BANGLADESH CO-OPERATIVE INSURANCE LIMITED Vs. MD. ABDUL KHALEQUE KHAN
SUPREME COURT OF BANGLADESH
Bangladesh Co-Operative Insurance Limited
Md. Abdul Khaleque Khan
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MOHAMMAD ABDUR ROUF,J. -
(1.) The appellant, Bangladesh Co-Operative Insurance Limited, briefly "the Society", has called in question by leave the judgment and order of a Division Bench of the High Court Division dated 16.5.93 passed in Writ Petition No. 683 of 1989 holding, inter alia, that the Ad hoc Managing Committee of the appellant's Society being a "local authority", as defined in Section 3(28) of the General Clauses Act 1897, is amenable to the writ jurisdiction of the High Court Division under Article 102 of the Constitution.
(2.) The relevant facts are as follows:- Respondent No.1, Abdul Khaleque, former Secretary of the appellant's Society, was dismissed from service by an Ad hoc Managing Committee of the Society. He challenged the order of dismissal in the aforesaid writ petition on a number of grounds including a ground of malafide and obtained a Rule Nisi.
(3.) The appellant-Society opposed the Rule, by filing an affidavit-in-opposition and contending, inter alia, that it is neither a Government, nor a local authority, as provided in the Constitution, and as such the High Court Division has no authority to interfere with its affairs under Article 102 of the Constitution.;
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