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Case details
| Lead case reference on official PDF cover | CIVIL APPEAL NO.195 OF 2011 |
|---|---|
| Caption / parties as listed | Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladesh Secretariat, Dhaka and another. vs. Md. Nazrul Islam and another |
| Court | Supreme Court of Bangladesh — Appellate Division |
| Case reference year | 2011 |
| Court website upload date | 2021-04-22 |
| Original index reference | Civil Appeal /2011 |
Additional reference in the official index
(Allowed)
Court index description — excerpt
The question of legitimate expectation does not arise at all. The question whether the writ-petitioners completely failed to perform their part in the contractual obligations in making the payments in accordance with the terms and conditions as specifically spelt out in the memo dated 09.04.1984 can be decided by a civil court after taking evidence. As the instant case is not maintainable under Article 102 of the Constitution, so the question of the obligations, duties of the parties are not to be dealt with in this forum. We have already discussed in the preceding paragraphs that the issue involves the question of the determination of facts which cannot be decided without taking evidence or examining the parties. […]
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