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Writ is a legal document issued by a court or judicial officer. It is a
written court order directing a person to take, or refrain from taking, a
certain act. In brief, it is a formal written order issued by a body with
administrative or judicial jurisdiction.
Delay in seeking remedy under writ is a ground for refusing the prayer.
These related applications of the petitioners can¬not be allowed on the
ground that it will upset a condition prevailing for the last three years
and create complications and chaos. If the petitioners thought that the
notifications were made illegally they should have promptly come before
this Court seeking remedy. ….. [M/s. Amin Jute Mills Ltd vs. the
Chittagong Municipality (1968) 20 DLR 1041]
See, Art. 102 of the Constitution of Bangladesh, 1972.
Writ petition maintainable or not– Writ petition was maintainable since
the decision challenged in the writ petition was of the Board of Secondary
and Higher Secondary Education–
The writ petitioner being an Assistant Teacher of a non-Government
Secondary School, which is neither statutory body nor a local authority,
the writ petition was not maintainable’. The decision challenged in the
writ petition was of the Board of Secondary and Higher Secondary Education,
we find that the writ petition was maintainable. Moreover, it appears that
no such ground of maintainability was urged before the High Court Division.
With regard to the merit of the writ petition, we find that the High Court
Division dealt with the matter extensively in making the Rule Nisi
absolute. Since no argument was made with regard to the merit of the case
we do not propose to dwell on the matter. We do not find any merit in this
appeal, which is accordingly dismissed. …Bangshal Girls High School =VS=
Kawser Parvin(Mrs.), (Civil), 2019 (2) [7 LM (AD) 15] ....View Full Judgment
The Writ petition is not maintainable–
The Grameen Bank being in the list of enterprises contained in the schedule
to the Administrative Tribunal Act, 1980, matters relating to service of
the employees of the Grameen Bank would have to be referred to the
Administrative Tribunal. As such any petition under the writ jurisdiction
relating to service matters of the Grameen Bank is not maintainable.
Challenging the vires of the regulations was merely a ploy to bring the
matter within the scope of the writ jurisdiction. As it happens, the writ
petitioners challenged the regulation Nos. 13.1 and 13.5 in Chapter-Three
of the regulations which are not applicable to their cases. We are of the
view that the challenge to the vires of regulations 13.1 and 13.5 of the
Bidhimala was totally misconceived and that the Grameen Bank being an
enterprise listed within the schedule of the Administrative Tribunal Act,
1980, the writ petitions were not maintainable. …Birendra Nath Ojha =VS=
Government of Bangladesh, (Civil), 2019 (2) [7 LM (AD) 358] ....View Full Judgment
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