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Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......aintiff No. 4 Monowara Begum’s husband P.W. 1 Sheik Sakhawat Hossain was an employee in the Relief and Rehabilitation Section-of the office of the Deputy Commissioner and filed the suit after retirement by creating forged papers using the names of the plaintiffs. While in service he deposed..Category: Property Law | Date: | Hits: 39
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......cords of the employees of TCB and made the recommendation accordingly on the basis of which impugned orders were passed. It was further stated that out of 306 employees 245 had already taken their retirement benefits. 4. The High Court Division upon hearing the parties and considerin..Category: Labour and Industrial Law | Date: | Hits: 80
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......Writ Petition Nos. 1872 to 1877 of 1998 making the Rules absolute. The Respondents as Writ Petitioners filed aforesaid Writ Petitions challenging memo compelling them to go on leave preparatory to retirement (Annexure-A series to the writ petitions) before superannuating and also for a direc..Category: Property Law | Date: | Hits: 32
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ed 04.06.1988. The respondent filed case No. 37 of 1989 before the Administrative Tribunal, Dhaka under section 4(2) of the Administrative Tribunals Act, 1980 impugning the said order of compulsory retirement stating, inter alia, that the Board of Directors was the appointing authority of the re..Category: Administrative Law | Date: | Hits: 90
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......lip;……..Respondent Judgment September 3, 2007. The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 11A(2) The order of retirement in respect of the appellant passed by the Bangladesh Biman Corporation under Regulation ..Category: Employment/Service Law | Date: | Hits: 79
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......aw and not on the ground that public notice was given in a manner different from that prescribed by section 72. The rule that makes a retiring partner liable for acts done on behalf of the firm after retirement is based on estoppel, because the persons deal with it in the belief that all the partner..Category: Election Law | Date: | Hits: 134
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......passed by the High Court Division in First Appeal No. 40 of 1965. 2. The plaintiff-Respondent filed a title suit being Title Suit No.35 of 1962 for a declaration that the order of his compulsory retirement passed by the Commissioner of Income Tax on June 29,1959 was illegal and without jurisdic..Category: Employment/Service Law | Date: | Hits: 80
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......nership deed. Clause 14 of the partnership deed only prevented a consequence of law, that is, dissolution of partnership on the death of a partner. The clause provides as under: "The death or retirement of any partner shall not determine the partnership hereby agreed upon but shall continue ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......facts are that the appellant filed the above case before the Administrative Tribunal, Dhaka for declaration that he is entitled to get all the financial benefits for the period from the date of his retirement up to the joining his duties. 3. The appellant's case was that while serving as D..Category: Administrative Law | Date: | Hits: 103
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......5(Kha) of the Pension and General Provident Fund Rules, 1987, although the petitioner will attain normal age of superannuation in 2005 on completion of 57 years of age. Being aggrieved by order of retirement the petitioner made representation to the respondent No. 1 on 23-9-95 which was turned d..Category: Employment/Service Law | Date: | Hits: 109
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30, 1994. 2. Facts, relevant for the disposal of the appeal are that t..Category: Employment/Service Law | Date: | Hits: 92
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......Constitution, is also likely to be jeopardized or affected by some of the other provisions in the Constitutution. Mode of their appointment and removal, security of tenure particularly, fixed age for retirement and prohibition against employment in the service of the Republic after retirement or r..Category: Constitutional Law | Date: | Hits: 1934
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... firm and dissolution of the firm the quire distinct and a clear distinction exists between the two concepts, inasmuch as the consequences flowing from each are entirely different. In the case of retirement of a partner, it is only the partner who goes out of the firm and the remaining partn..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....he Bangladesh Public Servants (Retirement) Order, 1972 (P.O. 14 of 1972). This statute was protected by the Constitution. The relevant article of this Order, namely, Article 5, which deals with the optional retirement, is quoted below: "5.(1) Notwithstanding anything contained in any other l......llant in service. Further, there had been no allegations against him for inefficiency, negligence or misconduct-no reason, valid or otherwise, appears from the impugned notification for his premature retirement. The appellant completed 25 years of service more than a year before the order impugned i..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......er Chowdhury. J.—I concur with the reasonings and the conclusions of my learned brother Shahabuddin Ahmed, J. Shahabuddin Ahmed J. - These three appeals by special leave arises out of orders of retirement of two Government Servants under Section 9(2) of ACE XII of 1974. They have been heard to..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......thereof to meet the ends of justice and the view has been taken that the punishment of dismissal in this case is harsh and, therefore, it has been suggested that it should be reduced to compulsory retirement. Once judicial mind has oscillated on the question of punishment and the harshness has b..Category: Employment/Service Law | Date: | Hits: 87
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......med in the schedule to the Ordinance, invoking the writ jurisdiction under Article 102 of the Constitution, in the case of illegal dismissal, discharge, removal, reduction in rank or compulsory retirement from service. 43. Sub-article (1) of Article 102 of the Constitution provides that th..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. .......................................................Respondent Judgment December 15, 1972. The Laws (Continuance in Force) Order, 1958, Article 6(5) The impugned order of retirement having been made before 1st of July 1959 the court is precluded from questioning the lega..Category: Administrative Law | Date: | Hits: 106
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