Article 2 or any other provision of the new Order, that is to say, the application or proceeding relates to a writ sought on the ground that a fundamental right has been contravened, then the application or the proceeding shall abate forthwith. This means that not only the application for the writ would abate but also the proceedings which require the enforcement of that writ. The abatement must, therefore, be held to govern all those writ which were the subject-matter of appeal before the Supreme Court either on certificate or by special leave. No judgment, order or Writ of a High Court can be considered to be final when either that Court has certified the case to be a fit one for appeal and proceeding for appeal have been taken or when the Supreme Court itself has granted special leave to appeal from that Judgment, order, or writ, I am, therefore, of the view that the writs issued by the High Court in this case are not final writs, and that all proceedings in connection with such writs including the original applications in the High Court, have abated.
পাতা:বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড).pdf/৬৫৯
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বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্রঃ প্রথম খণ্ড
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