The Constitution of Bangladesh, 1972, Article 102

Whether Writ petition challenging award of contract is maintainable?

Where there is no decision contrary to the terms of the tender or no lack of transparency in the process of evaluation by Tender Committee nor any malafide in awarding contract writ petition is not maintainable..............(50)  

The Representation of People’s Order, 1972 (P.O. 155 of 1972), Article 31

The Election Tribunal is competent to call for election materials to see whether provisions of Article 31 of the Order has been violated or not.

In order to maintain the sanctity of the election, the packets inside the gunny bag should be scrutinised carefully and strictly and in the fitness of things examination of the Presiding Officer or concerning polling staffs may be indispensably necessary to ascertain as to whether the packets and contents inside the packets are intact and would unerringly show that the ballot papers, the counterfoils of 'the issued ballot papers and the marked copies of the electoral rolls were not tampered with by some malicious hands, meanwhile, in order to create evidence/ground for undoing the election ………………………..(19) 

The Waqf Ordinance, 1962 (I of 1962), Sections 64 and 102

The Code of Civil Procedure, 1908(V of 1908), Order VII, Rule 11

What is to be considered in rejecting a plaint?

The Code of Civil Procedure, 1908, (V of 1908), Order XIX, Rule 1(1), (3)

When there was no issue before the trial court nor the appellate court regarding waiver, the High Court Division was not required to give any finding in this respect in the absence of any specific averment to the contrary.................(15)

The Code of Criminal Procedure, 1898 (V of 1898), Section 494

To give consent or not for withdrawal of an accused from prosecution is a discretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially.

The Trade Marks Act, 1940 (V of 1940), Section 20 (2)

The Constitution of Bangladesh, 1972, Article 102

When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any breach thereof may entitle the aggrieved party to invoke the writ…….(20)

A contract does not become a statutory contract simply because a public functionary entered into the contract unless a statute stipulates terms which have been incorporated in the contract….(19) 

The Bangladesh Service Rules, Rule 72(a)