statutory contract or contract entered into by the Government in the capacity as sovereign. We find that the contract in question having been entered into by the official liquidator was not a sovereign contract and hence it was not amenable to the writ jurisdiction. The appeal is allowed and the judgement and order of the High Court Division is set aside. ...Government of Bangladesh =VS= M/S. AMS Faraj Construction, (Civil), 2019 (1) [6 LM (AD) 23] ....View Full Judgment

Omission of the word “accepted” which is the very foundation that could constitute the contract cannot be filled in evidence. As the foundation of the contract is missing in the plaint, the contract is not a concluded one and as such not enforceable. ….. (Abul Hossain Khan vs. Md. Shamsuddin Khan 41 DLR 415)
An agreement which would defeat provision of law can not be enforced. ….. (DCCI Vs. Secretary 39 DLR 145)
An agreement enforceable by law is a contract. ….. (Section 2(h) of the Contract Act, 1872)