Government Jalmahal Nitimala, 2009 | Case Reference

Government Jalmahal Nitimala, 2009

Rule 7-Where the decision taken by the public authority is apparently mala fide, obviously arbitrary and so desperately defiant of law affecting rights of citizens so as to attract the mischief of Article 31, appropriate remedy may be sought in writ jurisdiction. Rule 7 of Nitimala does not provide any provision to the aggrieved party to file appeal to the Divisional Commissioner or before any other authority challenging such recommenda- tion. Birampur Sonali Matshajibi Samabay Samity Ltd vs Bangladesh, 68 DLR 408

Rule 7-To qualify as an application under the Nitimala, 2009 an application must be accompanied by Bank Draft/ Pay Order and other documents specified in rule 7, any short of it will disqualify an application leaving no scope for curing the defect at any subsequent stage. To say otherwise would be to encourage unhealthy competition among the contending parties resulting in loss of fair play in the bidding process which is not the contemplation of law. Birampur Sonali Matshajibi Samabay Samity Ltd vs Bangladesh, 68 DLR 408