Judicial Dictionary
Title | Contract |
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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)
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