BLR Sourcing on Writ of Certiorari Before Exercising Judicial Review in a Writ Petition in the nature of Certiorari the Judges must see whether the person concerned ,had acted without jurisdiction or had given any finding upon no evidence or without considering any material evidence or facts causing prejudice to the petitioner or passed the order contrary to the provision of law or on misconception of law or on wrong interpretation of law governing the field of the subject or that it had acted malafide or in violation of the principle of natural justice- National Engineers Ltd vs Jubak Housing and Real Estate Development Ltd (Civil) ,67 DLR (AD) (2015) 176, Article 102(2)
Whenever The High Court Division Grants Certificate it ought to have formulated the points on which the certificate is granted containing inter alia that the case involves a question of law as to the interpretation of the constitution or that the question i s a substantial one- BLAST vs State ( Civil) ,67 DLR (AD) (2015) 185, Article 103(2)(a)
Determination of appropriate measures of punishment is judicial and executive functions. The Court will enunciate the relevant facts to be considered and weight to be given to them having regard to the situation of the case. These provisions are against the fundamental tenents of our constitution and therefore,ultra vires the constitution and accodingly they are declared void- BLAST vs State (Civil),67 DLR (AD) (2015) 185,Article 104
BLR express the same as “Since we are exercising the power of vested in this court under article 104 of the constitution for doing complete justice, we are not at all required to enter into the legal question as to the maintainability of the application filed by the judgment debtor . Considering the defination of the abandoned property as given in President’s Order no XVI of 1972, it was found that Gannysons Limited Company, in no circumstances,could be declared as an abandoned property allowed the review application,declared that the property was not an abandoned property,struck down the execution case subject to payment of the decretal amount to the Bank directly by the appellants and directed the Government to release the property treating title suit filed by the appellant as withdrawn being infructuous”- Abdul Malek vs Md Asaduzzaman Belal (Civil) ,67 DLR (AD) (2015 146,Article 104
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