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Creation of any new post–
The writ respondent had/has no authority to create any new post in his
office. Creation of any new post in any Government office is absolutely
under the domain of the Government–When it is impossible to conduct an
execution, since the object to be executed is unavailable, it must be
considered as non executable judgment due to unavailability of object to
execute and court cannot pass any order which cannot be executed.
The judgment and order passed by the High Court Division on 18.01.2009 in
Writ Petition No.7455 of 2007 is unexecutable. We are of the view that the
said judgment has been passed beyond the jurisdiction of the High Court
Division. Thus the same is a nullity and it requires to be set aside.
...Government of Bangladesh =VS= Jannatul Ferdus, (Civil), 2021(1) [10 LM
(AD) 140] ....View Full Judgment
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